Journal of the Senate of the State of Georgia regular session 1985, volume II, 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 II
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

FRIDAY, FEBRUARY 22, 1985

1401

Senate Chamber, Atlanta, Georgia Friday, February 22, 1985 Thirty-first Legislative Day

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

Senator 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 125.

By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to require that each ad valorem tax bill must contain a notice to the taxpayer concerning the taxpayer's right to file a return for the next tax year and the effect of the failure to file a return.

HB 277.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the preservation and promotion of historic areas, so as to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist.

HB 408.

By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to certain civil penalties under the income tax laws, so as to provide that the 50 percent civil fraud penalty shall be in lieu of the 5 percent negligence penalty.

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HB 461.

By Representatives Manner of the 131st, Chambless of the 133rd, Richardson of the 52nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain functions relating to personal care homes; to provide for definitions; to provide for criminal records checks and determinations based thereon for directors and employees of personal care homes.

HB 485.

By Representative Colwell of the 4th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor.

HB 565.

By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd and others:
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.

HB 601.

By Representative Bargeron of the 108th:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, so as to change the provisions, relating to recovery of judgements for damages resulting from accidents.

HB 614.

By Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd and others:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family violence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding family violence; to provide that the performance of such duties shall not constitute the unauthorized practice of law.

HB 655.

By Representatives Heard of the 43rd, Murphy of the 18th, Dover of the 11th and others:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be heard by the commission itself; to provide that certain matters which have previously been decided on appeal by an employee of the commission may be further appealed to the commission itself.

FRIDAY, FEBRUARY 22, 1985

1403

HB 679. By Representative Smith of the 152nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering.

HB 681. By Representative Bray of the 91st:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to exclude certain positions in the Department of Labor from the classified service.

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

HR 22. By Representative Sinkfield of the 37th: A resolution compensating Eddie Hammonds, Jr.

HR 51. By Representative Parham of the 105th: A resolution compensating the Baldwin County Board of Commissioners.

HR 99. By Representative Johnson of the 72nd: A resolution compensating Mr. David M. Burns.

HR 232. By Representatives Steinberg of the 46th, Alford of the 57th, Robinson of the 58th and others:
A resolution to create the DeKalb County Land Use Study Commission to study matters relating to the implementation and enforcement of a land use plan for DeKalb County.

HR 106. By Representative McDonald of the 12th:
A resolution creating the Joint Study Committee on Superior Court Judgeships.

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HR 113. By Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd:
A resolution compensating Ms. Charlotte Chancellor.

HR 119. By Representative Ray of the 98th: A resolution compensating Mr. Floyd Keen.

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

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.

The House insists on its position in disagreeing to the Senate substitute to 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, 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.

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

HB 112. By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relating to speech pathologists and audiologists.

FRIDAY, FEBRUARY 22, 1985

1405

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

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.

The House has agreed to the Senate amendments to the following bills of the House:

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 disabled persons, so as to provide for the registration by the Department of Human Resources of all head-injured persons.

HB 330.

By Representatives Jackson of the 9th, Wood of the 9th, 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 court.

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 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 substitutes to the following bills of the House:

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 Official Code of Georgia Annotated, the "Water Well Standards Act of 1976," relating to water wells, so as to provide a new short title.

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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 Annotated, relating to exemptions from the provisions of the "Georgia Industrial 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 Solicitation Sales Act," so as to provide an express exemption for certain colleges and universities.

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 Authority 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 agreed to the Senate amendment to the following resolution of the House:

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.

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

HB 860.

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 Tattnall County Industrial Development Authority.

HB 861.

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 authorizing the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County.

FRIDAY, FEBRUARY 22, 1985

1407

HB 862.

By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to provide for election of the mayor and council.

HB 864.

By Representative Ramsey of the 3rd:
A bill to amend an Act placing the coroner of Murray County on an annual salary, so as to change the provisions relating to the compensation of the coroner.

HB 865.

By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the provisions relating to the compensation of said officers.

HB 866.

By Representative Ramsey of the 3rd:
A bill to amend an Act creating the office of commissioner of Murray County, so as to change the provisions relating to the compensation of the commissioner.

HB 868.

By Representative Smith of the 152nd:
A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the compensation of the chairman and members of the board.

HB 869. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to abolish the office of treasurer of Towns County.

HB 870.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the commissioner districts; to change the provisions relative to the election of the members of the board of commissioners.

HB 871.

By Representative 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 provision of a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the city governing authority at not more than $2,000.00 from all City of Bowdon ad valorem taxes.

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HB 872.

By Representatives Walker of the 85th, Cheeks of the 89th and Ransom of the 90th:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to change the powers, duties, and responsibilities of the Richmond County Sheriffs Merit System Board.

HB 877.

By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting jurisdiction to the Recorders' Court of DeKalb County to try and dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals.

HB 878.

By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court.

HB 879.

By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia those constitutional amendments authorizing the General Assembly to empower the Board of Commissioners of DeKalb County to enact ordinances for the policing and governing of said county and to provide penalties for violation of such ordinances.

HB 880.

By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act creating the board of commissioners of Clarke County, so as to change the compensation of the chairman and other members of the board of commissioners.

HB 882.

By Representatives Byrd of the 153rd, Moody of the 153rd, and Smith of the 152nd:
A bill to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the compensation of the chairman and the other members of the board.

FRIDAY, FEBRUARY 22, 1985

1409

HB 890.

By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the provisions relating to qualifications of candidates for election to the office of mayor or councilman.

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

SB 270. By Senator Reddish of the 6th:
A bill to amend an Act creating a new charter for the City of Jesup, as amended, so as to change the provisions relating to the election of the mayor and other members of the board of commissioners; to provide for election districts; to provide for practices and procedures connected with city elections; to provide for residency requirements.
Referred to Committee on Urban and County Affairs.

SR 181. By Senator Kidd of the 25th: A resolution creating the Senate Merit System Study Committee.
Referred to Committee on Rules.

SR 182. By Senators Scott of the 2nd, Barker of the 18th, Ray of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that superior court and state court judges shall not be elected on a nonpartisan basis; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

SR 184. By Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd and others:
A resolution to ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress.
Referred to Committee on Governmental Operations.

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

HB 125.

By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to require that each ad valorem tax bill must contain a notice to the taxpayer concerning the

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JOURNAL OF THE SENATE

taxpayer's right to file a return for the next tax year and the effect of the failure to file a return.
Referred to Committee on Banking and Finance.

HB 277. By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the preservation and promotion of historic areas, so as to provide for administrative and judicial review of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist.
Referred to Committee on Natural Resources.

HB 408. By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to certain civil penalties under the income tax laws, so as to provide that the 50 percent civil fraud penalty shall be in lieu of the 5 percent negligence penalty.
Referred to Committee on Banking and Finance.

HB 461. By Representatives Hanner of the 131st, Chambless of the 133rd, Richardson of the 52nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain functions relating to personal care homes; to provide for definitions; to provide for criminal records checks and determinations based thereon for directors and employees of personal care homes.
Referred to Committee on Public Safety.

HB 485. By Representative Colwell of the 4th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor.
Referred to Committee on Industry and Labor.

HB 565. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd and others:
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.

FRIDAY, FEBRUARY 22, 1985

1411

HB 601. By Representative Bargeron of the 108th:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehicles, so as to change the provisions, relating to recovery of judgments for damages resulting from accidents.
Referred to Committee on Judiciary.

HB 614. By Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd and others:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family violence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding family violence; to provide that the performance of such duties shall not constitute the unauthorized practice of law.
Referred to Committee on Judiciary and Constitutional Law.

HB 655. By Representatives Heard of the 43rd, Murphy of the 18th, Dover of the 11th and others:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be heard by the commission itself; to provide that certain matters which have previously been decided on appeal by an employee of the commission may be further appealed to the commission itself.
Referred to Committee on Public Utilities.

HB 679. By Representative Smith of the 152nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering.
Referred to Committee on Governmental Operations.

HB 681. By Representative Bray of the 91st:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "unclassified service"; to exclude certain positions in the Department of Labor from the classified service.
Referred to Committee on Governmental Operations.

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HR 22. By Representative Sinkfield of the 37th:
A resolution compensating Eddie Hammonds, Jr., in the amount of $350.00.
Referred to Committee on Appropriations.

HR 51. By Representative Parham of the 105th:
A resolution compensating the Baldwin County Board of Commissioners in the amount of $1,044.00.
Referred to Committee on Appropriations.

HR 99. By Representative Johnson of the 72nd:
A resolution compensating Mr. David M. Burns in the amount of $1,054.19.
Referred to Committee on Appropriations.

HR 106. By Representative McDonald of the 12th:
A resolution creating the Joint Study Committee on Superior Court Judgeships.
Referred to Committee on Rules.

HR 113. By Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd:
A resolution compensating Ms. Charlotte Chancellor in the amount of $300.00.
Referred to Committee on Appropriations.

HR 119. By Representative Ray of the 98th: A resolution compensating Mr. Floyd Keen in the amount of $697.86.
Referred to Committee on Appropriations.

HR 232. By Representatives Steinberg of the 46th, Alford of the 57th, Robinson of the 58th and others:
A resolution to create the DeKalb County Land Use Study Commission to study matters relating to the implementation and enforcement of a land use plan for DeKalb County.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 22, 1985

1413

HB 860. 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 Tattnall County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 861. 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 authorizing the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County.
Referred to Committee on Urban and County Affairs.

HB 862. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville so as to provide for election of the mayor and council. Referred to Committee on Urban and County Affairs.

HB 864. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the coroner of Murray County on an annual salary, so as to change the provisions relating to the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

HB 865. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County upon an annual salary, so as to change the provisions relating to the compensation of said officers.
Referred to Committee on Urban and County Affairs.

HB 866. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the office of commissioner of Murray County, so as to change the provisions relating to the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.

HB 868. By Representative Smith of the 152nd:
A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the compensation of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 869. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to abolish the office of treasurer of Towns County.
Referred to Committee on Urban and County Affairs.

HB 870. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the commissioner districts; to change the provisions relative to the election of the members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 871. By Representative 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 provision of a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the city governing authority at not more than $2,000.00 from all City of Bowdon ad valorem taxes.
Referred to Committee on Urban and County Affairs.

HB 872. By Representatives Walker of the 85th, Cheeks of the 89th and Ransom of the 90th:
A bill to amend an Act creating a merit system of employment and personnel administration for employees of the sheriff in Richmond County and creating the Richmond County Sheriffs Merit System Board, so as to change the powers, duties, and responsibilities of the Richmond County Sheriffs Merit System Board.
Referred to Committee on Urban and County Affairs.

HB 877. By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting jurisdiction to the Recorder's Court of DeKalb County to try and dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals.
Referred to Committee on Urban and County Affairs.

HB 878. By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magistrates; to provide that certain minimum compensation laws shall not apply to magistrates of such court.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 22, 1985

1415

HB 879. By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia those constitutional amendments authorizing the General Assembly to empower the Board of Commissioners of DeKalb County to enact ordinances for the policing and governing of said county and to provide penalties for violation of such ordinances.
Referred to Committee on Urban and County Affairs.

HB 880. By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to amend an Act creating the board of commissioners of Clarke 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.

HB 882. By Representatives Byrd of the 153rd, Moody of the 153rd and Smith of the 152nd:
A bill to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, so as to change the compensation of the chairman and the other members of the board.
Referred to Committee on Urban and County Affairs.

HB 890. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the provisions relating to qualifications of candidates for election to the office of mayor or councilman.
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 of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 268. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

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Mr. President:

The Committee on Banking and Finance 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 431. Do pass by substitute.
Respectfully submitted,
Senator Hudgins of the 15th District, Chairman

Mr. President:

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

SB 243. SB 258. HB 247.

Do pass. Do pass. Do pass.

HB 566. HB 567. HB 583.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 207. Do pass. SR 160. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 132. Do pass by substitute.
SB 252. Do pass by substitute.

FRIDAY, FEBRUARY 22, 1985

1417

SB 267. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Interstate Cooperation 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 199. Do pass. HB 200. Do pass
Respectfully submitted,
Senator English of the 21st 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 182. Do pass by substitute. SB 212. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 264. SB 266. HB 543.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

1418

JOURNAL OF THE SENATE

Mr. President:

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

SB 253. Do pass as amended. HB 222. Do pass.

HB 362. Do pass. HB 393. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Utilities 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 126. Do pass. SB 214. Do pass. SB 263. Do pass.

SR 168. HB 723. HR 120.

Do pass. Do pass by substitute. 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 731. HB 766. HB 767. HB 768. UHDB _76.9. HB 770
HB 771.

Do pass. Do pass. Do pass. Do pass. ^Do pass. Do pass
Do pass.

HB 772. HB 773 UHDB 774. HB 809. HB ^2"' HB 836.

Do pass. Do pass
Do pass. Do pass. ^ Pass as amended. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

FRIDAY, FEBRUARY 22, 1985

1419

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 269. 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 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.

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.

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 insurers may invest in securities issued by the African Development Bank; to provide for an effective date.

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 appeals 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.

1420

JOURNAL OF THE SENATE

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 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.

SB 224.

By Senator Timmons of the llth:
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 membership in public retirement or pension systems for persons convicted of certain crimes; to provide for definitions.

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.

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.

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 provide that the proceeds of any bonds may be invested and reinvested in certificates of deposit.

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.

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-

FRIDAY, FEBRUARY 22, 1985

1421

vage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.

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 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 nominating 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 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, relating to retirement, so as to provide that service in the General Assembly by members holding office on a certain date may be counted as creditable service only for the purposes of the Georgia Legislative Retirement System.

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.

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 provide that sales of crab bait to, and use of crab bait by, commercial fishermen shall be exempt from sales and use taxation.

HB 341.

By Representatives Kilgore of the 42nd, Crosby of the 150th and Williams 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

1422

JOURNAL OF THE SENATE

commissioner or his representative to collect any tax, fee, license, penalty, interest, or collection costs.

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 relating to minimum salaries for judges of the probate courts; to change the provisions relating to compensation of judges of the probate courts.

HB 395.

By Representative Barnett of the 10th:
A bill to increase the amount of 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 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' Retirement Fund of Georgia, so as to change the provisions relating to options and optional benefits.

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 equipment 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 insurance, so as to provide for jurisdiction of certain providers of health care benefits.

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 payments thereunder, so as to remove the provisions relating to the payment of social security.

FRIDAY, FEBRUARY 22, 1985

1423

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 authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions.

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 recognizances, so as to provide that an appearance bond shall not be forfeited if, prior to the forfeiture hearing, the principal in the bond is in custody.

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 certain provisions.

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 Official 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 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 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 Division 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 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-

1424

JOURNAL OF THE SENATE

vices Committee, so as to change the provisions relating to maintenance, repair, construction, renovation, refurbishing, and furnishing of legislative 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.

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 provide that the state auditor shall furnish each member of the General Assembly a card or form to enable a member to request a copy of such report.

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

Albert 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 Hine
Holloway Horton Huggins Kennedy
Kidd

Land McGill
McKenzie
Peevy Perry
Phillips
Ray Scott of 2nd Scott of 36th Starr
Tate Timmons Tolleson Trulock
Walker

Those not answering were Senators:

Allgood (excused) Bond Coleman (excused) Coverdell

Howard Hudgins Langford Reddish

Stumbaugh Turner (excused)
Tysinger

Senator Deal of the 49th served as chaplain of the day and 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.

FRIDAY, FEBRUARY 22, 1985

1425

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Allgood of the 22nd from the Senate today due to illness; the consent was granted, and Senator Allgood of the 22nd was excused.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Turner of the 8th from the Senate today due to illness; the consent was granted, and Senator Turner of the 8th was excused.

The following resolutions of the Senate were read and adopted:

SR 183. By Senators Brannon of the 51st, Foster of the 50th and Howard of the 42nd:
A resolution expressing regret at the passing of Honorable William Deo Haynes.

SR 185.

By Senators Bond of the 39th, Howard of the 42nd, Scott of the 36th and others:
A resolution recognizing March 23, 1985, as "Bach Around the Clock Day" in Georgia.

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 22, 1985
THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*SB 227

Howard, 42nd Burton, 5th Stumbaugh, 55th Tysinger, 41st Walker, 43rd DeKalb County
Amends Act establishing DeKalb County districts from which members of county board of education shall be elected; changes provisions relative to compensation of members of board of education; provides an effective date. (SUBSTITUTE)

1426

JOURNAL OF THE SENATE

SB 251 Foster, 50th Dawson County
To continue amendment which relates to Dawson County Industrial Building Authority; provides authority for this Act.

SB 254 Coleman, 1st A. Scott, 2nd Bryant, 3rd City of Bloomingdale Chatham County
Amends Act creating charter for city, as amended; changes method of electing vice-mayor.

SB 255 Bryant, 3rd Kennedy, 4th Bryan County
To authorize governing authority to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of county; provides exceptions; provides for related matters.

SB 260 Kidd, 25th City of Milledgeville Baldwin County
Amends Act establishing new charter; changes provisions relating to terms of office of certain city officials; provides that certain city officials shall serve at pleasure of mayor; provides for filling vacancies in certain city offices; provides an effective date.

HB 511

Hudgins, 15th Land, 16th Muscogee County
Amends Act creating Muscogee County School District; changes maximum amount for which Superintendent of Board of Education may make contracts.

HB 512 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends Act creating Muscogee County School District; changes provisions relative to council districts of Columbus, Georgia, from which members of the Muscogee County Board of Education are appointed.

HB 519 Hudgins, 15th Land, 16th

FRIDAY, FEBRUARY 22, 1985

1427

City of Columbus Muscogee County
Amends Act providing charter for county-wide government; provides that wherever the word "councilman" and the word "councilmen" shall appear in the Charter of Columbus, Georgia, the words "councilor" and "councilors" respectively, shall be substituted therefor.

HB 530 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends Act establishing Municipal Court of Columbus, Georgia; increases jurisdiction of court in certain cases; provides for costs; provide for transfer of cases to and from other courts.

HB 728 Gillis, 20th City of Vidalia Toombs County
Continues amendment which relates to creation of Vidalia Development Authority and powers and administration of the authority.

HB 755 Cobb, 28th City of Griffin Spalding County
Amends Act creating new charter for City; changes method of electing five members of board of commissioners by providing for election of four members from single-member districts apportioned on the basis of population and one member elected at large.

HB 756 Gillis, 20th Treutlen County
Continues amendment which relates to creation of Treutlen County Development Authority and powers and administration of authority.

HB 801

Foster, 50th Habersham County
Continues amendment authorizing county board of education of said county to borrow funds and pledge certain building funds to payment thereof.

HB 802 Foster, 50th Habersham County
Continues amendment creating Habersham County Industrial Development Authority.

1428

JOURNAL OF THE SENATE

HB 803

Foster, 50th City of Clarkesville Habersham County
Continues amendment providing resident of City of Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation.

HB 804 Foster, 50th City of Clarkesville Habersham County
Continues amendment authorizing governing authority of City of Clarkesville to issue revenue bonds for the purposes of providing nonprofit housing for elderly persons.

HB 805

Foster, 50th City of Clarkesville Habersham County
Continues amendment creating Clarkesville Industrial Building Authority.

HB 807 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Amends Act establishing Municipal Court of Columbus, Georgia; increases compensation of judge.

HB 808 Hudgins, 15th Land, 16th Muscogee County
To provide an annual salary for coroner of said county in lieu of fee system of compensation; authorizes payment of certain expenses incidental to office of coroner of said county.

HB 818 Kennedy, 4th Long County
Amends Act establishing board of commissioners; changes compensation of commissioners.

HB 819 Kennedy, 4th Evans County
Continues amendment creating Evans County Industrial Development Authority.

FRIDAY, FEBRUARY 22, 1985

1429

The substitute to the following bill was put upon its adoption:

*SB 227:

The Senate Committee on Urban and County Affairs offered the following substitute to SB 227:

A BILL
To be entitled an Act to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. The chairman and each member of the Board of Education of DeKalb County shall be paid $800.00 per month as their compensation for services rendered and for attendance at all regular and special meetings of the board."
Section 2. This Act shall become effective on the first day of the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute 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:

1430

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Brantley Broun of 46th BBruyrtaonnt
Cobb
Coverdell Deal
Dean English

Engram Fincher Foster Garner Gillis Greene Harris HHainrerison
Holloway
Horton Huggins
Kennedy Kidd

Land Langford McGill Peevy Perry Phillios R^ ,,Red*d,.ish,
Scott of 2nd
Scott of 36th Tolleson
Trulock Walker

Those not voting were Senators:

Allgood (excused) Barker Bond Brown of 47th Coleman (excused)

Dawkins Howard Hudgins McKenzie Starr

Stumbaugh Tate Timmons Turner (excused) Tysinger

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 227, having re ceived the requisite constitutional majority, were passed.

SB 227, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Friday, February 22, 1985
THIRTY-FIRST LEGISLATIVE DAY
SB 101 Civil Practice Act--change conditions under which judgment by de fault entered (SUBSTITUTE) (J&CL--33rd)
SB 201 Emergency Care Physician--conditions for liability immunity (J&CL--37th)
SB 256 Boll Weevil Eradication--provide for program (Ag--19th) SR 37 Boards of Education--elected (Ed--25th) SR 145 Textile, Apparel Imports--urge President and Congress to moderate
(ED&T--7th) SR 154 Comprehensive Federal Marketing and Bargaining Act--urge enact
ment (Ag--24th)

FRIDAY, FEBRUARY 22, 1985

1431

SR 158 New Wing at War Veterans Home--urge Governor to budget $250,000 (D&VA--3rd)
HB 463 Distilled Spirits, Alcohol--excise tax on first sale, use and final deliv ery (C Aff-- 12th)
HB 358 Correctional Industries Administration--participate in self-insurance program (Ins--22nd)
HB 273 Relief from Family Violence--penalties for violating certain court orders (J&CL--26th)
HB 81 Group Life Insurance--extend term debtor eligible for indebtedness (SUBSTITUTE) (Ins--37th)
HB 235 Sesquicentennial Founding of Emory--special license plates to com memorate (Trans--42nd)
HB 5 Mentally 111, Retarded, Alcoholic, Drug Dependent--transfer to state facility (Hum R--42nd)
HB 43 Prestige, Special License Plates--change fee (B&F--13th)
HB 471 Building Authority--operate railroad excursions between certain places (ED&T--4th)
HB 14 Juvenile--if tried as adult not subject to Division of Youth Services (AMENDMENT) (C&Y--35th)
HB 130 Abandoned Motor Vehicle--change certain procedures on lien fore closure (Trans--44th)
HB 172 Georgia Rail Passenger Authority Law--enact (Trans--33rd)
HB 159 Death Penalty--court fix 7 day period of time to carry out (Judy--33rd)
HR 112 Dalton--conveyance of certain state-owned property (Pub U--54th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

HB 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.

Senator Walker of the 43rd moved that the Senate insist upon the Senate substi tute to HB 36.

1432

JOURNAL OF THE SENATE

On motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 36.

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

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.

Senator Burton of the 5th moved that the Senate adhere to its disagreement to the House substitute to SB 20, and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 20.

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

Senators Burton of the 5th, Dean of the 31st and Garner of the 30th.

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

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.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 101:

A BILL
To be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the "Civil Practice Act," so as to change the

FRIDAY, FEBRUARY 22, 1985

1433

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 pro vide forms for judgment by default; to provide for related matters; to pro vide 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 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to judgments under the "Civil Practice Act," is amended by striking Code Section 9-11-55, relating to default judgments, and inserting in its place a new Code section to read as follows:
"9-11-55. (a) When a party against whom a judgment for affirma tive relief is sought has failed to plead or otherwise defend as provided by this chapter and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
(b) Judgment by default may be entered as follows:
(1) When the plaintiff's claim against a defendant is for a sum cer tain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount in the name of the court and costs against the defendant, if he has been defaulted for failure to appear and if he is not an infant or incompetent person; or
(2) In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a guardian or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he shall be served with written notice of the ap plication for judgment at least three days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper. If a defendant, though in default, has placed damages in issue by filing a pleading raising such issue, either party shall be entitled, upon demand, to a jury trial on the issue of damages.
(c) For good cause shown the court may set aside an entry of de fault and, if a judgment by default has been entered, may likewise set it aside in accordance with Code Section 9-11-60.
(d) The provisions of this Code section apply whether the party en titled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judg ment by default is subject to the limitations of subsection (c) of Code Section 9-11-54.
(e) Nothing in this Code section shall be construed to require the filing of any pleadings not required prior to this Code section."

1434

JOURNAL OF THE SENATE

Section 2. Said chapter is further amended by adding new Code Sec tions 9-11-133 and 9-11-134 to set out forms for default judgments and to read as follows:

"99-11-133.

IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA

A. B., Plaintiff

)

)

Civil action

)

File no. _____

v.

)

C. D.,

)

Defendant

)

JUDGMENT

This action being for a sum certain or for a sum which can by compu tation be made certain, the plaintiff having requested a default judgment and having presented an affidavit of the amount due, and the defendant not being an infant or incompetent person and having been defaulted for failure to appear,
It is Ordered and Adjudged That the plaintiff A. B. recover of the defendant C. D. the sum of $_______, with interest thereon at the rate of _ percent as provided by law, and his costs of action. Dated at _________, Georgia, this _________ day of ______________, 19_.

Clerk

99-11-134.

IN THE ________ COURT OF ______ COUNTY STATE OF GEORGIA

A. B., Plaintiff

)

)

Civil action

)

File no. _____

C. D.,

)

Defendant

)

JUDGMENT

The defendant in this action being in default and all issues as to dam ages having been determined (by the court) (by the jury),

FRIDAY, FEBRUARY 22, 1985

1435

It is Ordered and Adjudged (That the plaintiff A. B. recover of the defendant C. D. the sum of
_, with interest thereon at the rate of _ percent as provided by law, and his costs of action.)
or (That the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of
action.) Dated at _________, Georgia, this _________ day of
______________, 19_.

Judge"
Section 3. This Act shall become effective July 1, 1985, and shall ap ply to actions pending on that date and actions commenced thereafter.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert 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 Harrison Hine 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 Walker

1436

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused) Burton Coleman (excused)

Holloway Hudgins Timmons

Turner (excused) 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.

Senator Huggins of the 53rd introduced the doctor of the day, Dr. Garland Kinard, of Rossville, Georgia.

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

SB 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.

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

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 Brantley Broun of 46th Coverdell Engram

Fincher Garner Harrison Holloway Hudgins Kidd Land

McGill Phillips Scott of 2nd Starr Tate Tolleson

Those voting in the negative were Senators:

Barker Bond Bowen Brannon Brown of 47th Bryant Burton Cobb

Dawkins Deal Dean English Foster Gillis Greene Harris

Hine Horton Howard Huggins Kennedy Langford McKenzie Peevy

FRIDAY, FEBRUARY 22, 1985

1437

Perry Ray Reddish

Scott of 36th Stumbaugh Timmons

Trulock Walker

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Turner (excused)

Tysinger

On the passage of the bill, the yeas were 20, nays 32.

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

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.

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

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
nBBrroowunn oofff A446I7tthuh Bryant Burton Cobb
Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris
HHHoinlleoway Horton Howard Hudgins
Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry phmi ^
SR,,cdot.it.sohf,. 2- nd, Scott of 36th Starr Stumbaugh
Tate Tolleson Trulock Walker

1438

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Garner Timmons

Turner (excused) Tysinger

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

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

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 su perintendents shall be appointed by their respective boards of education; to revise the provisions relating to changes in school boards and superintend ents; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V of the Constitution is amended by striking Paragraph II in its entirety and inserting in lieu thereof a new Para graph II to read as follows:
"Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law; provided, however, that a school system which has appointed members on January 1, 1987, shall have until January 1, 1989, to provide for the election of members to the board of education. School board members shall reside within the terri tory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law."
Section 2. Said Article VIII, Section V of the Constitution is further amended by striking Paragraph III in its entirety and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph HI. School superintendents. There shall be a school su perintendent of each system who shall be appointed by the board of edu cation and who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by gen eral law; provided, however, that any school superintendent who is serv ing or is to begin serving an elected term of office on January 1, 1987, Siall be authorized to serve the remainder of his term of office."
Section 3. Said Article VIII, Section V of the Constitution is further

FRIDAY, FEBRUARY 22, 1985

1439

amended by striking Paragraph IV in its entirety and inserting a new Para graph IV to read as follows:
"Paragraph IV. Changes in school boards, (a) The composition of school boards, the term of office, and the methods of electing board mem bers including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected or which provides for the initial election of members of a board of education who were previously appointed by the grand jury to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so."
Section 4. 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 members of boards of education shall be elected and school superintendents shall be appointed by their respec tive boards of education?"

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

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

Senators Baldwin of the 29th and Kidd of the 25th offered the following substitute to SR 37:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that members of county boards of education shall be elected; to provide that county and independent school superintendents shall be appointed by their respective boards of education; to revise the provisions relating to changes in county school boards and superintendents; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V of the Constitution is amended by

1440

JOURNAL OF THE SENATE

striking Paragraph II in its entirety and inserting in lieu thereof a new Para graph II to read as follows:
"Paragraph II. Boards of education, (a) Each independent school system shall be under the management and control of a board of educa tion, the members of which shall be elected or appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional quali fications as may be provided by law.
(b) Each county school system shall be under the management and control of a county board of education, the members of which shall be elected as provided by law; provided, however, that a county school sys tem which has appointed members on January 1, 1987, shall have until January 1, 1989, to provide for the election of members to the county board of education. School board members shall reside within the terri tory embraced by the county school system and shall have such compen sation and additional qualifications as may be provided by law."
Section 2. Said Article VIII, Section V of the Constitution is further amended by striking Paragraph III in its entirety and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph HI. School superintendents. There shall be a school su perintendent of each independent or county system who shall be ap pointed by the board of education and who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law; provided, however, that any school superintendent who is serving or is to begin serving an elected term of office on January 1, 1987, shall be authorized to serve the remainder of his term of office."
Section 3. Said Article VIII, Section V of the Constitution is further amended by striking Paragraph IV in its entirety and inserting a new Para graph IV to read as follows:
"Paragraph IV. Changes in school boards and superintendent, (a) (1) The composition of independent school boards, the term of office, and the methods of selecting board members and school superintendents, in cluding whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be con ditioned on the approval of the voters as herein required.
(2) The composition of county school boards, the term of office, and the methods of electing board members, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, con ditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local county board of education are elected or which provides for the initial

FRIDAY, FEBRUARY 22, 1985

1441

election of members of a county board of education who were previously appointed by the grand jury to be conditioned on the approval of the voters as herein required.

(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so."

Section 4. 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 members of county boards of education shall be elected and county and independent school superintendents shall be appointed by their respective boards of education?"

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

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

Senator Cobb of the 28th moved that SR 37 be committed to the Senate Commit tee on Education.

Senator Garner of the 30th moved the previous question.

The President ruled that the motion offered by Senator Garner of the 30th takes precedence.

On the motion offered by Senator Garner of the 30th, the yeas were 40, nays 0; the motion prevailed, and the previous question was ordered.

On the adoption of the substitute, the yeas were 30, nays 18, and the substitute was adopted.

Senator Trulock of the 10th moved that SR 37 be placed on the Table.

On the motion, Senator Kennedy of the 4th called for the yeas and nays; the call was sustained, and the vote was as follows:

1442

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Barnes Bond Brantley Brown of 47th Burton Coverdell Engram Foster Greene

Harrison Hine Horton Howard Hudgins Kidd Land Langford Peevy

Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Bowen Brannon Broun of 46th Bryant Cobb Dawkins

Deal Dean English Garner Gillis Harris Holloway Huggins

Kennedy McGill McKenzie Perry Ray Reddish Timmons Tolleson

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Fincher Turner (excused)

Tysinger

On the motion, the yeas were 26, nays 25; the motion prevailed and SR 37 was placed on the Table.

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.

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 Baldwin Barker

Barnes Bond Bowen

Brannon Brantley Brown of 47th

FRIDAY, FEBRUARY 22, 1985

1443

Bryant Burton Cobb Dawkins Deal Dean English Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land McGill Peevy

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

Those not voting were Senators:

Allgood (excused) Broun of 46th Coleman (excused) Coverdell

Fincher Horton Langford McKenzie

Stumbaugh Timmons Turner (excused) Tysinger

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

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

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.

Senator McGill of the 24th offered the following amendment:

Amend SR 154 by striking from lines 13 and 14 of Page 1 the following:
"farm organizations such as the Farm Bureau",
and inserting in its place the following:
"many farm organizations".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

1444

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Engram Foster Garner Gillis Greene Harris 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 Tolleson Trulock Walker

Those not voting were Senators:

Allgood (excused) Cobb Coleman (excused) Coverdell

Fincher Harrison Langford

Timmons Turner (excused) Tysinger

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

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

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

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.

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

FRIDAY, FEBRUARY 22, 1985

1445

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 Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harrison Mine Holloway Howard Hudgins Huggins

Kidd Land Langford McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson

Those not voting were Senators:

Allgood (excused) Cobb Coleman (excused) Coverdell Fincher Harris

Horton Kennedy (presiding) McKenzie Ray Starr

Timmons Trulock Turner (excused) Tysinger Walker

On the adoption of the resolution, the yeas were 40, nays 0.

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

Senator Harrison of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in defeating the following bill of the Senate:

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.

The President resumed the Chair.

1446

JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Holloway of the 12th.

Senator Holloway of the 12th offered the following substitute to HB 463:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines and dessert wines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 34-60, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $1.40 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 50 per liter and on all alco hol manufactured in this state from Georgia-grown products, a tax of 10i per liter, and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state and on the manufacture of all distilled spirits manufactured in this state, a tax of $1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On the importation of all alcohol imported into this state and on the manufacture of all alcohol manufactured in this state, a tax of $1.40

FRIDAY, FEBRUARY 22, 1985

1447

per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:
(1) On table wine produced within the state from at least 40 per cent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 40$ per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(4) On dessert wines produced within the state wholly from fruits and berries grown within the state to which wine spirits produced outside the state have been added, 67$ per liter and a proportionate tax at the same rate on all fractional parts of a liter; and
(5) On dessert wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 67$ per liter and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-6-50 to read as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:
(1) On table wine, a tax of 40$ per liter, and a proportionate tax on all fractional parts of a liter;
(2) On dessert wines 67$ per liter, and a proportionate tax at the same rate on all fractional parts of a liter."

1448

JOURNAL OF THE SENATE

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Deal of the 49th and Peevy of the 48th offered the following amendment:

Amend HB 463 by adding after the semicolon on line 8 of Page 1 the following:
"to change the rates of taxation;".
By adding after the first semicolon on line 13 of Page 1 the following:
"to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to prevention of alcoholism and treatment of al coholics and intoxicated persons, so as to provide for automatic and con tinuing appropriation for the purposes of said chapter of a certain portion of the state's alcoholic beverage tax receipts and so as to provide for the putting into effect of said chapter; to provide for all related matters;".
By striking the figure "500" on line 15 of Page 2 and inserting in its place the figure "630".
By striking the figure "700" on line 17 of Page 2 and inserting in its place the figure "880".
By striking the figure "500" on line 23 of Page 2 and inserting in its place the figure "630".
By striking the figure "700" on line 26 of Page 2 and inserting in its place the figure "880".
By striking Section 2 in its entirety, renumbering Section 3 as Section 4, and inserting new Sections 2 and 3 to read as follows:
"Section 2. Chapter 8 of Title 37 of the Official Code of Georgia An notated, relating to prevention of alcoholism and treatment of alcoholics and intoxicated persons, is amended by striking Article 4 which reads as follows:
'ARTICLE 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1985; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated.',
and inserting in its place a new Article 4 to read as follows:
'ARTICLE 4
37-8-70. (a) Pursuant to the authority of Article III, Section IX, Paragraph VI (e) of the Constitution, an amount equal to 20 percent of all money derived from distilled spirits taxes in each fiscal year is appro-

FRIDAY, FEBRUARY 22, 1985

1449

priated for the following fiscal year for the purposes of this chapter. Said sum is appropriated for, and shall be available for, the purposes of this chapter, regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act. This continuing and automatic appropriation of said sum shall not, however, preclude the General Assembly from ap propriating for purposes of this chapter an amount greater than the sum specified above.
(b) The alcoholic beverage taxes of which a portion is continually and automatically appropriated by this Code section shall consist of the state excise and import taxes on distilled spirits imposed by Code Section 3-4-60.
(c) This Code section shall apply to alcoholic beverage taxes col lected in the fiscal year beginning July 1, 1985, and in each fiscal year thereafter. The first automatic and continuing appropriation under this Code section shall be for the fiscal year beginning July 1, 1986; and such automatic and continuing appropriation shall thereafter be made for each following fiscal year.
37-8-71. To the extent that sufficient funds are available, Articles 1, 2, and 3 of this chapter shall become effective July 1, 1986. In the event that sufficient funds are not available July 1, 1986, for implementation of this chapter on a state-wide basis, the Board of Human Resources shall provide for implementation of Articles 1, 2, and 3 of this chapter in such areas of the state as funds are available for; and the board shall thereaf ter provide for implementation of Articles 1, 2, and 3 of this chapter in additional areas of the state as additional funds become available.'
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval."

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 Baldwin Barker Brannon BBruorwtonn of 47th
Dawkins Deal
Engram

Fincher Foster Greene Harrison HHoorwtoanrd
Huggins Land
Peevy

Phillips Ray Reddish Starr S,, tumb, augh,
Tate Tolleson
Trulock

1450

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Bond
BRorawnetnleyf A**
Rant Cobb
Dean
English

Garner Gillis
HHianreris
Hollowa y Hudgins
Kennedy
Kidd

Langford McGill
MPecrKryenzie
Scott of 2nd Scott of 36th
Timmons
Walker

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Coverdell Turner (excused)

Tysinger

On the adoption of the amendment, the yeas were 26, nays 25, and the amend ment was adopted.

Senator Holloway of the 12th moved that the Senate reconsider its action in adopting the amendment offered by Senators Deal of the 49th and Peevy of the 48th.

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

Those voting in the affirmative were Senators:

Albert Barnes Bond Bowen
Brraonutnleoy,f 4^6thu CBorybabnt Dean English Engram

Fincher Garner Gillis Harris
5H"o}llfoway KHeundngeindsy Kidd Langford McGill

McKenzie Perry Ray Scott of 2nd
SQcott of 36th ~Sttuarmr b, augh Timmons Trulock Walker

Those voting in the negative were Senators:

Baldwin Barker Brannon BBruorwtonn of 47th
Dawkins
Deal

Foster Greene Harrison ,,Horton
Howard
Huggins

Land Peevy Phillips nRed,d,i:s,h
Tate
Tolleson

FRIDAY, FEBRUARY 22, 1985

1451

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Coverdell Turner (excused)

Tysinger

On the motion, the yeas were 32, nays 19; the motion prevailed, and the amend
ment offered by Senators Deal of the 49th and Peevy of the 48th to HB 463 was reconsidered.

On the adoption of the amendment offered by Senators Deal of the 49th and Peevy of the 48th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Brannon Brantley Brown of 47th Burton Dawkins Deal

Engram Fincher Foster Greene Harrison Horton Howard Huggins Land

Peevy Phillips Ray Reddish Starr Stumbaugh Tate Tolleson Trulock

Those voting in the negative were Senators:

Barnes Bond Bowen Broun of 46th Bryant Cobb Dean English

Garner Gillis Harris Hine Holloway Hudgins Kennedy Kidd

Langford McGill
McKenzie Perry Scott of 2nd
Scott of 36th Timmons Walker

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Coverdell Turner (excused)

Tysinger

On the adoption of the amendment, the yeas were 27, nays 24, and the amend ment was adopted.

1452

JOURNAL OF THE SENATE

Senators Deal of the 49th and Peevy of the 48th offered the following amendment:

Amend the substitute to HB 463 offered by Senator Holloway of the 12th by adding after the semicolon on line 4 of Page 1 the following:
"to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to prevention of alcoholism and treatment of al coholics and intoxicated persons, so as to provide for automatic and con tinuing appropriation for the purposes of said chapter of a certain portion of the state's alcoholic beverage tax receipts and so as to provide for the putting into effect of said chapter; to provide for all related matters;".
By striking the figure "$ 1.00" on line 8 of Page 2 and inserting in its place the figure "$1.20".
By striking the figure "$1.40" on line 14 of Page 2 and inserting in its place the figure "$1.68".
By striking the figure "40<f" on line 4 of Page 4 and inserting in its place the figure "48".
By striking the figure "67$" on line 7 of Page 4 and inserting in its place the figure "80#".
By striking Section 3 in its entirety, renumbering Section 4 as Section 5, and inserting new Sections 3 and 4 to read as follows:
"Section 3. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to prevention of alcoholism and treatment of al coholics and intoxicated persons, is amended by striking Article 4 which reads as follows:
'ARTICLE 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1985; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated.',
and inserting in its place a new Article 4 to read as follows:
'ARTICLE 4
37-8-70. (a) Pursuant to the authority of Article III, Section IX, Paragraph VI (e) of the Constitution, an amount equal to 17 percent of all money derived from certain alcoholic beverage taxes in each fiscal year is appropriated for the following fiscal year for the purposes of this chapter. Said sum is appropriated for, and shall be available for, the pur poses of this chapter, regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act. This continuing and automatic appro priation of said sum shall not, however, preclude the General Assembly from appropriating for purposes of this chapter an amount greater than the sum specified above.
(b) The alcoholic beverage taxes of which a portion is continually

FRIDAY, FEBRUARY 22, 1985

1453

and automatically appropriated by this Code section shall consist of the following:
(1) The state tax on distilled spirits imposed by Code Section 3-460; and
(2) The state tax on wines imposed by Code Section 3-6-50.
(c) This Code section shall apply to alcoholic beverage taxes col lected in the fiscal year beginning July 1, 1985, and in each fiscal year thereafter. The first automatic and continuing appropriation under this Code section shall be for the fiscal year beginning July 1, 1986; and such automatic and continuing appropriation shall thereafter be made for each following fiscal year.
37-8-71. To the extent that sufficient funds are available, Articles 1, 2, and 3 of this chapter shall become effective July 1, 1986. In the event that sufficient funds are not available July 1, 1986, for implementation of this chapter on a state-wide basis, the Board of Human Resources shall provide for implementation of Articles 1, 2, and 3 of this chapter in such areas of the state as funds are available for; and the board shall thereaf ter provide for implementation of Articles 1, 2, and 3 of this chapter in additional areas of the state as additional funds become available.'
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval."

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 Brannon Brantley Brown of 47th Burton Dawkins Deal

Engram Fincher Foster Greene Harrison Horton Howard Huggins Land

Peevy Phillips Ray Reddish Starr Stumbaugh Tate Tolleson Trulock

Those voting in the negative were Senators:

Barnes Bond Bowen Broun of 46th Bryant Cobb

Dean English Garner Gillis Harris Hine

Holloway Hudgins Kennedy Kidd Langford McGill

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McKenzie Perry

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th

Timmons Walker

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Coverdell Turner (excused)

Tysinger

On the adoption of the amendment, the yeas were 27, nays 24, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 41, nays 1, and the substitute was adopted as amended.

Senator Holloway of the 12th moved that HB 463 be placed on the Table.

On the motion, 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:

Barnes Bond Bowen Broun of 46th Bryant Cobb Dean English Fincher Garner

Gillis Harris Hine Holloway Hudgins Kennedy Kidd Langford McGill

Those voting in the negative were Senators:

McKenzie Perry Ray Scott of 2nd Scott of 36th Starr Timmons Trulock Walker

Albert Baldwin Barker Brannon Brantley Brown of 47th Burton Dawkins

Deal Engram Foster Greene Harrison Horton Howard Huggins

Land Peevy Phillips Reddish Stumbaugh Tate Tolleson

FRIDAY, FEBRUARY 22, 1985

1455

Those not voting were Senators:

Allgood (excused) Coleman (excused)

Coverdell Turner (excused)

Tysinger

On the motion, the yeas were 28, nays 23; the motion prevailed, and HB 463 was placed on the Table.

The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to SR 169, adopted previously, until 10:00 o'clock A.M. on Monday, February 25.

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Senate Chamber, Atlanta, Georgia Monday, February 25, 1985
Thirty-second Legislative Day

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

Senator Barker of the 18th reported that the Journal of the proceedings of Friday, February 22, had been read and found correct.

Senator Garner of the 30th moved that the Senate reconsider its action of Friday, February 22, in defeating the following bill of the Senate:

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.

On the motion, the yeas were 16, nays 13; the motion prevailed, and SB 201 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 70. By Representative Robinson of the 58th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Offi cial Code of Georgia Annotated, relating to equipment generally of mo tor vehicles, so as to provide that any passenger car or pickup truck tow ing a trailer of any kind shall secure such trailer to such car or pickup truck by chains in addition to a towing hitch.

MONDAY, FEBRUARY 25, 1985

1457

HB 165. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions rela tive to the state official who serves as a member of the board.

HB 507. By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "pri vate carrier"; to provide that certain motor vehicles which transport haz ardous materials shall be subject to certain safety regulations promul gated by the Public Service Commission.

HB 643. By Representative Adams of the 36th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted.

HB 683. By Representatives Cheeks of the 89th, Burruss of the 20th, Thompson of the 20th and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that aborted human fetuses be disposed of in a dignified and sanitary manner.

HB 709. By Representative Galer of the 97th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to change the provisions relative to the definition of a proprietary school; to change the provisions relative to exemptions from the "Georgia Proprietary School Act."

HB 919. By Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund.

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

HR 174.

By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th and others:
A resolution designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge.

HR 199.

By Representatives Thomas of the 69th, Walker of the 115th, Copelan of the 106th and others:
A resolution providing for the erection of a historical marker at the site of the Toombs Oak on the campus of the University of Georgia.

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

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

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.

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

HB 881.

By Representative Smith of the 152nd:
A bill to amend an Act providing for the election of the board of educa tion of Bacon County, so as to provide for the nonpartisan election of the chairman and five other members of the board.

MONDAY, FEBRUARY 25, 1985

1459

HB 893.

By Representatives Clark of the 13th and Milford of the 13th:
A bill to create and incorporate the City of Royston in the Counties of Franklin, Hart and Madison and grant a new charter to that municipal ity under such corporate name and style.

HB 894.

By Representatives Clark of the 13th, Yeargin of the 14th and Milford 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 which relates to the cre ation, powers, authority, funds, purposes, and procedures of the Madison County Industrial Development and Building Authority.

HB 895.

By Representatives Clark of the 13th, Yeargin of the 14th and Milford 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 which relates to the elec tion, qualifications, and terms of office of members of the Board of Edu cation of Madison County.

HB 896.

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 the mayor and members of the council.

HB 897.

By Representative Clark of the 13th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, the tax com missioner, and the coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the compensation of the clerk of the superior court, the judge of the probate court, and the tax commissioner.

HB 898.

By Representative Clark of the 13th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County, known as the fee system, and providing in lieu thereof annual salaries for said officer, so as to change the compensa tion of the sheriff.

HB 899.

By Representative Clark of the 13th:
A bill to provide for the membership of the Madison County Industrial Development and Building Authority.

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JOURNAL OF THE SENATE

HB 900.

By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to provide for comprehensive revision of the provisions relating to such court to conform such provisions to the Constitution and laws of this state; to provide for jurisdiction, powers, and authority; to provide for judges, solicitors, and other officers.

HB 901.

By Representative Parrish of the 109th:
A bill to provide that the tax commissioner of Candler County shall re tain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Candler County to re imburse the county for the cost of collecting school taxes.

HB 902.

By Representative Parrish of the 109th:
A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the ap pointment of the chief magistrate and magistrate by the Board of Com missioners of Candler County.

HB 903.

By Representatives Yeargin of the 14th and Clark of the 13th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for salaries and expenses of the chairman and board members; to provide for a car or truck for the chairman and the foreman of public works.

HB 905.

By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, so as to change the name of the recorder's court to the municipal court; to change the title of the recorder to municipal court judge.

HB 909.

By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to provide for a five-member board of commissioners.

HB 910.

By Representative Smith of the 152nd:
A bill to amend an Act approved April 12, 1982, providing for the com position and selection of the board of education of Pierce County, so as to provide that each member of the board of education shall be elected by the voters residing within the education district in which such member has offered as a candidate.

MONDAY, FEBRUARY 25, 1985

1461

HB 913.

By Representatives Thompson of the 20th, Lawler of the 20th, Wilson of the 20th and others:
A bill to amend an Act amending, revising, consolidating, and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of the city.

HB 920.

By Representative Chance of the 129th:
A bill to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Pembroke, in the County of Bryan, and any and all amendments thereto and relating thereto incorporating the City of Pembroke.

HB 921.

By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court.

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

SB 271. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the county of Glynn,' approved Feb ruary 21st, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned.", as amended, so as to fix the compensation of the members of the board of education of Glynn County.
Referred to Committee on Urban and County Affairs.

SR 186. By Senators Deal of the 49th and Foster of the 50th:
A resolution urging a careful reevaluation of proposed cutbacks in the budget of the Soil Conservation Service.
Referred to Committee on Natural Resources.

SR 187. By Senators Deal of the 49th, Burton of the 5th and Peevy of the 48th:
A resolution urging the Congress of the United States to strengthen fed eral laws pertaining to the packaging and transportation of hazardous materials and to provide a federal and state partnership role to enforce federal regulations promulgated under such laws.
Referred to Committee on Natural Resources.

SR 188.

By Senator Hudgins of the 15th:
A resolution urging the Division of Youth Services of the Department of Human Resources to call and convene a meeting of youth services de-

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JOURNAL OF THE SENATE

partments of the southern states to discuss possible ways to coordinate services for emotionally disturbed juveniles.
Referred to Committee on Human Resources.

SR 189. By Senators Barnes of the 33rd, Scott of the 2nd, Hudgins of the 15th and Kidd of the 25th:
A resolution urging the Supreme Court, through the Judicial Council of the State of Georgia and the Administrative Office of the Courts, to de velop and promulgate rules and regulations concerning the handling of court cases involving child abuse.
Referred to Committee on Judiciary and Constitutional Law.

SR 190. By Senator Fincher of the 54th:
A resolution expressing support for the resolution of certain issues re garding prisoners of war and missing in action in Southeast Asia. Referred to Committee on Defense and Veterans Affairs.

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

HB 70. By Representative Robinson of the 58th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Offi cial Code of Georgia Annotated, relating to equipment generally of mo tor vehicles, so as to provide that any passenger car or pickup truck tow ing a trailer of any kind shall secure such trailer to such car or pickup truck by chains in addition to a towing hitch.
Referred to Committee on Transportation.

HB 165. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to membership of the Board of Commissioner of the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions rela tive to the state official who serves as a member of the board.
Referred to Committee on Retirement.

HB 507. By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "pri vate carrier"; to provide that certain motor vehicles which transport haz ardous materials shall be subject to certain safety regulations promul gated by the Public Service Commission.
Referred to Committee on Natural Resources.

MONDAY, FEBRUARY 25, 1985

1463

HB 643. By Representative Adams of the 36th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted.
Referred to Committee on Governmental Operations.

HB 683. By Representatives Cheeks of the 89th, Burruss of the 20th, Thompson of the 20th and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that aborted human fetuses be disposed of in a dignified and sanitary manner.
Referred to Committee on Judiciary and Constitutional Law.

HB 709. By Representative Galer of the 97th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to change the provisions relative to the definition of a proprietary school; to change the provisions relative to exemptions from the "Georgia Proprietary School Act".
Referred to Committee on Education.

HB 919. By Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund.
Referred to Committee on Higher Education.

HR 174. By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th and others:
A resolution designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge.
Referred to Committee on Transportation.

HR 199. By Representatives Thomas of the 69th, Walker of the 115th, Copelan of the 106th and others:
A resolution providing for the erection of a historical marker at the site of the Toombs Oak on the campus of the University of Georgia.
Referred to Committee on Higher Education.

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HB 881. By Representative Smith of the 152nd:
A bill to amend an Act providing for the election of the board of educa tion of Bacon County, so as to provide for the nonpartisan election of the chairman and five other members of the board.
Referred to Committee on Urban and County Affairs.

HB 893. By Representatives Clark of the 13th and Milford of the 13th:
A bill to create and incorporate the City of Royston in the Counties of Franklin, Hart, and Madison and grant a new charter to that municipal ity under such corporate name and style.
Referred to Committee on Urban and County Affairs.

HB 894. By Representatives Clark of the 13th, Yeargin of the 14th and Milford 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 which relates to the cre ation, powers, authority, funds, purposes, and procedures of the Madison County Industrial Development and Building Authority.
Referred to Committee on Urban and County Affairs.

HB 895. By Representatives Clark of the 13th, Yeargin of the 14th and Milford 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 which relates to the elec tion, qualifications, and terms of office of members of the Board of Edu cation of Madison County.
Referred to Committee on Urban and County Affairs.

HB 896. 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 the mayor and members of the council.
Referred to Committee on Urban and County Affairs.

HB 897. By Representative Clark of the 13th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, the tax com missioner, and the coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, so as to change the compensation of the clerk of the superior court, the judge of the probate court, and the tax commissioner.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 25, 1985

1465

HB 898. By Representative Clark of the 13th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County, known as the fee system, and providing in lieu thereof annual salaries for said officer, so as to change the compensa tion of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 899. By Representative Clark of the 13th:
A bill to provide for the membership of the Madison County Industrial Development and Building Authority.
Referred to Committee on Urban and County Affairs.

HB 900. By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to provide for comprehensive revision of the provisions relating to such court to conform such provisions to the Constitution and laws of this state; to provide for jurisdiction, powers, and authority; to provide for judges, solicitors, and other officers.
Referred to Committee on Urban and County Affairs.

HB 901. By Representative Parrish of the 109th:
A bill to provide that the tax commissioner of Candler County shall re tain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Candler County to re imburse the county for the cost of collecting school taxes.
Referred to Committee on Urban and County Affairs.

HB 902. By Representative Parrish of the 109th:
A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the ap pointment of the chief magistrate and magistrate by the Board of Com missioners of Candler County.
Referred to Committee on Urban and County Affairs.

HB 903. By Representatives Yeargin of the 14th and Clark of the 13th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for salaries and expenses of the chairman and board members; to provide for a car or truck for the chairman and the foreman of public works.
Referred to Committee on Urban and County Affairs.

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HB 905. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, so as to change the name of the recorder's court to the municipal court; to change the title of the recorder to municipal court judge.
Referred to Committee on Urban and County Affairs.

HB 909. By Representative Smith of the 152nd:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to provide for a five-member board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 910. By Representative Smith of the 152nd:
A bill to amend an Act approved April 12, 1982, providing for the com position and selection of the board of education of Pierce County, so as to provide that each member of the board of education shall be elected by the voters residing within the education district in which such member has offered as a candidate.
Referred to Committee on Urban and County Affairs.

HB 913. By Representatives Thompson of the 20th, Lawler of the 20th, Wilson of the 20th and others:
A bill to amend an Act amending, revising, consolidating, and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 920. By Representative Chance of the 129th:
A bill to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Pembroke, in the County of Bryan, and any and all amendments thereto and relating thereto incorporating the City of Pembroke.
Referred to Committee on Urban and County Affairs.

HB 921. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and the solicitor of said court.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 25, 1985

1467

The following report of a standing committee was read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 281. Do pass by substitute. Respectfully submitted, Senator Hudgins of the 15th District, Chairman

The following communication from Senator Turner of the 8th, Chairman of the Senate Committee on Urban and County Affairs, was read by the Secretary:

The State Senate Atlanta
February 21, 1985
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
This is to advise you that I will be absent from the Senate on Friday, Feb. 22, 1985, while having a minor surgical procedure.
In my absence, I hereby authorize the Vice Chairman of the Urban and County Affairs Committee, Senator W. F. "Billy" Harris, to hold such meetings as may be necessary to conduct the business of the Senate.
I hope to be able to return to my duties early next week, and I appreci ate your cooperation in this matter.
Sincerely yours,
/s/ Loyce Turner

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

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 270. Do pass. HB 604. Do pass.

HB 781. Do pass. HB 791. Do pass.

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HB 798. HB 817. HB 838. HB 839.

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

HB 843. Do pass. HB 844. Do pass. HB 853. Do pass. Respectfully submitted, Senator Harris of the 27th District, Vice Chairman

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

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.

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.

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.

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.

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

MONDAY, FEBRUARY 25, 1985

1469

weapon to enter upon the lands or premises of another or to enter into certain personal property of another for unlawful purposes.

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.

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.

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.

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.

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.

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

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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.

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.

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 of dishonor shall be given in situations involving checks returned because no account existed at the time of issuance.

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.

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.

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.

MONDAY, FEBRUARY 25, 1985

1471

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.

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.

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 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.

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.

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.

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

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JOURNAL OF THE SENATE

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 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 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.

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 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 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-

MONDAY, FEBRUARY 25, 1985

1473

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 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.

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

Albert Allgood Baldwin Barker Barnes
^Brraannttnl,oeyn Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean
English Engram Fincher Foster Garner Gilhs
SHa'6r6ri"s6 Hine Holloway Hudgins Muggins Kennedy Kidd Land Langford

McGill
McKenzie Peevy Perry Ray Reddish Scott Qf 2nd
S,,cott of 36th ^,tarr rate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Coleman (excused) Harrison

Horton Howard

Phillips Stumbaugh

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JOURNAL OF THE SENATE

Senator Garner of the 30th introduced the chaplain of the day, Reverend R. C. Watson, pastor of Sunset Hills Baptist Church, Douglasville, 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 191. By Senator Brown of the 47th: A resolution commending Ms. lola Stone.

SR 194. By Senator Timmons of the llth: A resolution recognizing and commending Honorable J. Dan White.

SR 195. By Senator Ray of the 19th: A resolution commending the Jeff Davis High School Drama Team.

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, with the exception of HB 766 and HB 773 which were removed from the Calendar at the request of Senator Horton of the 17th:

SENATE LOCAL CONSENT CALENDAR
Monday, February 25, 1985
THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 731

Gillis, 20th Montgomery County
Continues amendment which was proposed by Resolution Act. No. 76 of the 1966 General Assembly and which relates to creation of Montgomery County Development Authority and powers and administration of the au thority.

MONDAY, FEBRUARY 25, 1985

1475

HB 766 (Removed)

Horton, 17th Henry County
Amends Act authorizing Board of Commissioners to assess and collect license fees upon certain business activities conducted within said county; provides authority for an excise tax on racetracks and activities at race tracks located within the unincorporated area of said county.

HB 767 Horton, 17th Henry County
Continues amendment which relates to creation of Henry County Devel opment Authority.

HB 768

Horton, 17th Henry County
Continues amendment which related to election, terms of office, and compensation of Board of Education.

HB 769 Horton, 17th Henry County
Amends Act creating Henry County Water and Sewerage Authority; changes provisions relating to authority members holding other public offices.

HB 770 Horton, 17th Henry County
Continues amendment which relates to authorizing county to incur an additional bonded indebtedness for water and sewerage purposes and evi dence same by the issuance of general obligation bonds in an amount not to exceed 7 percent of all property within county subject to taxation for bond purposes.

HB 771

Horton, 17th Henry County
Continues amendment which relates to authorizing governing authority of said county or of municipalities therein to provide for exemption from all ad valorem taxation of tangible personal property stored for or in transit to a destination outside the state.

HB 772 Horton, 17th Henry County
Continues amendment which relates to authorizing the governing author ity of said county to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage pur poses and to guarantee payment of revenue bonds issued by the county and the Henry County Water Authority.

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HB 773 (Removed)

Horton, 17th Henry County
To provide for nonpartisan nomination and election of judge of probate court of Henry County.

HB 774 Horton, 17th Henry County
Amends Act providing for board of commissioners; requires board to have published monthly financial statements and a yearly audit state ment.

HB 809 Barker, 18th City of Warner Robins Houston County
Amends Act providing new charter for City of Warner Robins in Hous ton County; changes provisions relating to penalties which can be im posed by the municipal court against persons who violate laws or ordi nances.

*HB 827

Timmons, llth City of Donalsonville Seminole County
Amends Act reincorporating City; changes composition of the council. (AMENDMENT)

HB 836 McKenzie, 14th Lee County
Amends Act creating board of commissioners; recreates board of com missioners of Lee County.

The amendment to the following bill was put upon its adoption:

*HB 827:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 827 by striking from Section 2 on line 9 of Page 3 the words "Seminole County" and inserting in lieu thereof the words "the City of Donalsonville".

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

MONDAY, FEBRUARY 25, 1985

1477

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

Dean Engram Foster Garner Gillis Greene Harris Mine Horton Howard Huggins Kennedy Kidd Land McGill McKenzie

Those not voting were Senators:

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

Bowen Coleman (excused) English

Fincher Harrison Holloway

Hudgins Langford Phillips

On the passage of all the local bills, the yeas were 47, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 827 (HB 766 and HB 773 having been removed at the Senator's request), having received the requisite constitutional majority, were passed.

HB 827, having received the requisite constitutional majority, was passed as amended.

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SENATE RULES CALENDAR
Monday, February 25, 1985
THIRTY-SECOND LEGISLATIVE DAY
SB 33 Driving Under the Influence--may plead nolo contendere without at torney (Judy--25th)
SB 122 Driving Under the Influence--bail after faculties no longer impaired (SUBSTITUTE) (Judy--49th)
SB 144 Insurers--may invest in securities issued by African Development Bank (B&F--39th)
SB 183 Superior Courts--term at which appeals shall be tried (SUBSTI TUTE) (J&CL--6th)
SB 203 Juvenile Justice Commission--create (Judy--49th)
SB 224 Retirement, Pension Systems--restrictions on persons convicted of certain crimes (SUBSTITUTE) (Ret--llth)
SB 249 Probate Courts--judges appoint chief clerks (Gov Op--54th)
SB 257 Insurance Code--reserves for accident, sickness policies (Ins--26th)
SB 262 Bond Proceeds--may be invested in certificates of deposit (B&F--15th)
SR 176 Georgia Medal of Honor--authorize Defense Department and Veter ans Services to design (D&VA--3rd)
HB 358 Correctional Industries Administration--participate in self-insurance program (Ins--22nd)
HB 273 Relief from Family Violence--penalties for violating certain court orders (J&CL--26th)
HB 81 Group Life Insurance--extend term debtor eligible for indebtedness (SUBSTITUTE) (Ins--37th)
HB 235 Sesquicentennial Founding of Emory--special license plates to com memorate (Trans--42nd)
HB 5 Mentally 111, Retarded, Alcoholic, Drug Dependent--transfer to state facility (Hum R--42nd)
HB 43 Prestige, Special License Plates--change fee (B&F--13th)
HB 471 Building Authority--operate railroad excursions between certain places (ED&T--4th)
HB 14 Juvenile--if tried as adult not subject to Division of Youth Services (AMENDMENT) (C&Y--35th)
HB 130 Abandoned Motor Vehicle--change certain procedures on lien fore closure (Trans--44th)
HB 172 Georgia Rail Passenger Authority Law--enact (Trans--33rd)
HB 159 Death Penalty--court fix 7 day period of time to carry out (Judy--33rd)

MONDAY, FEBRUARY 25, 1985

1479

HR 112 Dalton--conveyance of certain state-owned property (Pub U--54th)
HB 343 Probate Court Judges--minimum salaries (AMENDMENT) (Gov Op--25th)
HB 622 Medical Student Loans--amount determined by Medical Education Board (H Ed--54th)
HB 635 Cherokee Judicial Circuit Superior Court Judges--supplementary compensation (Judy--52nd)
HB 456 Health Care Benefit Providers--jurisdiction of certain ones (AMENDMENTS) (Ins--55th)
HR 154 Roadside Vendors--urge city, county governing authorities to regu late (U&CA G--43rd)
HB 684 Certain State Representative Districts--change composition (Gov Op--25th)
HB 560 Insurers--fees for filing application for certificate of authority (Ins--48th)
HB 369 Day-Care Homes, Centers--subject to Safety Fire Commissioner regulations (C&Y--23rd)
HB 368 Landmark Museum Buildings--change safety requirements (ED&T--56th)
HB 645 Kidney Disease Advisory Committee--change membership (Hum R--42nd)
HB 88 Judicial Assistance from Other Courts--Governor may appoint in terim judge (Judy--33rd)
HB 542 Municipal Courts--costs for law libraries (SUBSTITUTE) (Judy--52nd)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

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

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.

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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 Bond 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 Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Barnes Bowen Coleman (excused) English

Fincher Harrison Hudgins

Kennedy (presiding) Phillips Tate

On the passage of the bill, the yeas were 46, nays 0.

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

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.

MONDAY, FEBRUARY 25, 1985

1481

The Senate Committee on Judiciary offered the following substitute to SB 122:

A BILL
To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses baila ble 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; to provide an exception; 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 persons before whom offenses bailable and bail in misde meanor cases, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(0 Notwithstanding any other provisions of this chapter, any per son who is arrested for a violation of subsection (a) of Code Section 40-6391, relating to driving under the influence of alcohol or drugs, shall not be released on his own recognizance and shall not be released on bail until the officers having custody of such person determine, exercising a sound discretion, that either:
(1) Such person is no longer under the influence of alcohol or drugs to an extent which poses a threat to that person, to the public, or to the public peace or safety; and in no event shall any such person be so re leased on bail until such time as the weight of alcohol in his blood, based upon grams of alcohol per 100 cubic centimeters of blood, has decreased below 0.05 percent;
(2) Such person can be transported from the place of custody by a vehicle operated by a person other than the person arrested, provided that the officers having custody of such person shall not be responsible to arrange such transportation and the person operating the motor vehicle shall have a driver's license and shall not be operating such vehicle in violation of any law; or
(3) Such person is a minor, in which case such person may be re leased into the custody of his parent or legal guardian after bail has been posted."
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.

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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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

Engram Foster Garner Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

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 Bowen Coleman (excused) English

Fincher Gillis Harrison

Kennedy (presiding) McKenzie Phillips

On the passage of the bill, the yeas were 46, nays 0.

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

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

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

MONDAY, FEBRUARY 25, 1985

1483

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 House substitute to SB 82 was as follows:

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 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.

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JOURNAL OF THE SENATE

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; 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 in public schools state wide which ensures that each student is provided ample op portunity 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 environment 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 competen cies in order 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 or der to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies 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;

MONDAY, FEBRUARY 25, 1985

1485

(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 educa tional 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 or der 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 ensure a literate and informed society
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 instruction, as defined in this article, designed to improve upon a stu dent's learning capacity. It is further declared that 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.
20-2-132. 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 Ba sic 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 reading, mathematics, or other subject test areas.
Part 2
20-2-140. The State Board of Education shall establish competen cies that each student is expected to master prior to completion of his public school education. The State Board of Education shall also estab lish competencies for which each student should be provided opportuni ties, at the discretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uniformly sequenced 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; al though 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 trien-

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JOURNAL OF THE SENATE

nial basis a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational in terests and the concerned public. After considering the findings and rec ommendations of the task force, the State Board of Education 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 and shall report such changes to local school systems and the General Assembly for re view and comment.
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:
(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 un less 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 in volved in consuming alcohol or certain drugs in connection with the oper ation 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 commissioner 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 but not less than once annually 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 alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(4) The Department of Public Safety shall issue a certificate of completion to each person completing the alcohol and drug course.

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1487

(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 Superin tendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
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 September 1 and all youth who have not yet received a high school di ploma 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 authority to determine the eligibility of students for enrollment in kindergarten and adult education programs of general, basic, and vo cational education. Each local unit of administration shall have the au thority to assign students who are married or unmarried, pregnant, or parents, or a combination thereof, to programs of instruction within its regular daytime educational program, provided that a local unit of ad ministration 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 occupational 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 kinder garten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized 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 at tained seven years of age.
20-2-151. (a) The primary purpose for the general and career edu-

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cation 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 uni formly sequenced core curriculum.
(b) The following general and career education programs are for purposes 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 enrolling students on a half-day basis will be funded at one-half the fund ing 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 one-half hours daily for a 180 day school year. For purposes of this Code section, the term 'half-day basis' means a student is provided class room instruction 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 program, a child must attain the age of five by September 1, except as otherwise 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 ad vanced skills and knowledge offered at the higher grade levels. For pur poses of funding under this article, the primary grades program shall in clude 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 become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educa tional career. 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 pursuant to Code Section 20-2-281. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness of those children enrolled in public kindergarten may be as sessed during the last 30 days of the school year if the state board so directs.
(3) It is the policy of this state that the primary purposes for the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from child hood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter

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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 continua tion 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, vo cational, and college preparatory classes;
(ii) The nonvocational high school laboratory program; and
(iii) The vocational laboratory program;
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared 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 Education 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 special educational needs shall also be eligible for special education services. Such children and youth are defined as those who have emo tional, physical, communicative, or intellectual deviations, or a combina tion thereof, to the degree that there is interference with school achieve ments or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. This shall include children who are intellectually gifted, mentally handi capped, behavior disordered, hospitalized or home bound, handicapped by a specific learning disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually impaired, severely emotion ally 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 education 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 itin erant personnel. Such classification criteria and assignments for pupilteacher ratios based upon each classified exceptionality shall be reported to the General Assembly prior to the setting of the cost per pupil as reflected in the weight value, and any subsequent changes in such ratios shall be subject to approval by the General Assembly.
(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 employ-

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ing such professional workers as are needed by these students or by en tering into a contract with other school systems, regional educational ser vice agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfea sible or impractical to provide needed educational services through pro grams offered by local school systems. The State Board of Education may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
(A) Providing grants directly to regional educational service agen cies 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 private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related ser vices of the child must be provided by professionals, such as teachers, speech therapists, and occupational therapists who meet the certification or licensing standards of their profession in the state in which the institu tion is located;
(C) Authorizing local units of administration to contract with suita ble public agencies and departments, including institutions in which eligi ble 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 politi cal subdivisions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Acad emy for the Blind, the Atlanta Area School for the Deaf, and other spe cial schools as approved by the General Assembly.
(2) The State Board of Education may promulgate rules, regula tions, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly 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 funding 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

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(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 sub section, the term 'resourced' means the student is instructed by a certifi cated special education 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 education program. The State Board of Education shall declare to the General Assembly prior to the fiscal year 1987 appropriations considera tion, and annually thereafter, the pupil-teacher ratio for each special ed ucation program and shall request any subsequent changes in such ratios which affect cost to the General Assembly or to the local system.
20-2-153. The state board shall create a special instructional assis tance program for the purpose of assisting students who have identified developmental deficiencies which will result in problems in maintaining a level of performance consistent with the expectations for their respective ages. Only students enrolled in grades kindergarten through five who have documented developmental levels below expectations for their re spective ages that are not attributable to a discernible handicapping con dition and who are not enrolled in either the remedial compensatory edu cation program or any of the special education programs shall be eligible for the special instructional assistance program. The State Board of Edu cation shall specify the instruments and process which shall be used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guide lines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the State Board of Education. Each local school system shall annually report by grade level the number of eligible students, the types of services pro vided, and the average achievement of students served. The State Board of Education shall request funds for the special instructional assistance program for fiscal year 1988 and annually thereafter. The state board shall base grants, subject to appropriation by the General Assembly for this purpose, to local school systems upon the documented number of students needing such services. Funds, if any, appropriated for this pro gram shall be adjusted in a manner which directs funds toward address ing the needs of the youngest eligible students in each local school system.
20-2-154. The State Board of Education shall be authorized to cre ate a remedial compensatory education program. Only students in grades two through five who are achieving at or below the twenty-fifth percentile in reading or math, as documented by a nationally standardized normreferenced test by grade level, shall be eligible for the remedial program. The State Board of Education shall be authorized to approve use of state compensatory education funds to provide remediation to students in grades 10, 11, and 12 who have obtained unsatisfactory performance levels on the required basic skills test. The State Board of Education

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shall have the authority, upon special request from local boards of educa tion, to approve use of such state compensatory education funds to pro vide remedial instruction to students who have been identified by unsatis factory performance on the first grade readiness exam and who, as a result of such unsatisfactory performance, are thereby enrolled in the regular kindergarten program. The state board shall document that ap propriate grade level standardized norm-referenced tests were used in grades two through five in determining student eligibility for this pro gram. Local boards of education shall be required to submit postachievement test results by grade level, derived from such tests, to the State Board of Education for review by June 30 in the school year for which such funds were appropriated. If appropriate evaluation data is not re ceived by the State Board of Education by the above date, future alloca tions to such local boards under this program will be withheld. The State Department of Education shall monitor each local school district's com pensatory education program at least once each fiscal year and report the results to the State Board of Education within ten days following such review. The General Assembly shall annually appropriate the necessary state funds to assume 10 percent of each federal Chapter I consultant's salary to accomplish this requirement as set forth in this Code section. The State Board of Education shall submit, in writing, an annual assess ment of the state compensatory education program to the General As sembly for review in determining future appropriations under this Code section.
20-2-155. (a) The State Board of Education shall establish a state wide School Climate Management Program to help local students and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, adminis trator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in stu dent achievement scores, student and teacher morale, community sup port, and student and teacher attendance, while decreasing student sus pensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to pro vide the necessary on-site technical assistance to local schools and sys tems and to offer other assistance through regional and state-wide confer ences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The State Board of Educa tion shall produce model codes of behavior and discipline and shall pro duce guidelines for application and administration of such codes. Each local board of education may choose whether to adopt such codes and guidelines for the particular local school system. The results of this pro gram shall be annually presented to the General Assembly for review in determining future appropriation under this Code section.
(b) The state board is authorized to create an in-school suspension 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 pri-

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mary purposes of the in-school program are to isolate the offending stu dents from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjust ment problems. The in-school programs may be housed in the regular assigned schools, special schools specifically organized for suspension pro grams, or alternative schools, provided the suspended students are iso lated from typical school activities until they demonstrate sufficient ad justment to warrant their returning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eli gibility criteria necessary to guide the effective operation of state sup ported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon docu mented needs to operate in-school suspension programs. All costs for this program shall be presented to the General Assembly for funding with detailed justification for each item contributing to the cost prior to pro gram approval by the State Board of Education.
20-2-156. The State Board of Education shall create a program for limited English-speaking students. The purpose of this program is to as sist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant those funds approved for this purpose by the General Assembly to local school sys tems based upon documented needs to operate the programs. The state board shall prescribe such rules and regulations regarding eligibility cri teria and standards as may be needed to carry out the provisions of this Code section.
Part 4
20-2-160. (a) At three different times during the school year, pref erably late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as author ized under this article for each student shall be reported to the Depart ment of Education. 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 a student 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 recog nized under this article or by State Board of Education policy as an en richment course, a course which requires participation in an extracurric ular 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 placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared 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 stu dent competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indicated for a student for one or more sixths of the school day for which the student is not

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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 State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instruc tional programs. The State Board of Education shall also establish crite ria under which a student shall be counted as a resident or a nonresident student in specific circumstances which may include, but not be limited to, students attending another school system under court order or under the terms of a contract between two school systems. 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.
(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 instructional programs shall be compared. The General Assembly shall annually 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. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in the program weight for the middle grades program in Code Sections 202-182 through 20-2-186 and 20-2-251. In support of this Code section, the State Board of Education shall submit to the General Assembly a line-item format indicating all costs contributing to this base program. FTE counts shall be reported to the General Assembly for each program in each of the school systems upon which system allocations shall be de termined for fiscal year appropriations and midterm adjustments.
(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 follow ing program weights:

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(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 nonvocational 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 (12) Remedial compensatory education program

1.329 1.237 1.000 0.996 1.295
1.322 2.139 2.486
3.018
3.897
1.430 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 cal culations 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 respec tive program weight established in subsection (b) of this Code section;

(2) Multiply the product computed in paragraph (1) of this subsec tion 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. The State Board of Education shall submit to the General As sembly a total cost by instructional program as set forth in subsection (b) of this Code section for program adjustment by school system.

(d) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed be yond 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 20-2-214. The calculation 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 re moved, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program

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weights and recommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and 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 current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local system when recalcu lated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference be tween the recalculation and the initial calculation. The total amount of increased funding required by the midterm adjustment shall be requested of the General Assembly and shall demonstrate for each receiving system the average FTE count compared to the midterm average count for each program category system wide. This adjustment shall be computed for each program category in each school system. 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 for the current school year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program by the state board specified dates shall not be eligible for recal culation of their current year allotment.
20-2-163. If any local school system prior to January 1, 1985, has entered into a contract with an adjoining local school system to educate all of its students in one or more grade levels and if such contract stipu lates that an amount of local revenue be transferred between the local school systems for the purpose of providing financial support for the edu cation of the transferred students, the state shall provide a grant to the local school system in which the students reside which shall not exceed the amount of funds transferred pursuant to said contract during fiscal year 1985. This grant shall commence in the fiscal year 1987 school year or in any other year during which Code Sections 20-2-164 and 20-2-165 are implemented and shall continue in ensuing years for the duration of the contract period as specified in the contract on January 1, 1985. How ever, if the terms of the contract provide for a lesser amount to be trans ferred in fiscal year 1987 or in any ensuing year than was transferred in fiscal year 1985, the amount of the state grant shall be reduced to corre spond with the amount actually transferred during the same fiscal year that the grant is distributed.

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 Pro gram; provided, 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 subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:

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(1) Multiply the most recent equalized adjusted school property tax digest 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 sub section 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 this article; 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 for any grant program which explicitly excludes the application of local funds or which explicitly re quires an application of local funds other than from the local share.
(2) The local school system may apply revenues toward the local fair share from any source except funds derived from the federal govern ment 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) (1) The state auditor shall furnish to the State Board of Educa tion 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 as determined by the Department of Revenue, the product of the equalized adjusted school property tax digest furnished by the state auditor multiplied by the ratio that the most recent actual prop erty tax digest approved by the Department of Revenue bears to the ac tual property tax digest approved by the Department 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.
(d) Each municipality having an independent school system and each county government shall annually provide the Department of Reve nue 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 home stead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sec tions 48-5-47, 48-5-48, and 48-5-52;
(2) The total number of granted state-wide constitutional home stead exemptions for disabled veterans pursuant to Code Section 48-5-48; and
(3) The amount of tax revenues by source which have been distrib uted by said local government to local school systems for program opera tion 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 November 15:
(1) All tax revenues by source for the preceding fiscal year which were distributed for school maintenance and operation; provided, how ever, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropri ated 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, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-58, and 48-5-52, for the preceding calen dar year; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 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. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemp tions 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 exemp tions for disabled veterans pursuant to Code Section 48-5-48 granted for

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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 institutional 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 resid ing 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 Pro gram as defined 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 re quires 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 documentation 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 Education deems it unlikely that any local school system will fulfill its obligation relative to its assessed local fair share or any other provisions of this article 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 valu ation 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 assessed valuation multiplied by 1,000.

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(4) 'Eligible full-time equivalent program count' means the sum of the full-time equivalent resident student count and FTE nonresident stu dent 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 recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 202-164.
(6) 'Guaranteed valuation school system' means the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount 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 Reve nue pursuant to subsection (e) of Code Section 20-2-164, plus any fed eral 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 which clearly identifies the source or sources of 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 of the first two weighted FTE counts collected during fiscal year 1986.
(9) 'Qualified local school system' means any local school system having an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calcu late the local fair share pursuant to subsection (a) of Code Section 20-2164.
(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 ob tained 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 during the year of the digest; except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986 multiplied 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 equalization grant for each qualified local school system in the following manner:

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(1) Subtract the assessed valuation per weighted FTE for the said system from the assessed valuation per weighted FTE for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this sub section 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 ef fective millage rate for said school system and select the resulting num ber 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 subsec tion by the number of effective mills to be equalized pursuant to para graph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this sub section 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 en suing fiscal year. However, if a local school system has an assessed valua tion per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and has less than three effective mills to be equalized pursuant to paragraph (3) of this subsection and if the actual property tax millage levied by the local school system for mainte nance and operation in 1985 exceeds the actual property tax millage rate levied by the local school system for maintenance and operation in 1984, the effective millage calculated pursuant to paragraph (3) of this subsec tion shall be increased by the ratio that the 1984 actual property tax millage is to the 1985 actual property tax millage, except that such in crease shall not cause the effective mills to be equalized to exceed three mills.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. No portion of local fair share shall be ap plied 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 proportionately reduce the amount of funds to be allo cated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regula tions 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 to tal 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 categorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the in-

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structional programs funded under the Quality Basic Education formula pursuant to subsection (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 appropriated 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 accor dance with this article.
(b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and man ner for distribution 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 such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds ap propriated 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 Super intendent, which shall be signed in accordance with such regulations and directions of the state board.
(c) The State Board of Education shall annually submit to the Gen eral Assembly, no later than January 1, an amount of funds which shall be defined as the 'state cost of fully funding the provisions of the "Qual ity Basic Education Act"' for the next ensuing fiscal year. For each of fiscal years 1987, 1988, and 1989, the General Assembly shall be author ized to reduce the local fair share in each local school system calculated pursuant to Code Section 20-2-164, if state funds appropriated for the 'Quality Basic Education Act' for that year fail to exceed the fiscal year 1985 state appropriation for elementary and secondary education by the amount that the state cost of fully funding the provisions of the 'Quality Basic Education Act' for that year exceeds the fiscal year 1985 state ap propriation for elementary and secondary education. The reduction in lo cal fair share in each local school system shall be as follows:
(1) Subtract the fiscal year 1985 state appropriation for elementary

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and secondary education from the state cost of fully funding the provi sions of the 'Quality Basic Education Act' as defined in this subsection for the year in which the local fair share applies;
(2) Subtract the fiscal year 1985 state appropriation for elementary and secondary education from the amount of state funds appropriated for the 'Quality Basic Education Act' for the year in which the local fair share applies;
(3) Divide the amount obtained in paragraph (2) of this subsection by the amount obtained in paragraph (1) of this subsection; and
(4) If the quotient obtained in paragraph (3) of this subsection is less than 1.0, multiply each local school system's local fair share for that year by such quotient. The product obtained shall be the local school system's local fair share for that year. However, if the quotient obtained in paragraph (2) of this subsection is greater than 1.0, the amount of local fair share funds in each local school system shall not be adjusted from the amount calculated pursuant to Code Section 20-2-164.
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 202-162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the total 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 instructional program for handicapped students shall be summed into one amount for special education. Of the total funds designated for direct instructional costs for each program, a minimum of 92 percent shall be spent on such program, except as modified in this subsection. Each local school system shall spend a minimum of 92 percent of the total system-wide funds designated for each of the media and staff devel opment categories in the category for which the funds were earned. In the event any local school system should fail to encumber at least 92 percent of such funds as intended, the state board shall increase the local fair share for an ensuing year by the difference between the actual amount encumbered and the 92 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 mater ials, or any other appropriate instructional expense.
(b) (1) 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 be fully opera tional prior to the Quality Basic Education Program appropriations by the General Assembly in fiscal year 1987 and thereafter. For those sys tems which have inadequate telephone service to participate in this com puterized system, the state board shall design a retrieval system to re ceive the budget and accounting information within acceptable time

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limitations for planning, accountability, funding, and reporting purposes. 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:
(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 operation, school administration, system administration, or staff development.
(2) The State Board of Education is authorized to prescribe infor mation 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 person nel in financial and budgetary accounting.
(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 regulations 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 direction 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 allo cation 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 applica tion pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifi cally so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Edu cation for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost in volved in establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where appli cable. If any change is proposed by the state board in a plan requiring a grant of federal funds or if the state board approves a plan which com-

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mils the state to increased cost in any program, the state board shall report to and receive approval from the General Assembly prior to submittal of the final plan or change in the plan.
(b) Admission to the instructional programs funded under this arti cle 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, except as provided for in Code Section 20-2-160.
(c) (1) Except as otherwise provided in this subsection, public ele mentary 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 disturbance, or shortage of vital or critical material, sup plies, or fuel. In any such case, the school year applicable to that local board of education may terminate, 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 subsection. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts.
(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 notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emer gency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, 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 pro grams of education enumerated or coming within the scope of this arti cle, and such other education programs as may be approved by the State

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Board of Education; provided, however, that all such programs shall meet and be offered in accordance with such standards, requirements, and cri teria as may be prescribed by the state board. Teachers and other profes sional school personnel employed full time or part time during such pe riod 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 the General Assembly authorizes funds for this purpose. The state board is authorized, to the extent that funds may be available for this purpose as authorized by the General Assem bly, 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 establishment of any one or more of the various summer school education programs enumerated in this subsec tion, 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 equip ment 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 days or more constituting four quarters or any plan for year-round opera tion 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 accordance with such standards, requirements, and criteria as may be prescribed by the state board.
(2) The allotment of funds to a local school system under the Qual ity Basic Education formula pursuant to Code Section 20-2-161 and for categorical grants pursuant to Code Section 20-2-164 for any portion of a program 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 Section 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 pro-

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gram 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 require ments and standards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementa tion 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 sys tems or to the particular 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 calcu lated 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, representa tives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an over all 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 stan dard 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 specifi cations 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 ad ministration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement 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 compile 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; provided, however, that the Department of Administrative Services shall inform prospective 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 pur chased by local units shall be made by the respective local units of ad ministration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances.

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The Department of Administrative Services 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, ser vices, 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 stan dard 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, pro vided, further, that local units of administration shall implement text book adoptions from textbook listings prescribed by the State Board of Education pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Board of Education, and said local units of administration shall provide textbooks to each stu dent enrolled in a course of study that requires textbooks. The state board shall prescribe regulations necessary for implementation and en forcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distri bution, 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 obtained 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 20-2-161. However, local school systems shall have discretion in the use of the funds provided such use meets the requirements of this article and Code Section 20-2-411. 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 expend such funds as deemed appropriate and necessary to provide the most ef fective instructional programs needed by enrolled students as possible, except as otherwise limited by the provisions of this article and by rules, regulations, and standards promulgated by the State Board of Education.
20-2-181. The program weights shall reflect school-wide and sys tem-wide 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 system-wide educational services.
20-2-182. (a) The program weights shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay

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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, subject to appropriation by the General Assembly for this purpose, to provide teachers with a prepa ration 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, subject to appropriation by the General Assembly for this purpose, to provide instructional aides to assist teachers. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have been appropriated by the General Assembly for this purpose.
(c) The program weights for the primary and middle grades pro grams shall reflect sufficient funds, subject to appropriation by the Gen eral Assembly for this purpose, 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 paragraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Further, the said program weights shall reflect sufficient funds, subject to appropria tion by the General Assembly for this purpose, to provide for the devel opment and supervision 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, sub ject to appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors, respectively, in each program.
(f) All program weights shall reflect sufficient funds, subject to ap propriation by the General Assembly for this purpose, to pay the cost of sick and personal leave for teachers, the employer's portion of costs for retirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment needed to op erate effectively such instructional programs, the cost of travel required of personnel in order to deliver educational services to the enrolled stu dents, 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 annual local staff development plan pursuant to Code Section 20-2-253.

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(g) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 of this article the maximum num ber 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 of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Nor shall the State Board of Education reduce the pupil-teacher ratio without the direct authorization of the General Assembly, if such added cost for facilities, personnel, and other program needs are to be included in calculations for state funds. Local boards of education may reduce ratios, build additional facilities, and provide other such resources at local cost if such is in the best interest of the local system's program as determined by the local board of education. The State Board of Educa tion shall present to the General Assembly the number of students ap proved for any program per teacher which shall be used in cost calcula tions for fiscal year 1987 and thereafter.
20-2-183. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose 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 subject to appropriation by the General Assembly for this purpose 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 subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effec tive management of the instructional and supportive educational pro grams of an appropriate base size school pursuant to Code Section 20-2181 and to provide for the costs of operating an administrative office in said school.
20-2-186. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visiting teacher as well as the salaries of secretaries and an ac countant necessary and essential for the efficient and effective manage ment of all instructional 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 pursu ant to Code Section 20-2-152 shall reflect sufficient funds subject to ap propriation by the General Assembly for this purpose to pay the begin ning salaries of special education leadership personnel and school

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psychologists and psychometrists essential 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 de termine the amount of state funds needed to provide a state-wide school lunch program. The State Board of Education shall report to the General Assembly the amount of state funds required pursuant to paragraph (2) of subsection (c) of this Code section to operate the state-wide school lunch program. This budget shall be prepared by object of expenditure for each school system and shall be included in the State Board of Edu cation's annual budget request to the General Assembly. The budget for mat shall demonstrate cost variations from one fiscal year to the next, with proper justification. All such funds shall be subject to appropriation by the General Assembly for this purpose. The state board shall, by reg ulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch person nel. The state board is authorized to provide 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 Sec tion 20-2-164 shall not be made for said payments to local units of ad ministration under this Code section. State funds can be used to supple ment federal 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 public school in this state a course of instruction in nutrition, hy giene, etiquette, and the social graces relating to the partaking of meals and is further authorized 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 resources 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 re served for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition per sonnel. The amount of funds paid to any local unit of administration

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shall be paid in 12 monthly payments and shall be based upon the num ber 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 policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administra tion 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 positions. The State Board of Education shall annually establish a state performance 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 admin istration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments to help finance the locally established 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 transporta tion 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 dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation authorized 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 instructional labo ratories, 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 consider 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 traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and deprecia tion schedules therefor; the schedule of minimum salaries for school bus

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drivers established in accordance with subsection (b) of this Code sec tion; the number of school bus drivers allotted to the local unit; mainte nance, 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 cir cumstances as the state board may find to be relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.
(b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, re gardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but 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 independent 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 supple ment the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operat ing 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 subsection 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 connec tion with or as a result of providing transportation services to pupils at tending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allow ance 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 administra tion. 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 specifica tions for vehicles used by local units for the purpose of transporting

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pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, repair, 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, stan dards, requirements, and qualifications; 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.
(0 The state shall have the authority to allot funds for the transpor tation of all school age children residing on Sapelo Island to the main land of the state for the purpose of attending school on the mainland.
(g) The state board shall adopt policies, procedures, regulations, and other such requirements for the transportation and for the payment of all transportation costs, as described, defined, and authorized in sub sections (a) through (e) of this Code section, for all the children with special needs identified by the various local units of administration; fur ther, 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 ad ministration or when deemed necessary for adequate educational services.
(h) The state board is further directed and authorized to adopt poli cies and regulations relative to the use of minibuses for the transporta tion 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 re quested 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 of the independent school system in its budget prepared pursuant to subsection (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 transportation services within such school system.
(j) The amount of funds needed by a local unit of administration during 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 dis tribution, use, and expenditure of funds allotted under this subsection.
(k) The State Board of Education shall request sufficient funds from the General Assembly as specified in subsections (a) through (j) of

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this Code section through the annual budget process. The request for funds shall be itemized by object of expenditure for each school system in the state and shall indicate variations in funding requests by object of expenditure, with proper justifications from one fiscal year to the next. All such funds shall be subject to appropriation by the General Assembly for this purpose.
Part 6
Subpart 1
20-2-200. (a) The State Board of Education shall provide, by regu lation, for certifying and classifying all certificated professional 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 shall hold a certificate issued by the state board certifying as to their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated profes sional personnel as the state board may find reasonably necessary or de sirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience and competency of such personnel. The state board is authorized to provide for revoking or denying certifi cates for good cause after an investigation is held and notice and hear ings 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 county or regional librarians and all other professional personnel certificated by the State Board of Education.
(b) The State Board of Education shall be authorized to require of each applicant upon entering the teaching profession in Georgia to have obtained satisfactory scores on a test battery which assesses the appli cant's broad general knowledge and specific subject matter knowledge essential to performing effectively in the field of certification prior to be ing granted a renewable certificate. Further, the state board shall be au thorized to require each such applicant to have demonstrated satisfactory 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 satisfac tory on-the-job performance in the applicant's field of certification prior to being granted a renewable certificate.
(c) The State Board of Education shall have the authority to grant renewable certificates at the four-year level in a teaching field to an ap plicant 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;

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(2) Has satisfactorily completed an appropriate college course re lated 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 pro gram; 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.
(e) The State Board of Education may grant provisional or proba tionary certification to an applicant for such certification only after the endorsing local unit of administration provides acceptable documentation concerning the following:
(1) The local unit has made an effort to recruit fully certified indi viduals for the position involved, including sending announcements of said position to the appropriate preparatory institutions in its region of the state at least three months in advance of the date that the position needed to be filled; provided, however, that such local unit shall be ex empt from this condition if the position opened within said three-months' period due to a termination, resignation, or unanticipated increased en rollment; and
(2) The local unit has no fully certified applicant, except for such applicants who were evaluated as performing unsatisfactorily within the past three years or who have been previously terminated pursuant to Code Section 20-2-940 by an employing local unit of administration.
20-2-201. (a) Any person certified as a teacher, principal, or guid ance counselor pursuant to Code Section 20-2-200 shall have satisfacto rily completed a course of five or more quarter hours, approved by the state board, in the identification and education of children who have spe cial educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals, and guidance counselors in the identification and ed ucation of children who have special educational needs, provided such

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staff development program shall have received prior approval of the state board. As used in this subsection, 'children 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 appli cants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Geor gia teaching certificates who are otherwise eligible for emergency certifi cates 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. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person tak ing the course under this Code section shall receive appropriate credit toward certification and in-step raises.
(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 separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all crit ical areas of health and shall include drug abuse, alcohol abuse, smoking, and health education. 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 regarding certification pursuant to subsection (b) of Code Section 20-2200 are not required of such holders of life certificates; although they may voluntarily 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 202-202, 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 who may have less than professional training and who takes no independent actions and has no decision-mak ing authority but performs routine tasks assigned by higher certificated personnel.
(2) 'Licensed personnel' means paraprofessionals and aides.
(3) 'Paraprofessional' means a person with less than professionallevel 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 regulated by his relationship with the professional. Such paraprofes sionals, including instructional aides, shall possess the minimum of a high school diploma or a GED.

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(4) 'Permitted personnel' means persons who do not qualify for pro fessional certificates, including retired teachers, 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 aca demic, technical, and professional training and experience of such per sonnel. 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, including elected or appointed local school superintendents, shall have their performance evaluated annually by a trained evaluator. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies and other needs shall have a professional development plan designed to mitigate such deficiencies and other needs 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 necessary 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 instruments, 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 employment of all school personnel may be prescribed by the State Board of Education 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 cer tificated 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

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such teacher or other certificated professional employee of the intention of not renewing his contract for the ensuing school year. When such no tice of intended termination has not been given by April 15, 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 as provided in Code Section 20-2-940 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 per son 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.
(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 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 in Georgia having educational entry requirements compa rable to the requirements for entry into Georgia public school teaching. The list of Georgia occupations with beginning salaries used to adjust Georgia's beginning teachers' salaries or changes in the list of occupa tions shall be identified and presented to the General Assembly for ap proval prior to appropriations consideration. Such minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. Following the ap proval of the minimum salary schedule by the General Assembly, the state board is directed to revise the schedule to reflect the decision of the General Assembly as to the level of funding and other changes specifi cally designated in the appropriations bill or existing statute. A local unit of administration shall not pay to any teacher or other certificated pro fessional personnel in its employment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may,

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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 particu lar 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 pro viding classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and ex hibit 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 compe tency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concern ing the development and implementation of such teacher career ladder program. Following adoption of task force recommendations, the State Board of Education shall submit such recommendations to the General Assembly for statutory approval. The state board shall then grant suffi cient funds subject to appropriation by the General Assembly for this purpose 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 sched ule of salary supplements for administrators who have system-wide and school-wide 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 public education positions as deemed necessary and appropriate. The program adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school system to pay all such salary supplements. Each salary sup plement approved by the state board and included within the program adjustment amount for training and experience shall be separately identi fied by category of personnel with total cost requirements and submitted to the General Assembly for funding.
(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 responsi bilities 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 20-2-213 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. The state board shall allocate, once it has adopted such a salary supplement program for certificated nonteaching personnel, sufficient funds subject to appropriation by the Gen-

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eral Assembly to each local unit of administration to pay the salary sup plement of all such personnel awarded the said supplements under this state board adopted 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 subsection.
20-2-215. Classroom aides and paraprofessionals shall have, while performing 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 experi ence, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily ba sis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifia ble purposes. Such purposes 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 instruc tional 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 implementation 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, includ ing retired teachers in accordance with Code Section 47-3-127, who pos sess a valid teaching certificate 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 require ments 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 require ments for certification within this state. Nothing contained in this Code section shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article.
Part 7
20-2-230. (a) The State Board of Education shall adopt and pre scribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforce ment, and carrying 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

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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, opportuni ties, and facilities for all Georgia's children and youth and economy and efficiency in administration and operation 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 public education in the pub lic 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 performance 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 conflict therewith, have the full force and effect of law.
(b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organ ize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, func tions, and operations of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department.
20-2-231. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administra tion 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, admin istration, or enforcement 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 administra tion and local school systems for the purposes of this article, except where other specific provisions are made. The qualifications; manner and time of selection, election, or appointment; tenure; state compensation, if provided for; and powers and duties of school superintendents and mem bers of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such school super intendents 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 standards 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. Specifi cally, 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;

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(2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure 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 rela tive 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, or national origin.
20-2-233. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provi sion 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 Georgia 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 withholding 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 re quests 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 specify 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 evi dence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such mat ter for future proceedings or findings 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.

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Part 8
20-2-240. (a) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose 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 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 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.
(b) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose 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 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 wide spread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency 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 subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improve ment of an educational program or service. The criteria for awarding 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 article. Local units of administration shall be required to expend local funds for a portion of the cost of projects au-

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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 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. Reserved.
20-2-242. (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 subject to appropriation by the General Assembly for this purpose to local systems of administration to be used to purchase computer hardware, software, and related elec tronic 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 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 may 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 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.
20-2-243. The State Board of Education shall provide qualified pub lic elementary and secondary schools and local school systems with incen-

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live award grants subject to appropriation by the General Assembly for this purpose. 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 simi lar 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 ex pend these funds to improve their staff development or instructional pro gramming, or both, in a manner they deem appropriate. Such recipients of the incentive awar4 grants shall not be required to apply local funds to the expenditures authorized under 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 imple mentation 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 instruction and education of children and youth; to sponsor confer ences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public school system of this state, the quality 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 authorized 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 edu cational 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 pro vided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development spon sored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional pur poses of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effec tiveness, and to mitigate the professional deficiencies identified during the process of objective performance evaluations.
(b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, receive orientation on the educational program objectives of Geor gia and instruction and study in school finance; school law, with special

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emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local school board members; the evaluation of the annual performance of the school super intendent 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 administra tion of the state. The Department of Education is authorized, in coopera tion with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board mem ber 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 reimbursement of actual ex penses for travel, lodging, meals, and registration fees for such work shops, either before or after such board member assumes office.
20-2-251. Each program weight computed pursuant to Code Section 20-2-161 shall reflect an amount of funds that is at least equivalent to one-half of 1 percent of all professional salaries used in the development of each program weight. These funds shall be used for staff development.
20-2-252. (a) The State Board of Education is authorized and di rected to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an ad visory board. Members of the advisory board shall consist of two repre sentatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state board;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
(4) Representatives of the Senate appointed by the President of the Senate; and
(5) Representatives at large appointed by the Governor.
The advisory board shall be called into session by the State Board of Education prior to the end of fiscal year 1985 to perfect its organization and to set the frequency of meetings. This advisory board shall serve without remuneration from the Georgia Education Leadership Academy. Each organization represented may provide per diem for appointed members.

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(c) The Georgia Education Leadership Academy shall use such ap proaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application 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 ex penses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effective ness of this program pursuant to subsection (e) of Code Section 20-2282.
20-2-253. Each local school system shall develop an annual compre hensive 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 de velopment plan shall provide for programming designed to address defi ciencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or pre scribed 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 adequate 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 in structional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means expenditures for the annual retire ment of debt for capital outlay construction projects for educational fa cilities and shall include the interest on the principal as well as the prin cipal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, ex penditures which result in the acquisition of fixed assets, existing build ings, improvements to sites, construction of buildings, construction of ad ditions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of ex isting buildings or portions thereof, renovation or modernization of ex-

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isting buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the pro gram of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, special ized laboratories, cafetoriums, media centers, building equipment, build ing fixtures, furnishings, related exterior facilities, landscaping and pav ing, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facilities used for athletic competition and the central and area administrative of fices of local units of administration.
(6) 'Educational facilities survey' means a systematic study of pre sent educational facilities and a five-year forecast of future needs as set forth in subsection (k) of Code Section 20-2-260 based on the instruc tional 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 ex clude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic pro gram 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, plumb ing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations 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.

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(14) 'Year' or 'fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia.
(c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and imple ment the duties of this Code section. The State Board of Education's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual phys ical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction jSpace; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and fa cilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities 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 constitut ing such teams to participate in the survey. However, it shall be the re sponsibility 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 educational 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 par ticipants 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; assess ment of existing educational facilities; extent of obsolescence of facilities; recommendations for improvements, 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 survey team and shall establish ap peal procedures for surveys not accepted;
(3) To adopt policies, guidelines, and standards for educational fa cilities construction plans required of local units. Local unit facilities con struction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educa tional facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of merging small, inefficient educational facili-

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ties, if any; and other construction projects needed to house the instruc tional program required by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and cri teria respecting all location, construction, equipping, operating, mainte nance, use, and matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effec tive, efficient, 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 installa tion of fixtures and equipment in educational facilities; space require ments 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 construction of a replacement facility, provided that the renovated facility provides comparable instruc tional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, 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 capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing edu cational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the De partment of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, student membership projection research, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to student member ship 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 student membership but shall be based on student membership which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administra tion. The nonresident projection shall be the most recent five-year student membership average. The survey team will use such projections in deter mining 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 improve ment 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

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provisions 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, enti tlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for edu cational facilities to ensure compliance with state standards and require ments, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects con structed under supervision of the Georgia State Financing and Invest ment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local units may revise their edu cational facilities plans or the priority order of construction projects re quested 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 Fi nancing and Investment Commission for the use of facilities of the au thority or commission pursuant to a commitment 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 con tract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease 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 accordance with provisions of subsections (h) and (i) of this Code sec tion, each local unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan. The local educa tional facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f) of this Code section. Each local unit shall spec ify the order of importance of all proposed construction projects. When

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two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construc tion cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit;
(3) Complete a comprehensive educational facilities survey at least 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 initiating 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 sug gesting 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 Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; and
(6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsec tion (c) of this Code section.
(f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites;
(2) To provide construction projects to renovate or modernize edu cational facilities in order to correct deficiencies which produce educa tionally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the in structional program required under provisions of this article or new edu cational facilities on new sites or new additions to existing ones as a re sult of internal population shifts or changes in attendance zones within the local unit;
(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school popula tion by the State Board of Education or which are too expensive to reno vate or modernize due to obsolescence or location and which shall consist

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of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on dif ferent sites;
(5) To 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 struc ture but neither shall such vocational wing be excluded for funding pur poses; and
(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 pur poses of this paragraph unless and until all construction projects identi fied in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(g) The state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this sub section as follows:
(1) The required local participation shall be 25 percent of the eligi ble project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil by the total amount of the state-wide equalized ad justed school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible con struction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regard less 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 subsec tion; 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 facili ties caused by fire or natural disaster.
(h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (0 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 authori zation. 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 appropriated, 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 Ed-

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ucation 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 re cent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually 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 section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this para graph), excluding payments for postsecondary facilities, athletic facili ties, administrative facilities, or other projects not included in the ap proved five-year plan pursuant to subsections (c) and (e) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsec tion (g) of this Code section and shall be adjusted upward for the re maining portion of the five-year period 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 entitle ment 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 com pared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(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 construe-

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tion projects under the advance funding category to meet educational fa cilities needs due to the following:
(1) Extraordinary growth of pupil population in excess of the capac ity 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 Department of Human Resources;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined annual entitlement and required local participation 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 sub section 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 section 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 (0 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 re quirements 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 section for regular entitlements.
(k) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a com ponent of the comprehensive information retrieval system. The program shall be used in this subsection to forecast facility needs in each system by projecting student membership for each grade level and shall be writ ten in the educational facilities survey. The projection program method ology must correlate live-birth data to enrollment and project student en rollment for each of the grades, including kindergarten, for each of the next five years using cohort survival.

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(1) The State Board of Education shall request funds from the Gen eral Assembly for capital outlay purposes as defined in subsections (a) through (k) of this Code section by school system and project. For each project, the State Board of Education shall present by object of expendi ture all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, classroom con struction by purpose for classroom, cost for hallways, restrooms, adminis trative offices, lunchrooms, and media centers. Further, the justification shall include the location of such projects and how the project meets the replacement of substandard classrooms and schools. The justification shall also include a listing of remaining substandard classrooms and schools by location and those programs housed in such nonstandard class rooms and schools.
20-2-261. (a) The State Board of Education shall establish 'com mon minimum requirements' which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that re late to fire and physical safety; sanitation and health, including tempera ture and ventilation; minimum space, size, and configuration for the vari ous components of the instructional program; and construction stability, quality, and suitability 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 which such deficiencies are to be corrected must be submitted to the state board for review and ap proval. 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 ad ministration refusing or failing to implement the plan of action for defi ciency 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 services which are designed to improve the effectiveness of educa tional programs and services of local school systems and of providing in structional programs directly to selected public school students in the state. The programs commonly known as the Georgia Learning Resource System and Psycho-Educational Centers for severely emotionally dis turbed students shall be assigned to and operated by the regional educa tion 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-Educa tional Center or Georgia Learning Resource System to continue in that capacity. The shared services to member local school systems may in clude such services as:
(1) Staff development programming;

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(2) Assistance in implementing the uniformly sequenced core cur riculum adopted by the State Board of Education and other curricular improvements;
(3) Assistance in preparing plans or project proposals to be submit ted 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 mainte nance and repair.
(b) All member and nonmember local school systems shall be pro vided the services of the Georgia Learning Resource System. The in structional 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 pre scribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfea sible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-151; pro vided, however, that severely emotionally disturbed students of all local school systems, member and nonmember local school systems alike, shall be provided the instructional and support services of the Psycho-Educa tional program. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.'
20-2-271. (a) The State Board of Education shall establish the ser vice area of each regional educational service agency as a single geo graphical area of this state that contains the entire area for several local school systems. 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 necessary by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such ser vice areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize exces sive travel time when providing 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 be a member of the regional education service agency in its desig nated service area during the ensuing fiscal year shall approve a resolu tion 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 governed by a board of control which shall have such number of mem-

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bers for such terms of office as prescribed by the State Board of Educa tion, 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 sys tem. 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 Education 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 con trol 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 assuring that the activi ties of each agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superinten dent 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, prior to appropriations consideration for such services pursu ant to subsection (e) of Code Section 20-2-282.
(d) Boards of control shall determine needs of school children in the area served by each agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of the agencies in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relat ing outputs to dollar inputs. Boards of control shall determine the proce dures and activities of each agency as related to the achievement of lo cally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, and work schedules in terms of lo cally established 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 regional educational service agency. The director shall be responsible for the 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 ser vices desired 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.

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20-2-274. (a) The State Board of Education shall grant sufficient funds appropriated by the General Assembly for this purpose to each regional educational service agency to finance its share of the basic oper ating expenses, to provide instructional and support services to students eligible for the Psycho-Educational program, to provide services under the Georgia Learning Resources System to all local school systems in its service area, and to provide instructional and training services to handi capped 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 State Board of Education shall pre sent a line-item budget for each regional educational service agency's ba sic operating expense, psychoeducational program, Georgia Learning Re sources System, and instruction and training service to handicapped students. This budget shall include a division of the state and local share for each program in support of appropriations consideration by the Gen eral Assembly. The member local school systems shall on a state-wide basis collectively contribute one-fourth of the basic cost of operating the regional education service agency network. The amount each member lo cal school system shall contribute shall be based upon its ability to con tribute, as determined by the State Board of Education. In making this determination the State Board of Education shall consider the same fac tors that it uses for determining local fair share as set forth in Code Section 20-2-164. All other financing will be based on contracts 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 allo cated 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 long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improve ment 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 reflective of the priorities contained in the state-wide longterm strategic plan adopted by the state board and such needs for im proving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education 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 educa tional programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be

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improved, a list of educational objectives determined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to determine 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 in struments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments subject to appropriation by the General Assembly for this purpose. Such state-wide assessments shall be made twice annually as a pretest and posttest for all students in grades 1-12 on a normed reference achievement test. Such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. Such assessments shall provide stu dents and their parents with nationally normed percentile scores which result from the administration of standardized tests. Such tests shall be administered twice at each grade level. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) beginning in fiscal year 1986 and thereafter. The results of such testing shall be provided to the Governor's office, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assess ment for students entering first grade and shall administer such assess ment pursuant to subparagraph (B) of paragraph (2) of Code Section 20-2-151.
(b) The state board shall have the authority to condition the promo tion 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 instruments or tests adopted and administered by the state board pur suant to subsection (a) of this Code section. However, any student legally assigned to a special education program who has been promoted to the twelfth grade and who has met the provisions of the Individual Education Plan under P.L. 94-142 shall receive a high school diploma. The State Board of Education shall develop standards for Individual Education Plan development in accordance with P.L. 94-142 which take into consid eration the child's exceptionality and provide the instruction necessary to achieve success within recognized limitations.
20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional service agency which shall be done at least once every five years concerning 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;

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(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, includ ing 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;
(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 individu als from other such units, college teacher preparation programs, and citi zens 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 authorized to require additional evaluations of such units by the Department of Education.
(b) The State Board of Education is authorized, subject to appropri ation by the General Assembly for this specific purpose, to establish re gional offices of the Department of Education. Should the state board establish such regional offices of the Department of Education, their ser vice areas shall be congruous with the service area of regional educa tional 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 satisfactory comprehensive evaluation pursuant to subsection (a) of this Code section as 'standard' schools, school systems, or regional educa tional service agencies, respectively. The State Board of Education shall award a certificate 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, excluding the regional educational service agencies, with grants ap propriated by the General Assembly for this purpose pursuant to the pro visions for incentive awards in Code Section 20-2-243 and shall designate such units as 'exemplary' schools, school systems, or regional educational

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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 service agencies, respectively. The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens re- . siding 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 compre hensive evaluation including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assess ment of student achievement; the status of each public school, school sys tem and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintend ents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public educa tion in this state. The State School Superintendent shall compile an an nual report in which shall be presented 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 pub lic inspection during regular business hours. Copies of the report or por tions of the report shall be made available on request.
(e) The State Board of Education shall report to the education com mittees of the House of Representatives and the Senate on a quarterly basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it antici pates will be requested through the appropriations process for systems to meet the intent of the General Assembly. The State Board of Education shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(f) The State Board of Education shall prescribe such policies, pro cedures, and instruments as are deemed necessary for the effective imple mentation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article.

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20-2-283. (a) All local units of administration which are designated to be nonstandard or which operate one or more public schools so desig nated 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 sup ply 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 development and implementa tion 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 im plementing state board approved corrective plans. Such reviews shall con tinue 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.
(c) The State Board of Education shall conduct a comprehensive evaluation 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 conducted within two years after the state board has approved their corrective plan.
(d) In the event the state board finds that any local unit of adminis tration is making unsatisfactory progress relative to development or im plementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the fol lowing actions:
(1) 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; or
(2) The state board is authorized to file a civil action in the superior 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 court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustee finds that any board member or superin-

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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.
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 subject to appropriation by the General Assembly for this purpose to 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. Local school systems which have organ ized their schools in such a manner that facilities house more than grades six, seven, and eight or that students in these grades are split across ele mentary and upper grade level schools shall qualify for the middle school program, provided they meet all criteria and standards prescribed by the state board. Further, two or more adjacent school systems shall qualify for the middle school program if through their contractual arrangement they all jointly meet the criteria and standards prescribed by the state board. For those systems which are unable to implement a middle school program containing grades, six, seven, and eight, the state board shall have the authority to fund either grades six and seven or grades seven and eight under the provisions of this Code section if such programs meet all other criteria and standards prescribed by the state board. This Code section shall in no way require a local school system to construct a mid dle school containing grades six, seven, and eight in order to qualify for funds under this Code section.
20-2-291. (a) In the event any local school system is voluntarily consolidated with one or more adjoining local school systems under the provisions 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 construction or any renovation of existing facilities qualified under Code Section 20-2-260 subject to appropriation for this purpose by the General Assembly.
(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 forego ing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to fi nance under the provisions of Code Section 20-2-260 for any new con struction or any renovation of existing facilities.

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(c) All benefits to local school systems as provided under subsec tions (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 autho rizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and
(2) In the event of consolidation, all existing buildings will be uti lized for educational purposes to the extent feasible and practical.
20-2-292. (a) The State Board of Education shall provide sparsity grants, subject to appropriation by the General Assembly for this pur pose, 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 Quality 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 stu dents even if schools were merged or the local system is consolidated with an adjoining 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 quali fying local system; and
(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 ap plicable 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.

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(b) A local system shall continue to be qualified for the provisions of this Code section until the State Board of Education has completed such a study within five years, unless the local system has rejected an opportunity to consolidate with another local system, or the local system is being provided sufficient 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 compara bly to the increases in the Quality Basic Education formula provided for in Code Section 20-2-161 in the manner prescribed by the state board. The state board shall prescribe such policies, regulations, procedures, and criteria as it deems necessary for the effective 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, subject to appropriation by the General Assembly for this purpose, 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 young farmer programs, youth camps, and foodprocessing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitat ing allotment of additional funds. The state board is authorized to estab lish 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, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such programs and the General Assembly has appropriated funds for this purpose.
(b) The state board shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly 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 materials used in the state-wide public school educational television pro gram. Such state-wide costs as determined by the state board shall be paid entirely from state funds subject to appropriation by the General Assembly for this purpose and shall not be considered in determining the

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share of local units of administration of the cost of supporting the Qual ity 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 limited to, reviewing the utilization of educational television for both in structional 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 Telecom munications Commission and may contract for the purposes of paragraphs (1) and (2) of this subsection with public telecommunications facilities owned by an independent school system prior to 1960.
(d) (1) The State Board of Education shall maintain an adult gen eral education program within the state. This program shall provide in struction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth-grade educa tion or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade educa tion 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 diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occu pational training and meet adult responsibilities more effectively. Individ uals 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 sub section shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general educa tion 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 programs and activities as well as to execute their assigned duties and responsibilities 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 ed ucation. The state board shall establish policies, regulations, and stan dards relating to implementation and operation of general education pro grams for adults. To be eligible for state and federal funds, all programs shall be operated 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

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funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals.
(e) (1) There is established a State Board of Postsecondary Voca tional Education consisting of not less than ten members who shall be appointed by the Governor to staggered three-year terms. One member shall be appointed from each congressional district. Members shall re present business, industry, or economic development. The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocationaltechnical schools, programs, and services provided in the state and shall provide for a comprehensive program of career, occupational, and voca tional-technical education for adults and out-of-school youths. The pur pose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult voca tional-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employ ment; and to provide a system of schools which is a full partner in eco nomic development and expansion of the state's economic base, and which represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state.
(2) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult voca tional-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecon dary Vocational Education; and, further, a proportionate share of those funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions author ized for the operation and management of the postsecondary area voca tional-technical schools and adult centers, as well as a proportionate share of those positions authorized for planning, evaluation, program im provement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education.
(3) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education.
(4) Any other Code section of this article notwithstanding and sub ject to appropriations by the General Assembly, the State Board of Post-

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secondary Vocational Education may adopt such salary and salary sup plemental schedules deemed necessary to carry out paragraph (3) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this subsection.
(5) Any other Code section or article notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Voca tional Education. Commensurate with this authority, the board shall ex ercise state-level management and operational control over the postsecon dary area vocational-technical school system and adult vocational centers.
(6) Nothing in this subsection shall abridge the authority of the board of regents to establish or operate colleges or the authority of local or independent city or area boards to operate schools.
(7) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary voca tional-technical schools which is highly responsive to the occupational ed ucation and training needs of business, industry, and students and which enhances the state's competitive position for economic development.
(f) (1) The State Board of Education shall annually determine and request 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 established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in pro portion to the area and population to be served by such libraries in accor dance with regulations and minimum public library requirements pre scribed 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 equipment to meet the library needs of the blind and handicapped citi zens 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 re-

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ceive federal funds allotted to this state under acts of Congress appropri ating federal funds for public libraries.
(5) The state board shall adopt policies and regulations to imple ment this subsection.
(g) The state board is authorized to inaugurate a student honors program for pupils in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional 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 adequate to provide challenging opportunities for ad vanced study and accomplishments by such students. The student honors program shall be implemented 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 General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Re gents 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 operate a residential high school program for highly gifted and talented youths of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment in this residential high school program shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of such student must have signed an agreement authorizing enrollment in this program. 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 Assem bly for this purpose. The state board is authorized to enter into coopera tive agreements with the Board of Regents of the University System of Georgia concerning 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.
(i) The State Board of Education shall have authority to provide for the operation of youth camps, food-processing programs, and young farmer programs. The State Board of Education shall annually deter mine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed.
20-2-301. The State Board of Education shall be empowered to form a coordinating committee for exceptional individuals. The Coordi nating Committee for Exceptional Individuals shall consist of a represen tative of the Governor's office, no less than three representatives of the Department of Education, no less than three representatives of the De partment of Human Resources, and no less than three representatives of the Department of Offender Rehabilitation. At least one of each depart ment's representative shall be from the upper levels of management, and all representatives shall be designated by their respective department head. The committee shall be provided a full-time staff of one profes-

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sional 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 de lineation 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 access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide 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 educational and career opportunities available in the military.
20-2-303. Each student in the public schools of this state, upon at taining the age of 18 years, shall be apprised of his right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System 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 afforded 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 manner for recitation of the Pledge of Allegiance. Such policy shall be established 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 proce dure and manner whereby a pupil shall, for such compelling reasons and circumstances 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 administration wherein the pupil resides for the purpose of allot ting state funds under this article, notwithstanding absence of an agree ment between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to approve volunta rily 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 implementa tion 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,

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in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract 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.
20-2-306. (a) A comprehensive information retrieval system shall be implemented in fiscal year 1986 and shall include as a component, the computerized uniform budget and accounting system which shall provide line-item documentation by object of expenditure for each of the instruc tional and categorical programs funded under this article and which shall be reported in a manner which allows for sufficient auditing and account ability of such expenditures by the General Assembly. In order that this system can be fully operational prior to fiscal year 1987, a task force composed of representatives from the Department of Education, the Of fice of Planning and Budget, the Department of Audits and Accounts, the Legislative Budget Office, and others as determined by the General Assembly shall be created to identify specific line-item data required to implement the Quality Basic Education Program on a fiscally sound ba sis. This task force is further directed to identify other information which will be required from local systems and to provide for writing such a computer program as necessary to assure accurate and timely flow of information from local systems to the state which will enable sound deci sions relative to educational funding and other program directions.
(b) The General Assembly shall provide each central office in each school system sufficient computer hardware and software to effect this information retrieval system. The system shall be connected to the De partment of Administrative Services computer with access guaranteed to the state board, Governor's office, and the General Assembly.
(c) Training for two clerical employees to operate the system from each central office in each school system will be provided by a staff of trained personnel within the State Board of Education and regional edu cational service agencies and assigned to each regional educational ser vice agency for this purpose. The General Assembly shall provide suffi cient positions to assure adequate training, monitoring, and technical assistance for this system.
20-2-307. Any other provisions of this article to the contrary not withstanding, any provision of this article which delegates authority to the State Board of Education to change, by policy, rule, or regulation, educational programs, standards, requirements, or entitlements shall be subject to the requirement that the action of the State Board of Educa tion accomplishing any such change which would have the effect of in creasing appropriations of the General Assembly shall become effective no earlier than the beginning of a fiscal year at least nine months after the date of the action by the State Board of Education only if the Gen eral Assembly makes a line-item appropriation for the first fiscal year of the effectiveness of the change made by the State Board of Education specifically for the purpose of implementing such change."
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:

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"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 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.

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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.
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

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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.
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:

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"ARTICLE 6.1
20-2-320. (a) At three different times during the 1985-1986 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 nonvocational 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 a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a stu dent assistant to a teacher, in a school office or in the media center, ex cept when such placement is an approved work site of a recognized ca reer or vocational program an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the pur pose 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 indi cated for a student for one or more sixths of the school day if the student is not enrolled for 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 partici pation in the instructional program; provided, however, that a student

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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 ex ceed the average locally financed per student cost for the preceding school year, excluding required local effort. 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 at tending 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 prin cipal or his designee. The State Board of Education shall adopt such reg ulations and criteria 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 justifia ble reason, it may seek authority from the State Board of Education to shift the FTE county 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 be fully opera tional prior to the Quality Basic Education Program appropriations by the General Assembly in fiscal year 1987 and thereafter. For those sys tems which have inadequate telephone service to participate in this com puterized system, the State Board of Education shall design a retrieval system to receive the budget and accounting information within accept able time limitations for planning, accountability, and reporting pur poses. 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-

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fication of professional personnel required to be certificated; shall provide for increment increases above the minimum base salary of each classifi 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. The list of Georgia occupations with beginning salaries used to adjust Georgia's beginning teachers' salaries or changes in the list of occupations shall be identified and presented to the General Assembly for approval prior to appropria tions consideration. Such minimum salary schedule shall in all other re spects be uniform, with no differentiation being made on the basis of subjects or grades taught. Following the approval of the minimum salary schedule by the General Assembly, the state board is directed to revise the schedule to reflect the decision of the General Assembly as to the level of funding and other changes specifically designated in the appro priations Act or existing statute. A local unit of administration shall not pay to any teacher or other certificated professional personnel in its em ployment a salary less than that prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the sal aries 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 ex perience and performance of the particular personnel whose salary is be ing supplemented.
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-

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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, subject to appropriation by the General Assembly for this purpose, 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 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 whih 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, subject to appropriation by the General Assembly for this purpose, to qualified lo cal units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program 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 wide spread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency 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, subject to appropriation by the General Assembly for this purpose, to qualified lo cal 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

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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.
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, subject to appropriation by the General Assembly for this purpose, to local systems of administration to be used to purchase computer hardware, software, and related elec tronic 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 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 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.
(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-

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tern 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
(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. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimat ing this percent.
20-2-330. (a) A comprehensive information retrieval system shall be implemented in fiscal year 1986 and shall include as a component, the computerized uniform budget and accounting system which shall provide line-item documentation by object of expenditure for each of the instruc tional and categorical programs funded under this article and which shall be reported in a manner which allows for sufficient auditing and account ability of such expenditures by the General Assembly. In order that this system can be fully operational prior to fiscal year 1987, a task force

MONDAY, FEBRUARY 25, 1985

1563

composed of representatives from the Department of Education, the Of fice of Planning and Budget, the Department of Audits and Accounts, the Legislative Budget Office, and others as determined by the General Assembly shall be created to identify specific line-item data required to implement the Quality Basic Education Program on a fiscally sound ba sis. This task force is further directed to identify other information which will be required from local systems and to provide for writing such a computer program as necessary to assure accurate and timely flow of information from local systems to the state which will enable sound deci sions relative to educational funding and other program directions.
(b) The General Assembly shall provide each central office in each school system sufficient computer hardware and software to effect this information retrieval system. The system shall be connected to the De partment of Administrative Services computer with access guaranteed to the state board, Governor's office, and the General Assembly.
(c) Training for two clerical employees to operate the system from each central office in each school system will be provided by a staff of trained personnel within the State Board of Education and regional edu cational service agencies and assigned to each regional educational ser vice agency for this purpose. The Genera! Assembly shall provide suffi cient positions to assure adequate training, monitoring, and technical assistance for the duration of this system."
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.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 82.

On the motion, the yeas were 29, nays 2; the motion prevailed, and the Senate disagreed to the House substitute to SB 82.

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

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.

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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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Garner Gihis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

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

Those not voting were Senators:

Coleman (excused) English Fincher

Hudgins Kennedy (presiding)

McKenzie Phillips

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

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

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.

MONDAY, FEBRUARY 25, 1985

1565

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to SB 183:

A BILL
To be entitled an Act 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 appeals to the superior courts; to provide for continuances; to provide for effect of a failure to try an appeal during 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 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to the superior courts, is amended by striking Code Section 5-3-30, relating to the term of trial of an appeal, and inserting in lieu thereof a new Code Section 5-3-30 to read as follows:
"5-3-30. All appeals to the superior court may be tried by a jury after the appeal has been entered."
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 Bowen Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coverdell Dawkins Deal Dean Engram Fincher Foster Gillis Harris

Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

1566
Peevy Perry Phillips Ray Reddish

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr
Stumbaugh Timmons

Tolleson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused) English

Garner Greene Kennedy (presiding)

McKenzie Tate

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 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 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.

Senator Deal of the 49th moved that SB 203 be committed to the Senate Commit tee on Judiciary.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 203 was committed to the Senate Committee on Judiciary.

SB 224. By Senator Timmons of the llth:
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.

MONDAY, FEBRUARY 25, 1985

1567

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 Jimmy Hodge Timmons, Chairman,

Senate Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

February 8, 1985

SUBJECT: Senate Bill 224 (LC 7 5978) Public Retirement Systems

This Bill would prohibit membership in any public retirement system to any public employee convicted of a public employment related crime. A public employee's membership in any public retirement system would cease on the date of final conviction and the employee would not be eligible for membership in any public retirement system thereafter. If a person was a public employee on July 1, 1985 and remains in continuous service, any right to any benefit under any public retirement system would be deter mined as of the date of indictment or accusation. If a person first becomes or again becomes a public employee after July 1, 1985 any employee contri butions would be reimbursed without interest to the public employee.

As a result of House Bill 282 Committee Substitute (LC 7 5976S) (SCS) of the 1985 General Assembly becoming law, this is to certify that this is a nonfiscal retirement bill.
/s/ W.M. Nixon State Auditor

The Senate Committee on Retirement offered the following substitute to SB 224:

A BILL
To be entitled an Act to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to re tirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension systems for persons convicted of certain crimes and to provide for definitions in connection therewith; 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 Em ployees' Retirement System of Georgia, so as to revise the provisions of said Code section relative to members of the retirement system in the classified and unclassified service of the State Merit System of Personnel Administra tion; to provide for definitions; to provide requirements relative to certain

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elected state officials; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions applicable to retirement and pensions, is amended by designating present Code Sections 47-1-1 through 47-1-8 of said chapter as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
47-1-20. As used in this article, the term:
(1) 'Conviction' means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty.
(2) 'Final conviction' means a conviction which has been upheld af ter the convicted person has exhausted all appeals of the conviction.
(3) 'Political subdivision' means any county, municipality, or local school district.
(4) 'Public employee' means elected and appointed officials and em ployees of the state or any branch, department, board, bureau, commis sion, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision.
(5) 'Public employment related crime' means any one or more of the following crimes:
(A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a govern ment in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (2) of Code Section 16-8-12;
(B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office;
(C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20;
(D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21;
(E) Stealing, altering, or concealing public records as provided in Code Section 45-11-1; and
(F) Selling offices or dividing fees as provided in Code Section 4511-2.
(6) 'Public retirement system' means any retirement or pension sys-

MONDAY, FEBRUARY 25, 1985

1569

tern now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as mem bers of the retirement or pension system.
47-1-21. (a) This Code Section shall apply to public employees in service on July 1, 1985, and to public employees who enter or reenter public employment after that date. This Code section shall apply to any public employment related crime which is committed by a public em ployee on or after July 1, 1985.
(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the com mission of such crime, such employee's membership in any public retire ment system shall terminate on the date of final conviction and such em ployee shall not at any time thereafter be eligible for membership in any public retirement system. For any public employee finally convicted for the commission of a public employment related crime, the right to any benefit or any other right under any public retirement system in which the employee is a member shall be determined as of the date of final conviction, and no additional right to any benefit under a public retire ment system shall be granted to or acquired by any such public employee after that date."
Section 2. Code Section 47-2-91 of the Official Code of Georgia Anno tated, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Sec tion 47-2-91 to read as follows:
"47-2-91. (a) As used in this Code section, the term:
(1) 'Classified member' means a member of the retirement system who is in the classified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45.
(2) 'Commissioner' means the commissioner of personnel adminis tration provided for in Code Section 45-20-4.
(3) 'Compensatory time' means time off from work which is used in lieu of annual or sick leave to offset overtime service rendered by an em ployee when the employee is compensated by a fixed salary and is not financially compensated for such overtime service.
(4) 'Elected state official' means the Governor, Lieutenant Gover nor, each member of the Public Service Commission, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Labor, Commissioner of Agriculture, each Justice of the Supreme Court, and each judge of the Court of Appeals.
(5) 'Unclassified member' means any member of the retirement sys tem who is in the unclassified service of the State Merit System of Per sonnel Administration provided for by Chapter 20 of Title 45 or who is otherwise not covered by the rules and regulations of the State Personnel Board, including elected state officials.

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(b) (1) Accumulated days of forfeited annual and sick leave for which a member has not been paid shall constitute creditable service if such member has at least six months of such forfeited leave at the time of the member's retirement. The member shall be given one month of creditable service for each 20 days of forfeited annual and sick leave. Upon retirement of a classified member, the employer shall certify to the board of trustees the total amount of that member's forfeited annual and sick leave based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available for classified members, forfeited leave for an undocumented period may be computed as provided in subsection (i) of this Code section. The determination of accumulated days of forfeited annual and sick leave for unclassified members shall be based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available, forfeited leave for unclassified employees shall be computed as follows:
(A) When 15 years or more of leave records are available for an unclassified member, the determination of forfeited leave for undocu mented periods shall be computed as provided in subsection (i) of this Code section; or
(B) When less than 15 years of leave records are available for an unclassified member, the determination of forfeited leave for undocu mented periods shall be based on the one-year average amount of for feited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section and as provided in subsection (g) of this Code section, subject to the limitation in subsection (i) of this Code section.
(2) For both classified and unclassified members, each employer shall contribute the same amount as would have been contributed by the employer had the member obtaining creditable service for forfeited an nual and sick leave remained in state employment without change in compensation for a period of time equal to the amount of forfeited an nual and sick leave for which creditable service is obtained.
(c) For unclassified members, the maximum number of days of an nual and sick leave which may be accumulated in one year shall be in accordance with the rules and regulations of the State Personnel Board governing employees in classified service, as defined in paragraph (2) of Code Section 45-20-2.
(d) For the purposes of this Code section, compensatory time shall not be applicable to elected state officials and no elected state official may offset any annual or sick leave taken by any such official by any compensatory time which might otherwise be applicable to such official.
(e) When accumulated forfeited annual and sick leave is claimed for the purposes of this Code section by an elected state official based on records maintained by or pursuant to the order or supervision of the elected state official, any such accumulated annual and sick leave ac cepted by the board of trustees shall, in addition to such records, be based on the elected state official's sworn statement that the amount of

MONDAY, FEBRUARY 25, 1985

1571

accumulated forfeited annual and sick leave claimed by the elected state official is true and correct.
(f) The commissioner shall select a random representative sample of employees who, as of June 30, 1985, have ten years or more of continu ous service in the classified service of the State Merit System of Person nel Administration. From an examination of the personnel records of the members in the sample, the commissioner shall calculate an annual aver age of the number of days of annual leave taken and an annual average of the number of days of sick leave taken by the members in the sample. The average days for annual leave taken and the average days for sick leave taken shall then each be deducted, respectively, from the maximum number of days of annual leave and the maximum number of days of sick leave which may be accumulated in one year under rules and regula tions of the State Personnel Board by an employee in the classified ser vice of the state merit system. The two figures resulting after making such reductions shall be added together and the resulting figure shall be forfeited annual and sick leave for each year of membership service for the purposes of subsection (g) of this Code section, subject to the limita tion in subsection (j) of this Code section.
(g) The average amount of forfeited annual and sick leave calcu lated by the commissioner pursuant to subsection (f) of this Code section shall be supplied by that officer to all employers. When less than 15 years of leave records are available, the determination of forfeited annual and sick leave for unclassified employees with undocumented periods may be certified by the employer based on the average amount of forfeited an nual and sick leave supplied by the commissioner. The amount which may be so certified shall be calculated by multiplying the figure repre senting the one-year average of forfeited annual and sick leave by the number of years of membership service for which leave records were not available at the time of retirement, subject to the limitation in subsection (j) of this Code section.
(h) For any member whose membership service includes service as both a classified and unclassified member, both classified and unclassified service may be considered in qualifying for undocumented forfeited an nual and sick leave calculations based on 15 or more years where em ployers have maintained adequate records of annual and sick leave taken by members. When 15 or more years of leave records are available through a combination of both classified and unclassified service, for feited annual and sick leave for an undocumented period may be com puted as provided in subsection (i) of this Code section. When less than 15 years of leave records are available through a combination of both classified and unclassified service for a member, then the undocumented forfeited leave for the unclassified service shall be calculated pursuant to subsection (g) of this Code section and undocumented forfeited leave for classified service shall be calculated pursuant to subsection (i) of this Code section, subject to the limitation in subsection (j) of this Code sec tion. The two calculations shall then be added together to determine the total amount of forfeited leave for the undocumented period.
(i) The formula provided by this subsection may be utilized for computation of forfeited annual and sick leave during the undocumented

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periods of service described in paragraph (1) and subparagraph (A) of said paragraph (1) of subsection (b) of this Code section. The formula is as follows:
(1) Compute the maximum earnable sick and annual leave for the undocumented period;
(2) Compute the total sick and annual leave taken for all periods in which documentation is available;
(3) Compute the average sick and annual leave taken per month by dividing the answer under paragraph (2) of this subsection by the total number of documented months;
(4) Multiply the answer under paragraph (3) of this subsection by the total number of months in the undocumented period; and
(5) Subtract the answer under paragraph (4) of this subsection from the answer under paragraph (1) of this subsection to determine to tal leave earned and not taken during the undocumented period.
(j) For unclassified employees with less than 15 years of service, the determination of forfeited annual and sick leave shall be limited to the lesser of the amount calculated pursuant to subsections (f) and (g) of this Code section or the average of actual forfeited annual and sick leave for which leave records are available, whichever is less.
(k) The board of trustees may adopt rules and regulations, not in consistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section."
Section 3. This Act shall become effective on July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

February 20, 1985

SUBJECT: Senate Bill 224 Substitute (LC 18 0538S) Public Retirement Systems

MONDAY, FEBRUARY 25, 1985

1573

This Bill would change retirement provisions relative to public employ ees in service on July 1, 1985 and to public employees who enter or reenter public employment after that date and commit any public employment re lated crime on or after July 1, 1985. If a public employee commits a public employment related crime in the capacity of a public employee and is con victed for the commission of such crime, the employee's membership in any public retirement system would terminate on the date of final conviction and the employee would not be eligible for membership in any public retirement system thereafter. The right to any benefit or any other right under any public retirement system would be determined as of the date of final conviction.
This Bill would also revise the current law governing retirement credit received for accumulated days of annual and sick leave for members of the Employees' Retirement System. These provisions are outlined below.
1. Members with an least six months of forfeited sick and annual leave at retirement age may receive creditable service for the leave at the rate of one month's service for each 20 days of forfeited annual and sick leave.
2. For members who are in the classified service of the State Merit System, the accumulated days of sick and annual leave would be based on records where employers had maintained adequate records. Where records were not maintained, leave would be determined by the following:
(A) Compute the maximum earnable leave for the undocumented period.
(B) Compute the total leave taken during documented periods.
(C) Compute the average monthly leave taken during documented months by dividing the total documented leave taken by the number of doc umented months.
(D) Multiply the average monthly documented leave taken by the number of documented months.
(E) Subtract the total found in (D) from the maximum earnable leave in the undocumented period.
3. For unclassified members, accumulated forfeited leave would be based on leave records. For members with 15 or more years of leave records available but additional undocumented periods, the amount of sick and an nual leave that could be accumulated for retirement purposes for undocu mented periods would be based on the method outlined in point 2 above.
4. For unclassified members with less than 15 years of leave records available, credit for undocumented periods of leave would be based on an annual average amount of sick and annual leave accumulated by members in the classified service of the State Merit System. This average would be based on a random, representative sample of employees who, as of June 30, 1985, have ten or more years of continuous service in the Merit System's classified service. The average would be the difference between the average amount of sick and annual leave taken and the maximum number of days which may be accumulated in one year under regulations of the State Per-

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sonnel Board. The resulting figures for sick and annual leave would be added together and the total would be the amount of forfeited leave for each year of service that could be counted toward retirement credit. However, the determination of forfeited annual and sick leave shall be the lesser of the amounts calculated based on the average discussed above or the average of actual forfeited leave for which records are available.
5. Elected state officials would be prohibited from offsetting any annual or sick leave by any compensatory time.
6. Elected officials who maintain their own leave records would be re quired to make a sworn statement that the records are correct.
7. The maximum number of days of annual and sick leave which may be accumulated in one year by unclassified members of the system would be in accordance with the rules and regulations of the State Personnel Board.
8. For members whose service includes classified and unclassified ser vice, the certification of forfeited sick and annual leave would be based on the provisions applicable to each portion of service.
9. The system's Board of Trustees would be authorized to adopt rules and regulations for administering the provisions of this Bill.
This is to certify that this is a non-fiscal retirement bill.
/s/W. M. Nixon State Auditor

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 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 Kidd Land Langford McGill Peevy

MONDAY, FEBRUARY 25, 1985

1575

Perry Phillips Ray
Reddish Scott of 36th

Starr Stumbaugh Tate
Timmons Tolleson

Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman (excused)

English Kennedy (presiding)

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 by substitute.

Senator Timmons of the llth moved that SB 224 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 224 was immediately transmitted to the House.

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.

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

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 Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison

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Hine Holloway Horton Howard Hudgins Huggins Kidd 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:

Bowen Brannon Cobb

Coleman (excused) Kennedy (presiding) Land

McKenzie Walker

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

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

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.

Senator Greene of the 26th offered the following amendment:

Amend SB 257 by adding on line 6 following the word "policies" the following:
"; to change the provisions relative to applicability of Chapter 22 of Title 33, relating to insurance premium finance companies".
By renumbering Sections 3, 4, and 5 as Sections 4, 5, and 6 respectively.
By adding following Section 2 a new Section 3 to read as follows:
"Section 3. Said title is further amended by striking paragraph (5) of Code Section 33-22-16, relating to applicability of Chapter 22 of Title 33, and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7; or'".

MONDAY, FEBRUARY 25, 1985

1577

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

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway 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:

Cobb Coleman (excused)

Kennedy (presiding)

McKenzie

On the passage of the bill, the yeas were 52, nays 0.

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

The President resumed the Chair.

Lieutenant Governor Miller introduced Honorable Phil Landrum, former Con gressman from Georgia, who briefly addressed the Senate.

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

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 provide that the proceeds of any bonds may be invested and reinvested in certificates of deposit.

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

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 Coverdell Deal Dean English

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

Land Langford Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman (excused) Dawkins

McGill McKenzie

Stumbaugh Trulock

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

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

MONDAY, FEBRUARY 25, 1985

1579

Senator Kidd of the 25th moved that SB 262 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 262 was immediately transmitted to the House.

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.

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

Land Langford McGill Peevy Perry Phillips ixdy i?O\7 Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner

Those not voting were Senators:

Bryant Coleman (excused)

McKenzie Tolleson

Tysinger Walker

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

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

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JOURNAL OF THE SENATE

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.

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 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 Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) McKenzie

Reddish

Tolleson

On the passage of the bill, the yeas were 52, nays 0.

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

MONDAY, FEBRUARY 25, 1985

1581

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.
Senate Sponsor: Senator Harrison of the 37th.

The Senate Committee on Insurance offered the following substitute to HB 81:

A BILL
To be entitled an Act to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, so as to provide for extraordinary final pay ments when an indebtedness is payable in installments; to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in installments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to groups eligible for coverage under group life insurance pol icies, is amended by striking subparagraph (A) of paragraph (2) in its en tirety and substituting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable either in installments for a period not in excess of 60 months from the initial date of debt, including any extraordinary final payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 18 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidi ary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the in surance becomes effective upon his life;".
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.

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JOURNAL OF THE SENATE

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 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 Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

McKenzie

Tate

Dawkins

Reddish

On the passage of the bill, the yeas were 51, nays 0.

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

HB 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

MONDAY, FEBRUARY 25, 1985

1583

to commemorate the sesquicentennial of the founding of Emory University.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

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 Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Coleman (excused) Foster

Gillis McKenzie

Reddish

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, resumed the Chair.

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

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JOURNAL OF THE SENATE

mentally ill, mentally retarded, alcoholic, and drug dependent individuals from private facilities to state-owned or operated facilities.
Senate Sponsor: Senator Howard of the 42nd.

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

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 Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

Land Langford McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Coleman (excused) Harris Kennedy (presiding)

McKenzie Reddish

Tate Walker

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

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

The President resumed the Chair.

HB 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;

MONDAY, FEBRUARY 25, 1985

1585

to require that a county decal be used with and affixed to prestige or special license plates.
Senate Sponsors: Senators Bowen of the 13th and 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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Mine Horton Howard Hudgins Kennedy Kidd Land Langford

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

Those not voting were Senators:

Brantley Coleman (excused) Garner

Holloway Huggins

McKenzie Reddish

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

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

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

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JOURNAL OF THE SENATE

operated railroad excursions between and in the vicinity of stated places of public interest.
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 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

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:

Coleman (excused) Hudgins

Langford

Reddish

On the passage of the bill, the yeas were 52, nays 0.

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

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

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

MONDAY, FEBRUARY 25, 1985

1587

and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services.
Senate Sponsor: Senator Langford of the 35th.

The Senate Committee on Children and Youth offered the following amendment:

Amend HB 14 by striking from the title, beginning on line 5 of Page 1, the following:
"and provided the youth reaches the age of 17".
By striking from Section 1, beginning on line 18 of Page 1, the following:
"and provided the youth has reached the age of 17".

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

Senator Langford of the 35th offered the following substitute to HB 14:

A BILL
To be entitled an Act to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to pro vide that certain discharges from the custody of the Division of Youth Ser vices shall not be made prior to the expiration of one year of custody; to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence by judge in misdemeanor and felony cases gen erally, so as to provide that in any case in which a minor defendant is tried in the superior court and sentenced to a specific number of months or years of confinement, the defendant shall be placed in restrictive custody with the Division of Youth Services until he reaches 17 years of age; to provide for transfer to the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-37 of the Official Code of Georgia An notated, relating to designated felony acts, is amended by striking in its en tirety subparagraph (e)(2)(C) and inserting in lieu thereof a new subparagraph (e)(2)(C) to read as follows:
"(C) The juvenile shall not be discharged from the custody of the division unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and".
Section 2. Code Section 17-10-1, relating to fixing of sentence by judge

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JOURNAL OF THE SENATE

in misdemeanor and felony cases generally, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) In any case in which a minor defendant is tried in the superior court and sentenced to a specific number of months or years of confine ment, the defendant shall be placed in restrictive custody with the Divi sion of Youth Services until he reaches 17 years of age. Upon attaining 17 years of age, the defendant shall be transferred to the Department of Offender Rehabilitation pursuant to rules and regulations of the Depart ment of Human Resources and the Department of Offender Rehabilitation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 26, nays 15, 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 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 Walker

Those voting in the negative were Senators:

Hudgins

Land

Tysinger

Those not voting were Senators Coleman (excused) and Kennedy (presiding).

MONDAY, FEBRUARY 25, 1985

1589

On the passage of the bill, the yeas were 51, nays 3.

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

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.
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 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 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused)

Kennedy (presiding)

McKenzie

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

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd, Dean of the 31st and Trulock of the 10th offered the following amendment:

Amend HB 172 by adding on line 6 of Page 1 after the word and sym bol "bonds;" the following:
"to provide that the issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission;".
By adding between line 6 and line 7 of Page 16 the following:
"(j) The issuance of any bond, revenue bond, note, or other obliga tion or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitu tion of the State of Georgia of 1983 or its successor."

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 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 Howard Huggins

MONDAY, FEBRUARY 25, 1985

1591

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

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Hudgins.

Those not voting were Senators:

Coleman (excused)

Kennedy (presiding)

Peevy

On the passage of the bill, the yeas were 51, nays 2.

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

Senator McKenzie of the 14th introduced Honorable Tommy Todd, National President of the Jaycees, who briefly addressed the Senate.

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

HR 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.

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:

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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 Bryant Burton Cobb Coverdell Dawkins Deal Dean

English 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 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman (excused) Hudgins

Kennedy (presiding)

Scott of 2nd

On the adoption of the resolution, the yeas were 52, nays 0.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:

Amend HB 343 by striking from Section 1 on line 22 of Page 1 the word "Any" and inserting in lieu thereof the following:
"(1) Except as provided in paragraph (2) of this subsection, any".
By adding in Section 1, between lines 22 and 23 on Page 2, the following:

MONDAY, FEBRUARY 25, 1985

1593

"(2) Each such judge of the probate court shall receive an annual salary beginning on July 1, 1987, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999........ . .......................$ 13,885.00 6,000- 11,999.. .............................. 18,335.00 12,000 - 19,999. ................................ 20,367.00 20,000 - 29,999................................. 22,500.00 30,000 - 39,999................................. 24,893.00 40,000 - 49,999................................. 26,256.00 50,000 - 99,999................................. 28,255.00 100,000 - 199,000. ................................ 33,992.00 200,000 - 294,999 ................................. 41,745.00 295,000 or more .................................. 45,500.00".

By striking from Section 3 on line 19 of Page 3 the following: "1985",
and inserting in lieu thereof the following: "1986".

Senator Harris of the 27th offered the following amendment:
Amend the amendment offered by Senator Kidd of the 25th to HB 343 by striking from Section 2, line 10, Page 1, the word "shall" and substitute the word "may".
On the adoption of the amendment offered by Senator Harris of the 27th, 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:

Albert Allgood Barker
Coverdell Deal English

Engram Fincher Gillis
Land McGill McKenzie

Peevy Phillips
Stumbaugh Trulock Tysinger

1594

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin Barnes Bond Brannon Broun of 46th Brown of 47th Bryant
Dawkins Dean

Foster Garner
Harrison Hine Rolloway
J Horton Howard
Hudgins
Huggins

Kidd Langford
Perry Reddish Scott of 2nd _. Starr Tate
Tolleson
Walker

Those not voting were Senators:

Bowen Coleman (excused)

Kennedy (presiding) Timmons

Turner

On the adoption of the amendment, the yeas were 23, nays 28, and the amend ment offered by Senator Harris of the 27th was lost.

On the adoption of the amendment offered by Senator Kidd of the 25th, 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:

Allgood Baldwin
Barnes
Bond Brannon Broun of 46th
Brown of 47th Bryant Cobb
Dawkins
Deal

Dean Fincher
Foster
Garner Greene Harrison
Hine Holloway Howard
Hudgins
Huggins

Kidd Langford
Peevy
Perry Reddish Scott of 36th
Starr Tate Tolleson
Trulock
Walker

Those voting in the negative were Senators:

Albert Barker
Brantley Burton Coverdell English

Engram Gillis
Harris Horton Land McGill

McKenzie Phillips
Ray Scott of 2nd Stumbaugh Tysinger

MONDAY, FEBRUARY 25, 1985

1595

Those not voting were Senators:

Bowen Coleman (excused)

Kennedy (presiding) Timmons

Turner

On the adoption of the amendment, the yeas were 33, nays 18, and the amend ment offered by Senator Kidd of the 25th 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 Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins Deal Dean English

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

McGill McKenzie Peevy Perry Phillips
Rt\.aavy
Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Walker

Those voting in the negative were Senators:

Barker

Land

Burton

Tysinger

Those not voting were Senators:

Bowen Coleman (excused)

Kennedy (presiding) Timmons

Turner

On the passage of the bill, the yeas were 47, nays 4.

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

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JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 192. By Senators Foster of the 50th and Deal of the 49th: A resolution commending Bill Elliott.

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

Mr. President:

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Greer of the 39th, Lane of the 27th and Adams of the 36th.

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

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.

MONDAY, FEBRUARY 25, 1985

1597

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

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.

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

At 12:45 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1598

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 26, 1985 Thirty-third Legislative Day

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

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

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

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

Mr. President:

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

HB 27. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses.

HB 64. By Representative Bray of the 91st:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution.

HB 590.

By Representative Murphy of the 18th:
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 provide that the sales and use tax shall not apply to certain items which

TUESDAY, FEBRUARY 26, 1985

1599

will be used by carriers who are both common carriers and contract carriers.

HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

HB 624.

By Representatives Kilgore of the 42nd and Crosby of the 150th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collec tion of income tax at the source, so as to authorize the state revenue commissioner to promulgate rules and regulations setting out circum stances under which employers shall be required to submit to the com missioner copies of income tax withholding exemption certificates re ceived from their employees.

HB 649.

By Representatives Williams of the 6th, Kilgore of the 42nd and Burruss of the 20th:
A bill to amend Article 4 of Chapter 6 of the Official Code of Georgia Annotated, relating to taxation of financial institutions, so as to specify the types of financial institutions subject to state and local taxation; to change the maximum rate of county and municipal taxation of financial institutions; to change the rate of state taxation of financial institutions.

HB 650.

By Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relat ing to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met.

HB 695.

By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th and Greer of the 39th:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner.

HB 59. By Representative Bray of the 91st:
A bill to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court.

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JOURNAL OF THE SENATE

HB 82. By Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th and others:
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.

HB 173.

By Representative Evans of the 84th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to assessment of costs of judi cial processes involving financial institutions, so as to provide that finan cial institutions shall have at least five business days in which to respond to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time.

HB 272.

By Representative Milam of the 81st:
A bill to amend Code Section 33-23-2 of the Official Code of Georgia Annotated, relating to licenses required to write or issue insurance, so as to provide that insurers from out of state who conduct mail-order busi ness in this state shall be required to include certain information in all advertisements made or policies of life or accident and sickness insurance issued in this state.

HB 314.

By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to pro vide for editorial revision; to define certain terms; to delete the require ment of approval by the Secretary of State of appointments to the Geor gia Real Estate Commission.

HB 388.

By Representative Ross of the 82nd:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive di rector and employees of the commission and their membership in the State Merit System of Personnel Administration.

HB 487.

By Representatives Childers of the 15th, Chatnbless of the 133rd, Hooks of the 116th and others:
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; to clarify state residency requirements for pregnant women seeking neces sary emergency services and to provide for obligations of hospitals with regard to such services.

TUESDAY, FEBRUARY 26, 1985

1601

HB 501.

By Representative Dixon of the 151st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality.

HB 539.

By Representatives Pettit of the 19th and Manner of the 131st:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records.

HB 625.

By Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the 11 th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers.

HB 464.

By Representatives Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council.

HB 564.

By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-50 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes on wine; to establish excise taxes upon the first sale, use, or final delivery within this state of all table wines.

HB 927.

By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provided that in Houston County, in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education.

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JOURNAL OF THE SENATE

HB 928.

By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County.

HB 929.

By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 create a special court in Houston County.

HB 930.

By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 Hous ton County Development Authority.

HB 931.

By Representatives Mueller of the 126th and Chance of the 129th:
A bill to authorize the government 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.

HB 933.

By Representative Ross of the 82nd:
A bill to amend an Act creating the board of commissioners of Lincoln County, so as to change the compensation of the chairman of the board of commissioners of Lincoln County.

HB 935.

By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to provide for a bid system for purchases and contracts by the county.

HB 937.

By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
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 Rome-Floyd County Development Authority and provisions for its powers, authorities, funds, purposes, and procedures connected therewith.

TUESDAY, FEBRUARY 26, 1985

1603

HB 941.

By Representatives Lawler of the 20th, Cooper of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the amount of the bond which the clerk of the state court shall post.

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

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.

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

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.

SB 245.

By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to provide for vacancies in elected offices; to provide for oaths of offices; to provide what actions shall be considered a forfeiture of office; to provide for inquiries and investigations into the affairs of the city or its departments.

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

HB 794.

By Representative Murphy of the 18th:
A bill to amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equalization grants.

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JOURNAL OF THE SENATE

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

HR 122.

By Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th and others:
A resolution creating the Atlanta Charter Review Study Committee.

HR 171.

By Representatives Walker of the 115th, Groover of the 99th and Mur phy of the 18th:
A resolution creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission.

HR 200. By Representative Ramsey of the 3rd: A resolution designating the Charlie Kendrick Memorial Bridge.

HR 219.

By Representative Carter of the 146th:
A resolution authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien County.

HR 220.

By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island 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, im provement, and replacement of a fishing pier to be built over, under, across, or through such state owned property.

HR 261.

By Representatives Childs of the 53rd, Murphy of the 18th, Couch of the 40th and others:
A resolution commending the Georgia participants in the Summer Games of the 1984 Olympics and inviting them to appear before the General Assembly.

HR 281.

By Representatives Holmes of the 28th, McKinney of the 35th and Alien of the 127th:
A resolution condemning the Iranian persecution of members of the Bahai religious faith.

TUESDAY, FEBRUARY 26, 1985

1605

The House insists on its position in substituting the following bill of the Senate:
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 House adheres to its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like committee on the part of the Senate:
SB 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.
The Speaker has appointed on the part of the House:
Representatives Hays of the 1st, Colwell of the 4th and Athon of the 57th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office. Referred to Committee on Urban and County Affairs.
SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the Official Code of Georgia Annotated, relating to the requirement for tax collectors to instruct tax payers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any municipality located wholly or partially within any such county. Referred to Committee on Banking and Finance.

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JOURNAL OF THE SENATE

SB 274. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, as amended, so as to change the compensation provi sions relating to the members of the board of commissioners; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 275. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, as amended, so as to change the provisions relating to the com pensation of the tax commissioner; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 276. 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 compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.
Referred to Committee on Urban and County Affairs.

SB 277. By Senator Phillips of the 9th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to change the provisions for excluding from taxable income allowances for the exhaustion, wear and tear, and obsolescence of property used in a trade or business or held for the production of income; to provide for an effective date and for applicability.
Referred to Committee on Banking and Finance.

SB 278. By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Dawson County, as amended, so as to change the provisions relating to the com pensation of said commissioner.
Referred to Committee on Urban and County Affairs.

SB 279.

By Senator Engram of the 34th:
A bill to amend an Act providing a new charter for the City of Union City, Georgia, so as to provide for the appointment of an associate judge;

TUESDAY, FEBRUARY 26, 1985

1607

to provide for his powers, duties, and qualifications; to provide for related matters; to provide for an effective date.
Referred to Committee on Urban and County Affairs.

SB 280. By Senator Cobb of the 28th:
A bill to amend an Act reincorporating the City of Senoia in Coweta County and providing a new charter for said city so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

SR 193. By Senator Holloway of the 12th:
A resolution creating the Long Distance Telecommunications Study Committee.
Referred to Committee on Rules.

SR 196. By Senators Dawkins of the 45th, Holloway of the 12th and Peevy of the 48th:
A resolution requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implemen tation of a system for marking the location of fire hydrants by the place ment of blue reflective markings on state and county roads.
Referred to Committee on Transportation.

SR 197. By Senator Barker of the 18th:
A resolution urging the Department of Medical Assistance to return to the pre-April, 1984, method of Georgia providers delivering care and materials in the eyeglass program.
Referred to Committee on Human Resources.

SR 199. By Senators Scott of the 2nd, Langford of the 35th, Hudgins of the 15th and others:
A resolution relative to child sexual abuse protocols in DeKalb County, Houston County, Hall County, Spalding County, Cobb County and Lowndes County.
Referred to Committee on Children and Youth.

SR 201. By Senators Kidd of the 25th, Kennedy of the 4th, Bowen of the 13th and Garner of the 30th:
A resolution creating the Law Enforcement Officer Salary Incentive Study Committee.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE

SR 203. By Senator Garner of the 30th: A resolution relative to Youth Art Month in Georgia.
Referred to Committee on Children and Youth.

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

HB 27. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses.
Referred to Committee on Children and Youth.

HB 59. By Representative Bray of the 91st:
A bill to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court.
Referred to Committee on Judiciary and Constitutional Law.

HB 64. By Representative Bray of the 91st:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution.
Referred to Committee on Judiciary.

HB 82. By Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th and others:
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.
Referred to Committee on Insurance.

HB 173.

By Representative Evans of the 84th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to assessment of costs of judi cial processes involving financial institutions, so as to provide that finan cial institutions shall have at least five business days in which to respond

TUESDAY, FEBRUARY 26, 1985

1609

to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time.
Referred to Committee on Judiciary.

HB 272. By Representative Milam of the 81st:
A bill to amend Code Section 33-23-2 of the Official Code of Georgia Annotated, relating to licenses required to write or issue insurance, so as to provide that insurers from out of state who conduct mail-order busi ness in this state shall be required to include certain information in all advertisements made or policies of life or accident and sickness insurance issued in this state.
Referred to Committee on Insurance.

HB 314. By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to pro vide for editorial revision; to define certain terms; to delete the require ment of approval by the Secretary of State of appointments to the Geor gia Real Estate Commission.
Referred to Committee on Industry and Labor.

HB 388. By Representative Ross of the 82nd:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive di rector and employees of the commission and their membership in the State Merit System of Personnel Administration.
Referred to Committee on Education.

HB 464. By Representatives Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council.
Referred to Committee on Public Safety.

HB 487. By Representatives Childers of the 15th, Chambless of the 133rd, Hooks of the 116th and others:
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; to clarify state residency requirements for pregnant women seeking neces sary emergency services and to provide for obligations of hospitals with regard to such services.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

HB 501. By Representative Dixon of the 151st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality.
Referred to Committee on Urban and County Affairs (General).

HB 539. By Representatives Pettit of the 19th and Hanner of the 131st:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records.
Referred to Committee on Judiciary and Constitutional Law.

HB 564. By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-50 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes on wine; to establish excise taxes upon the first sale, use, or final delivery within this state of all table wines.
Referred to Committee on Consumer Affairs.

HB 590. By Representative Murphy of the 18th:
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 provide that the sales and use tax shall not apply to certain items which will be used by carriers who are both common carriers and contract carriers.
Referred to Committee on Banking and Finance.

HB 615. By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.
Referred to Committee on Human Resources.

HB 624.

By Representatives Kilgore of the 42nd and Crosby of the 150th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collec tion of income tax at the source, so as to authorize the state revenue

TUESDAY, FEBRUARY 26, 1985

1611

commissioner to promulgate rules and regulations setting out circum stances under which employers shall be required to submit to the com missioner copies of income tax withholding exemption certificates re ceived from their employees.
Referred to Committee on Banking and Finance.

HB 625. By Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the 11th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers.
Referred to Committee on Appropriations.

HB 649. By Representatives Williams of the 6th, Kilgore of the 42nd and Burruss of the 20th:
A bill to amend Article 4 of Chapter 6 of the Official Code of Georgia Annotated, relating to taxation of financial institutions, so as to specify the types of financial institutions subject to state and local taxation; to change the maximum rate of county and municipal taxation of financial institutions; to change the rate of state taxation of financial institutions.
Referred to Committee on Banking and Finance.

HB 650. By Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relat ing to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met.
Referred to Committee on Agriculture.

HB 695. By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th and Greer of the 39th:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner.
Referred to Committee on Insurance.

HB 794. By Representative Murphy of the 18th:
A bill to amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equalization grants.
Referred to Committee on Appropriations.

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JOURNAL OF THE SENATE

HR 122. By Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th and others:
A resolution creating the Atlanta Charter Review Study Committee. Referred to Committee on Rules.

HR 171. By Representatives Walker of the 115th, Groover of the 99th and Mur phy of the 18th:
A resolution creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission.
Referred to Committee on Judiciary.

HR 219. By Representative Carter of the 146th:
A resolution authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien County.
Referred to Committee on Public Utilities.

HR 200. By Representative Ramsey of the 3rd: A resolution designating the Charlie Kendrick Memorial Bridge.
Referred to Committee on Transportation.

HR 220. By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island 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, im provement, and replacement of a fishing pier to be built over, under, across, or through such state owned property.
Referred to Committee on Public Utilities.

HR 281. By Representatives Holmes of the 28th, McKinney of the 35th and Alien of the 127th:
A resolution condemning the Iranian persecution of members of the Bahai religious faith.
Referred to Committee on Rules.

HB 927.

By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provided that in Houston County, in addition to the county seat, branch offices may be

TUESDAY, FEBRUARY 26, 1985

1613

established by the governing authority of the county for the conduct of matters pertaining to education.
Referred to Committee on Urban and County Affairs.

HB 928. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County.
Referred to Committee on Urban and County Affairs.

HB 929. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 create a special court in Houston County.
Referred to Committee on Urban and County Affairs.

HB 930. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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 Hous ton County Development Authority.
Referred to Committee on Urban and County Affairs.

HB 931. By Representatives Mueller of the 126th and Chance of the 129th:
A bill to authorize the government 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.
Referred to Committee on Urban and County Affairs.

HB 933. By Representative Ross of the 82nd:
A bill to amend an Act creating the board of commissioners of Lincoln County, so as to change the compensation of the chairman of the board of commissioners of Lincoln County.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 935. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to provide for a bid system for purchases and contracts by the county.
Referred to Committee on Urban and County Affairs.

HB 937. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
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 Rome-Floyd County Development Authority and provisions for its powers, authorities, funds, purposes, and procedures connected therewith.
Referred to Committee on Urban and County Affairs.

HB 941. By Representatives Lawler of the 20th, Cooper of the 20th, Aiken of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the amount of the bond which the clerk of the state court shall post.
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 bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 226. HR 22. HR 51.

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

HR 99. HR 113. HR 119.

Do not pass. Do pass. Do pass.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

TUESDAY, FEBRUARY 26, 1985

1615

SR 184. HB 436. HB 491. HB 643.

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

HB 679. Do pass by substitute. HB 681. Do pass. HB 761. Do pass. Respectfully submitted, Senator Kidd of the 25tti 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 83. Do pass. HB 239. Do pass by substitute.

HB 346. Do pass by substitute. HB 737. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

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

SR 186. SR 187. HR 27.

Do pass. Do pass. Do pass.

HR 214. HB 277. HB 507.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 301. Do pass.

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HB 461. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 2. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th 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 577. HB 609. HB 733. HB 785. HB 823. HB 833. HB 834.

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

HB 851. HB 854. HB 855. HB 856. HB 857. HB 869. HB 870.

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 bill of the House was read the second time:

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.

TUESDAY, FEBRUARY 26, 1985

1617

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 Coleman Deal Dean

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton 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 answering were Senators:

Coverdell Dawkins

Greene Howard

Hudgins

Senator Broun of the 46th introduced the chaplain of the day, Reverend Franklin C. Ferguson, pastor of Emanuel Episcopal Church, Athens, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 198. By Senators Barnes of the 33rd and Starr of the 44th: A resolution expressing regrets at the passing of Mr. Walter Estes.

SR 200.

By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A resolution recognizing and commending Oscar Leon Davis.

SR 202.

By Senator Foster of the 50th:
A resolution commending the Clarkesville Lions Club on the celebration of its fiftieth anniversary of community service.

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SR 204. By Senator Garner of the 30th: A resolution commending Mr. Harold James Sullivan.

SR 205. By Senator Garner of the 30th: A resolution commending Virginia F. Little.

SR 206. By Senator Fincher of the 54th: A resolution commending Dalton High School.

SR 207. By Senator Coleman of the 1st: A resolution recognizing Robert Sullivan Downing.

SR 208. By Senator Ray of the 19th: A resolution expressing regret at the passing of David Clifton Anderson.

HR 261.

By Representatives Childs of the 53rd, Murphy of the 18th and Couch of the 40th:
A resolution commending the Georgia participants in the Summer Games of the 1984 Olympics and inviting them to appear before the General Assembly.

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 26, 1985
THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 270 Reddish, 6th City of Jesup Wayne County
To amend Act creating new charter; changes provisions relating to elec tion of mayor and other members of board of commissioners; provides for election districts; provides for practices and procedures connected with city elections; provides for residency requirements.

TUESDAY, FEBRUARY 26, 1985

1619

HB 604 Kennedy, 4th Tattnall County
To amend Act creating board of commissioners; provides for board of commissioners.

HB 781

Engram, 34th Fayette County
To provide that school superintendent of Fayette County School District shall be appointed by board of education rather than elected; provides that current school superintendent shall serve out term for which he was elected.

HB 791

Baldwin, 29th Garner, 30th Carroll County
To amend Act establishing State Court of Carroll County; changes com pensation of judge and solicitor; provides that judge shall be full-time judge.

HB 798 Engram, 34th City of Peachtree City Fayette County
To amend Act creating and incorporating city; changes provisions on the power of mayor to vote on questions before city council; changes provi sions relating to vetoes by mayor.

HB 817 Trulock, 10th Bowen, 13th Colquitt County
To amend Act creating State Court; changes provisions relating to salary of judge and solicitor of said court.

HB 838 Cobb, 28th City of Newnan Coweta County
Continues amendment which authorizes City of Newnan and its Board of Water, Sewerage, and Light Commission, to combine and operate the city's water, sewerage, and electricity systems.

HB 839 Cobb, 28th City of Newnan Coweta County
Continues amendment which designates Board of Water, Sewerage, and Light Commission of City of Newnan as the sole operational governing authority of the utility systems of the City of Newnan.

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HB 843 Foster, 50th Union County
Amends Act providing for vacancies on board of Union County Hospital Authority; changes manner of filling vacancies and provides for terms of office.

HB 844 Foster, 50th Union County
Amends Act reincorporating City of Blairsville; changes month in which city council organizational meetings are held; changes certain provisions regarding transfer of executions.

HB 853

Dean, 31st Polk County
Amends Act creating Polk County Water Authority; changes provisions relating to compensation of members of 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 Barnes Bond Bowen Brannon
Bfraoun %of A46Mth Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Harris
HHianrenSn Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips j^ay Reddish
SS,,ccootttt ooff,. 23, n6,dth, ,tarr
Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Fincher

Greene McKenzie

Stumbaugh Tolleson

TUESDAY, FEBRUARY 26, 1985

1621

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.

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 175.

By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith.

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

HB 175. By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith.
Referred to Committee on Children and Youth.

SENATE RULES CALENDAR
Tuesday, February 26, 1985
THIRTY-THIRD LEGISLATIVE DAY
SB 126 Public Service Commission--inspect certain parent corporation records of public utilities (Pub U--2nd)
SB 132 Indigent Pregnant Women in Active Labor--hospital care (SUBSTI TUTE) (Hum R--llth)
SB 182 Handicapped Parking Violation--towing paid by person leasing vehi cle (SUBSTITUTE) (Judy--50th)
SB 207 County Boards of Education--certain exceptions in transacting busi ness (Ed--48th)

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SB 212 Criminal Trespass--provisions when armed (SUBSTITUTE) (Judy--52nd)
SB 214 Shipper, Carrier of Hazardous Materials--regulate (Pub U--22nd)
SB 243 Billiard Rooms--alcoholic beverage sale certain eating establish ments (C Aff--33rd)
SB 252 Post-Mortem Examination--coroner receiving notice of suspicious death (SUBSTITUTE) (Hum R--28th)
SB 253 Law Enforcement Officer Appreciation Day--February 10, each year (AMENDMENT) (Pub Saf--13th)
SB 258 Alcoholic Beverage Sale by Drink--prohibit 2 for 1 (C Aff--17th)
SB 263 Public Service Commission--prudency determinations on certain nu clear generating facilities (Pub U--41st)
SB 264 Piedmont Judicial Circuit Superior Court--additional judge (J&CL-48th)
SB 266 Bad Checks--no prosecution when payment made by accused (J&CL--26th)
SB 267 Pharmacist--continuing education for license renewal (SUBSTI TUTE) (Hum R--42nd)
SB 268 Food Service Establishment--redefine (Ag--24th)
SB 269 Industrial Authority--power relating to issuance of revenue bonds (U&CA G--20th)
SR 160 Cardiopulmonary Resuscitation (CPR)--encourage schools to con tinue teaching programs (Ed--28th)
SR 168 Brantley County--conveyance of certain state-owned property (Pub U--6th)
HB 622 Medical Student Loans--amount determined by Medical Education Board (H Ed--54th)
HB 635 Cherokee Judicial Circuit Superior Court Judges--supplementary compensation (Judy--52nd)
HB 456 Health Care Benefit Providers--jurisdiction of certain ones (AMENDMENTS) (Ins--55th)
HR 154 Roadside Vendors--urge city, county governing authorities to regu late (U&CA G--43rd)
HB 684 Certain State Representative Districts--change composition (Gov Op--25th)
HB 560 Insurers--fees for filing application for certificate of authority (Ins--48th)
HB 369 Day-Care Homes, Centers--subject to Safety Fire Commissioner regulations (C&Y--23rd)
HB 368 Landmark Museum Buildings--change safety requirements (ED &T--56th)
HB 645 Kidney Disease Advisory Committee--change membership (Hum R--42nd)

TUESDAY, FEBRUARY 26, 1985

1623

HB 88 Judicial Assistance from Other Courts--Governor may appoint in terim judge (Judy--33rd)
HB 542 Municipal Courts--costs for law libraries (SUBSTITUTE) (Judy--52nd)
HB 358 Correctional Industries Administration--participate in self-insurance program (Ins--22nd)
HB 159 Death Penalty--court fix 7 day period of time to carry out (Judy--33rd)
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 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.

Senator Scott of the 2nd moved that SB 126 be committed to the Senate Commit tee on Public Utilities.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 126 was committed to the Senate Committee on Public Utilities.

SB 132. By Senators Timmons of the 11th, 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.

The Senate Committee on Human Resources offered the following substitute to SB 132:

A BILL To be entitled an Act to amend Chapter 8 of Title 31 of the Official

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Code of Georgia Annotated, relating to hospital care for indigent and eld erly patients, so as to change legislative purposes; to provide for definitions; to clarify state residency requirements for pregnant women seeking neces sary emergency services and to provide for obligations of hospitals with re gard to such services; to provide for standards of indigency; to provide for health care advisory officers and their powers and duties; to provide for hos pital determinations and notifications concerning payment by certain pro grams and insurance of costs of care of pregnant women; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents and provide for interest on unpaid bills; to provide for forms; to provide for obligations of pregnant women who receive services under this article; to provide liability for certain costs of care; to provide for notices and for failure to sign them; to provide for liability of fathers and certain other persons for costs of care; to provide for liability of putative fathers of illegitimate children; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for mal practice and civil liability; to provide for Department of Human Resources investigations, compliance orders, civil and other penalties, and license sus pension or revocation; to provide for rules and regulations; to provide for other rights and remedies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to hospital care for indigent and elderly patients, is amended by striking Article 2A, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows:
"ARTICLE 2A
31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, dis abling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General As sembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that:
(1) No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;
(2) Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and
(3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to estab lish a general health insurance program for all pregnant indigent women.

TUESDAY, FEBRUARY 26, 1985

1625

31-8-41. As used in this article, the term:
(1) 'Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for ser vices rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hos pital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by the father of the child, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar fed eral, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respec tively, of the payment amount so received and exclude that amount from the definition of 'cost of care.' When a hospital renders care to a woman who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and cus tomarily provides that care, 'cost of care' means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the woman's county of residence, unless there is more than one such hospital, in which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence.
(2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3) 'Indigency' means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-8-43.
(4) 'Patient' means a pregnant woman who receives services under this article.
(5) 'Resident of the county' means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19.
31-8-42. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customa rily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information fur nished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, aller-

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JOURNAL OF THE SENATE

gies, previous births, general health information, and other such informa tion as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hos pital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented her self shall:
(1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the informa tion furnished the hospital by the pregnant woman, including such infor mation as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such in formation as the pregnant woman may furnish the hospital;
(2) Contact an appropriate receiving hospital and notify such hospi tal that the patient is in transit;
(3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's history and condition.
The transfer shall not be authorized until the physician considers the pa tient sufficiently stabilized for transport.
31-8-43. (a) The commissioner of human resources shall adopt state wide standards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsec tion. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those pa tients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those stan dards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection.
(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the gov erning authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health care advisory officer or to provide to the commissioner

TUESDAY, FEBRUARY 26, 1985

1627

or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article.
(c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims indigency, the chief ad ministrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determi nation to the health care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief admin istrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of ser vices may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other gov ernmental or public agency pursuant to any federal, state, or local pro gram or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a de termination of indigency of the patient. As soon as practicable after re ceiving such notification but not later than 60 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient meets the indigency standards or if the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in each hospital rendering the emergency services. In such event, each hospital and physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care. It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amount plus, if that billed amount is not paid by the county within 120 days after the mailing of a request for a determination of indigency, in terest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes.
(d) To the end that the certifications of indigency required by sub section (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent.
(e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursu ant to this subsection.

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31-8-43.1. (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to:
(1) Be liable to any county which pays all or any part of that pa tient's cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 per cent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's pay ments for cost of care;
(2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooper ate with the county in obtaining any such benefits to repay the county;
(3) Cooperate with any county paying any part of that patient's cost of care in identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and
(4) Cooperate with any county paying any part of that patient's cost of care in applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other fed eral, state, or local governmental program for which the patient may be eligible.
(b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise re quired to be provided under this article unless the patient at the time of admission refuses to sign a document, in such form as the commissioner shall prescribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraphs (1) through (4) of subsection (a) of this Code section unless waived by the county health care advisory officer.
(c) Except as provided in subsection (b) of this Code section, the father of a patient's child who is delivered by a hospital as required by this article and any other person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law. Nothing in this article shall be construed to require the putative father of a patient's

TUESDAY, FEBRUARY 26, 1985

1629

illegitimate child delivered by a hospital as required by this article to pay cost of care therefor unless that putative father legitimates that child pursuant to subsection (c) of Code Section 19-7-20 or pursuant to Code Section 19-7-22 or that putative father is determined to be the father in a paternity action brought pursuant to Article 3 of Chapter 7 of Title 19.
(d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care.
(e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination.
31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malprac tice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this arti cle. No action shall be brought in connection with treatment rendered under this Code section without a specific allegation of gross negligence or willful failure to comply.
31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief.
31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall im mediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall im mediately order the hospital to comply with that Code section.
(b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources.
(d) The Department of Human Resources is authorized and directed

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to promulgate appropriate rules and regulations for the enforcement of this article.
(e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are pro vided by or under any other law."
Section 2. This Act shall become effective on July 1, 1985, and shall apply to health care services delivered on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Timmons of the llth offered the following amendment:

Amend the substitute to SB 132 offered by the Senate Committee on Human Resources by striking from line 1 of Page 5 the following:
"Any",
and inserting in its place the following:
"(a) Except as provided in subsection (b) of this Code section, any".

By inserting between lines 6 and 7 of Page 6 the following:
"(b) In the case of a woman who is a resident of a county within which there is located a hospital which usually and customarily provides the emergency services required under subsection (a) of this Code sec tion, this Code section shall not apply to a hospital located outside the woman's county of residence unless:
(1) That hospital within the woman's county of residence has failed or refused to provide her the emergency services required by this article;
(2) That hospital has transferred the patient to a hospital outside the patient's county of residence as authorized by subsection (a) of this Code section; or
(3) The onset of active labor begins outside the woman's county of residence."

On the adoption of the amendment, Senator Timmons of the 11th called for the yeas and nays; the call was sustained, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1985

1631

Those voting in the affirmative were Senators:

Bowen
Brannon Brown of 47th Bryant
Cobb Dawkins Deal
English

Fincher Foster Gillis Huggins Kennedy Kidd McGill

Those voting in the negative were Senators:

McKenzie Peevy Perry Ray Reddish Timmons Turner

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Burton Coleman Coverdell Dean

Engram Garner Greene Harris Harrison Mine Holloway Horton Howard Hudgins Land

Langford Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Tysinger Walker

On the adoption of the amendment offered by Senator Timmons of the llth, the yeas were 22, nays 34, and the amendment was lost.

Senators Hine of the 52nd and Garner of the 30th offered the following amendment:

Amend the substitute to SB 132 offered by the Senate Committee on Human Resources by striking lines 1 through 28 of Page 1 and inserting in their place the following:
"To amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to hospital care for indigent and elderly patients, so as to enact a new Article 1A thereof, relating to emergency services for certain persons, and to substantially revise Article 2A thereof, relating to emer gency services for pregnant women; to provide for legislative purposes; to provide for definitions; to provide for state residency requirements for cer tain persons seeking necessary emergency services and to provide for obliga tions of hospitals with regard to such services; to provide for standards of indigency; to provide for health care advisory officers and their powers and duties; to provide for hospital determinations and notifications concerning payment by certain programs and insurance of costs of care of certain per sons; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents and provide for interest on unpaid bills; to provide for forms; to provide for obligations of persons who receive

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services under this Act; to provide liability for certain costs of care; to pro vide for notices and for failure to sign them; to provide for liability of cer tain other persons for costs of care; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for malpractice and civil liability; to provide for Department of Human Re sources investigations, compliance orders, civil and other penalties, and li cense suspension or revocation; to provide for rules and regulations; to pro vide for other rights and remedies; to provide for applicability to provide an effective date; to repeal conflicting laws; and for other purposes."

By adding between lines 1 and 2 of Page 2 the following:
"Section 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for indigent and elderly patients, is amended by adding after Article 1 thereof a new Article 1A to read as follows:
'ARTICLE 1A
31-8-20. The General Assembly finds that a number of the citizens of this state are unable to receive the emergency health care services they require because of financial inability to pay therefor and that hospitals should provide such care and counties should assume responsibility for the costs of such care for their residents.
31-8-21. As used in this article, the term:
(1) "Cost of care" means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for ser vices rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hos pital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, other person liable for expenses of the patient, or by insurance, the medical assistance program for the needy, any similar fed eral, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respec tively, of the payment amount so received and exclude that amount from the definition of "cost of care." When a hospital renders care to a patient who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that patient a hospital which usually and cus tomarily provides that care, "cost of care" means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement

TUESDAY, FEBRUARY 26, 1985

1633

rate shall be that Medicaid rate for such care in the hospital of the pa tient's county of residence, unless there is more than one such hospital, in which event the rate shall be the average Medicaid rate for such care in all hospitals of the patient's county of residence.
(2) "Hospital" means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3) "Indigency" means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-8-23.
(4) "Patient" means a person who receives services under this article.
(5) "Resident of the county" means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19.
31-8-22. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any person who is a resident of this state and who comes to that hospital in need of such service, if those services are usually and customarily pro vided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the person. If, in the medical judgment of the physician re sponsible for the emergency service, the hospital must transfer the pa tient because the hospital is unable to provide appropriate treatment, the hospital where the patient has come for services shall:
(1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the informa tion furnished the hospital by the person;
(2) Contact an appropriate receiving hospital and notify such hospi tal that the patient is in transit;
(3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's history and condition.
The transfer shall not be authorized until the physician considers the pa tient sufficiently stabilized for transport.
31-8-23. (a) The commissioner of human resources shall adopt state wide standards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsec tion. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those pa tients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those stan-

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dards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection.
(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the gov erning authority of each county, by resolution, shall designate a person, to be known as the health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health care advisory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article.
(c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-22, and when such patient claims indigency, the chief ad ministrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determi nation to the health care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief admin istrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of ser vices may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other gov ernmental or public agency pursuant to any federal, state, or local pro gram or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a de termination of indigency of the patient. As soon as practicable after re ceiving such notification but not later than 60 days thereafter, the health care advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health care advisory officer determines that the patient meets the indigency standards or if the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in each hospital rendering the emergency services. In

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1635

such event, each hospital and physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care. It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amount plus, if that billed amount is not paid by the county within 120 days after the mailing of a request for a determination of indigency, in terest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes.
(d) To the end that the certifications of indigency required by sub section (c) of this Code section may be expedited, it shall be the duty of each county health care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent.
(e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health care advisory officers, and hospitals to use the forms promulgated by the commissioner pursu ant to this subsection.
31-8-24 (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to:
(1) Be liable to any county which pays all or any part of that pa tient's cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-23 and a patient who meets the indigency standards based upon less than 100 per cent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's pay ments for cost of care;
(2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooper ate with the county in obtaining any such benefits to repay the county; and
(3) Cooperate with any county paying any part of that patient's cost of care in applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other fed eral, state, or local governmental program for which the patient may be eligible.
(b) The failure of a patient to cooperate as required by paragraphs (2) and (3) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2) and (3) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise required to be pro-

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vided under this article unless the patient at the time of admission re fuses to sign a document, in such form as the commissioner shall pre scribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraph (1) through (3) of subsection (a) of this Code section unless waived by the county health care advisory officer.
(c) Except as provided in subsection (b) of this Code section, any person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law.
(d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care.
(e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination.
31-8-25. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malprac tice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this arti cle. No action shall be brought in connection with treatment rendered under this Code section without a specific allegation of gross negligence or willful failure to comply.
31-8-26. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-22, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief.
31-8-27. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-22 is in progress, the department shall im mediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall im mediately order the hospital to comply with that Code section.
(b) If a hospital violates Code Section 31-8-22, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil

TUESDAY, FEBRUARY 26, 1985

1637

penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c) Any hospital held to be in violation of Code Section 31-8-22 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources.
(d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article.
(e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are pro vided by or under any other law.
31-8-28. The provisions of this article shall not apply to any preg nant woman authorized to receive services under Article 2A of this chap twero,mbaunt.'"those provisions of Article 2A shall apply to such pregnant

By striking lines 2 through 7 of Page 2 and inserting in their place the following:
"Section 2. Said chapter is further amended by striking Article 2A, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows:"
By striking from line 24 of Page 13 the following: "Section 2",
and inserting in its place the following: "Section 3".
By striking from line 27 of Page 13 the following: "Section 3",
and inserting in its place the following: "Section 4".
On the adoption of the amendment offered by Senators Hine of the 52nd and Garner of the 30th, Senator Barnes of the 33rd 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:

Albert
Allgood Barnes Bond
Brantley Broun of 46th
Burton Coleman
Coverdell Dawkins
Deal

Engram Garner Harrison Hine Horton Howard Hudgins Land Langford Peevy

Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Tysinger Walker

Those voting in the negative were Senators:

Baldwin Barker Bowen Brannon Brown of 47th Bryant Cobb Dean English

Fincher Foster Gillis Greene Harris Holloway Huggins Kennedy

Kidd McGill McKenzie Perry Ray Reddish Tirnmons Turner

On the adoption of the amendment offered by Senators Hine of the 52nd and Garner of the 30th, the yeas were 31, nays 25, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 6, and the substitute was adopted as amended.

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

Burton Coleman Coverdell Dawkins Deal Dean Engram Fincher Foster Garner Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

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1639

McGill McKenzie Peevy Perry Phillips

Reddish Scott of 2nd Starr Stumbaugh Tate

Timmons Tolleson Turner Tysinger Walker

Those voting in the negative were Senators:

Bryant Cobb

English Gillis

Kennedy Ray

Not voting were Senators Scott of 36th and Trulock.

On the passage of the bill, the yeas were 48, nays 6.

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

Senator Peevy of the 48th introduced the doctor of the day, Dr. John Nisbet, of Duluth, Georgia.

The following resolution of the Senate was read and adopted:

SR 209.

By Senator Trulock of the 10th:
A resolution inviting Camille Bentley to the Senate and congratulating her upon her selection and service as Miss Georgia 1984.

Senator Trulock of the 10th introduced Miss Georgia 1984, Camille Bentley, who briefly addressed the Senate.

The following bills of the House and Senate were taken up for the purpose of considering the House action thereon:

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.

Senator Walker of the 43rd moved that the Senate adhere to the Senate substitute to HB 36, and that a Conference Committee be appointed.

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On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 36.

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

Senators Walker of the 43rd, Tysinger of the 41st and Bond of the 39th.

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.

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House substitute to SB 82, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 82.

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

Senators Foster of the 50th, Barnes of the 33rd and Starr of the 44th.

Senator Dean of the 31 st gave notice that, at the proper time, he would move to disagree with the committee report which was adverse to the adoption of the following resolution of the House:

HR 99. By Representative Johnson of the 72nd:
A resolution compensating Mr. David M. Burns in the amount of $1,054.19.

TUESDAY, FEBRUARY 26, 1985

1641

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

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.

Senator McGill of the 24th moved that the Senate recede from the Senate amend ment to HB 254.

On the motion, 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 Coleman

Coverdell Deal Foster Gillis Harrison Hine Horton Muggins Kennedy Kidd Land

McGill McKenzie Perry Phillips Ray Reddish Scott of 36th Stumbaugh Timmons Trulock Turner

Those voting in the negative were Senators:

Bond Broun of 46th Cobb Engram

Garner Langford Peevy Starr

Tolleson Tysinger Walker

Those not voting were Senators:

Dawkins Dean English Fincher

Greene Harris Holloway Howard

Hudgins Scott of 2nd Tate

On the motion, the yeas were 34, nays 11; the motion prevailed, and the Senate receded from the Senate amendment to HB 254.

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Senator Barnes of the 33rd moved that the Senate consider in open session at this time the appointments submitted by His Excellency, Governor Joe Frank Harris, in communications to the Senate on January 24, 1985 and February 13, 1985, which are included in the Journals of January 24 and February 13.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually. The consent was granted.

The Committee on Education submitted the following report which was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 22, 1985
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Education Committee met Tuesday, February 19th, 1985, to consider the Governor's appointees to the State Board of Education and voted unanimously to recommend the confirmation of the following:
Mr. Larry A. Foster, of Clayton County, District 6, for the term of office beginning January 15, 1985 and ending January 1st, 1992.
Mr. Hollis Q. Lathem, of Cherokee County, District 9, for the term of office beginning January 15, 1985 and ending January 1st, 1992.
Mr. Bobby Carrell, of Walton County, District 10, for the term of office beginning January 15, 1985 and ending January 1st, 1992.
Mrs. Juanita Powell Baranco, of DeKalb County, District 4, for the term of office beginning January 15, 1985 and ending January 1st, 1992.
Sincerely yours,
/s/ John C. Foster

The Committee on Higher Education submitted the following report which was read by the Secretary:

TUESDAY, FEBRUARY 26, 1985

1643

THE STATE SENATE Atlanta
February 15, 1985
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met and considered the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the follow ing appointees be confirmed:
The Honorable Thomas H. Frier of Coffee County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 13, 1985 and ending January 1, 1992.
The Honorable Carolyn Dunbar Yancey of Fulton County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 8, 1985 and ending January 1, 1992.
The Honorable Edgar L. Rhodes of Haralson County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 8, 1985 and ending January 1, 1992.
Sincerely,
/s/ W. W. Fincher, Jr. Chairman, Senate Higher Education Committee

No Senator requested the name of any appointee be deleted.

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

Those voting in the affirmative were Senators:

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

Cobb Coleman Coverdell Deal Dean English Engram Fincher Foster Garner Gillis Harrison Hine

Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill Peevy Perry Phillips Ray

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Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Timmons

Turner Tysinger Walker

Those not voting were Senators:

Dawkins Greene Harris

Hudgins McKenzie Tate

Tolleson Trulock

On the motion, the yeas were 48, nays 0; the motion prevailed, and all of the appointees were confirmed.

On the confirmation of the above appointees, the following communications were sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 February 26, 1985
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on January 24, 1985, were acted upon by the Georgia State Senate in session on February 26, 1985, with the following results:
Honorable Gregory C. Ellison, C.P.A., of Fulton County as a member of the State Board of Accountancy, for the term of office beginning October 2, 1984, and ending June 30, 1985. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

TUESDAY, FEBRUARY 26, 1985

1645

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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee as confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Paul E. Smith, D.D.S., of Polk County as a member of the

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Georgia Board of Dentistry, for the term of office beginning August 13, 1984, and ending March 15, 1989. The vote on this nominee was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Educa tion, for terms beginning 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. The vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirma tion was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable James W. Furlow of DeKalb County as a member of the State Board of Registration for Professional Geologists, for the term of of-

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fice beginning January 3, 1985, and ending November 24, 1988. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable David P. Willis of Cobb County as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office begin ning March 15, 1984, and ending July 1, 1985. The vote on this confirma tion was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Re sources, for terms beginning 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Industry and Trade, for terms beginning 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984, and ending July 1, 1988: How ard George Vigrass, M.D., of Marion County; Ernest Joseph Jones, M.D., of Fulton County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Joint Board of Family

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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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Joint Board of Family Practice, for terms beginning July 1, 1984, and ending July 1, 1990: An drew Paul Morley, Jr., M.D., of DeKalb County; John Edward Fowler, M.D., of Rabun County; Joseph Wade Tollison, M.D., of Richmond County. The vote on this confirmation was yeas 48, nays 0, and nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Donald L. Branyon, Jr., M.D., of Clarke County as a mem ber of the Composite State Board of Medical Examiners, for the term of office beginning December 4, 1984, and ending September 1, 1988. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Natural Re sources, for terms beginning 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this con firmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Nursing Home Administrators, for terms beginning October 2, 1984, and

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ending June 4, 1987: Percy Hodges of Candler County; William Levinsohn of Muscogee County; Harvey R. Bauguess of Fulton County. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Oc cupational Therapy, for terms beginning June 6, 1984, and ending Decem ber 31, 1985: Mary Ellen Hill of DeKalb County; Barbara E. Grant of DeKalb County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Joseph Smith Eason, Jr., of Meriwether County as a mem ber of the Georgia Board of Occupational Therapy, for the term beginning June 6, 1984, and ending December 31, 1987. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirma tion was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Offender Re habilitation, for terms beginning August 15, 1984, and ending July 1, 1989:

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1651

Charles L. Gordon of Chatham County; Charles D. Hudson of Troup County; G. Robert Carter of Lowndes County. The vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Examiners in Optometry, for terms beginning April 25, 1984, and ending September 6, 1986: Frank S. Gibson, O.D., of Upson County; William L. Dobbs, O.D., of Newton County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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,

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1984, and ending June 30, 1986. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this con firmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Lawrence W. Talley of Cobb County as a member of the State Board of Polygraph Examiners, for the term of office beginning April 25, 1984, and ending July 15, 1989. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Jean W. Humphrey of Fulton County as a member of the

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1653

State Board of Examiners of Psychologists, for the term of office beginning October 3, 1984, and ending July 1, 1985. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confir mation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Recrea 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Exam iners for Speech Pathology and Audiology, for terms beginning June 6,

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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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Thomas Edward Wood, Jr., of Fulton County as a member of the State Board of Examiners of Speech Pathology and Audiology, for the term of office beginning June 24, 1984, and ending June 24, 1987. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Regents of the University System of Georgia, for terms beginning January 8, 1985, and ending January 1, 1992: Carolyn Dunbar Yancey of Fulton County; Edgar L. Rhodes of Haralson County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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, 1987: Cathy Norwood of Bartow County; Phillip F. Sullivan of Bibb County; James H. Marks of Chattooga County. The vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Don Knowles of Henry County as a member of the State

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Board of Workers' Compensation, for the term of office beginning March 15, 1984, and ending January 12, 1988. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 February 26, 1985
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 13, 1985, were acted upon by the Georgia State Senate in session on February 26, 1985, with the following results:
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. The vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Thomas H. Frier of Coffee County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 13, 1985, and ending January 1, 1992. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

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

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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.

The Senate Committee on Judiciary offered the following substitute to SB 182:

A BILL
To be entitled an Act 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 the owner of a vehicle, including a leased or rented vehicle, shall be responsible for the payment of towing and storage expenses; to provide for the collection of such expenses from the owner of a leased or rented vehicle under certain conditions; to authorize the owner of a leased or rented vehicle to collect such expenses from the opera tor of the vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-225 of the Official Code of Georgia Anno tated, relating to offenses and penalties pertaining to handicapped parking, is amended by striking subsection (g) of said Code section in its entirety and substituting in lieu thereof of a new subsection (g) to read as follows:
"(g) (1) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words 'Tow-Away Zone' as described in subparagraph (B) of paragraph (1) of Code Sec tion 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle.
(2) The owner of the vehicle, including a leased or rented vehicle, shall be responsible for the payment of towing and storage expenses. Storage expenses may be charged and collected provided written notifica tion to the owner has been given within 24 hours after the vehicle is impounded, by registered or certified mail, return receipt requested. The owner of a leased or rented vehicle shall have the legal authority to col lect for such expenses from the operator of the vehicle."
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.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th Burton Cobb Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Harrison Mine Holloway Horton 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

Those not voting were Senators:

Albert Bowen Brantley Brown of 47th

Bryant Dawkins Greene Harris

Howard Hudgins Tate Walker

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

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

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

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.

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Senator Peevy of the 48th offered the following substitute to SB 207:
A BILL
To be entitled an Act to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of the county board of education and selection of a chairman, so as to provide that the board shall be called together for organization; to allow local Acts to designate the length of a term as chairman of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-57 of the Official Code of Georgia Anno tated, relating to the organization of the county board of education and se lection of a chairman, is amended by striking in its entirety subsection (a) of said Code section and inserting in its place a new subsection (a) to read as follows:
"(a) Upon being called together by some one of their number the members of the county board shall organize by selecting one of their number as chairman, who, unless otherwise provided by local law, shall serve as such during the term for which he was chosen as a member of the county board. The county school superintendent shall act as secretary of the county board, ex officio. A majority of the county board shall con stitute a quorum for the transaction of business. It shall be the duty of the superintendent as secretary to be present at the meetings of the county board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceedings of the county board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, 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 Brannon Brantley

Broun of 46th Brown of 47th Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Harrison Mine Holloway

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1659

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 Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant Fincher

Greene Harris

Kennedy (presiding) Trulock

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

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

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

Mr. President:

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

HB 72. By Representatives Lawler of the 20th, Atkins of the 21st, Johnson of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.

HB 579.

By Representatives Padgett of the 86th and Cheeks of the 89th:
A bill to provide for the membership of the board of the Richmond County Hospital Authority.

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HB 863.

By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the board of education of Tattnall County, so as to provide for members of the board.

HB 944.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act incorporating the Town of Morganton, so as to change the terms of office of the mayor and councilmen.

HB 946.

By Representative Balkcom of the 140th:
A bill to amend an Act creating the State Court of Early County, so as to authorize the governing authority to Early County to appoint a quali fied assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Early County with the approval of the district attorney of the Pataula Judicial Circuit.

HB 947.

By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County.

HB 950.

By Representative Lord of the 107th:
A bill to amend an Act placing the tax commissioner of Washington County upon an annual salary, so as to change the compensation of the tax commissioner.

HB 951.

By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend an Act placing the judge of the Probate Court of John son County on a salary system, so as to provide for clerical assistance for that judge.

HB 954.

By Representative Lord of the 107th:
A bill to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of councilmen.

HB 955.

By Representatives Workman of the 51st, Robinson of the 58th, Rich ardson of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of an additional assistant solicitor of said court.

TUESDAY, FEBRUARY 26, 1985

1661

HB 956.

By Representatives Wilson of the 20th, Cooper of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.

HB 958.

By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen.

HB 959.

By Representative Lane of the lllth:
A bill to reincorporate and provide a new charter for the City of Oliver in Screven County.

HB 960.

By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change provi sions relating to the compensation of the deputy sheriffs, special deputy sheriffs, and secretary employed by the sheriff of Irwin County.

HB 961.

By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the chairman and other members of the board of commissioners.

HB 965.

By Representatives Thompson of the 20th, Cooper of the 20th, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.

HB 967.

By Representatives Alien of the 126th, Triplett of the 128th, Kingston of the 125th and others:
A bill to provide for the compensation of the judges of the Recorder's Court of Chatham County.

HB 970.

By Representative Crosby of the 150th:
A bill to provide for reapportionment of the board of education of Clinch County.

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

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SB 236. By Senator McKenzie of the 14th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to provide for the membership of the board of commission ers; to provide for election districts; to provide for elections; to provide for a chairman and a vice chairman; to provide for current members; to pro vide for submission under the federal Voting Rights of 1965.

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.

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

HB 72. By Representatives Lawler of the 20th, Atkins of the 21st, Johnson of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.
Referred to Committee on Urban and County Affairs.

HB 579. By Representatives Padgett of the 86th and Cheeks of the 89th:
A bill to provide for the membership of the board of Richmond County Hospital Authority. Referred to Committee on Urban and County Affairs.

HB 863. By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the board of education of Tattnall County, so as to provide for members of the board.
Referred to Committee on Urban and County Affairs.

HB 944. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act incorporating the Town of Morganton, so as to change the terms of office of the mayor and councilmen. Referred to Committee on Urban and County Affairs.

HB 946. By Representative Balkcom of the 140th:
A bill to amend an Act creating the State Court of Early County, so as to authorize the governing authority of Early County of appoint a quali-

TUESDAY, FEBRUARY 26, 1985

1663

fied assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Early County with the approval of the district attorney of the Pataula Judicial Circuit.
Referred to Committee on Urban and County Affairs.

HB 947. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, so as to change the compensation of the tax commissioner of Spalding County.
Referred to Committee on Urban and County Affairs.

HB 950. By Representative Lord of the 107th:
A bill to amend an Act placing the tax commissioner of Washington County upon an annual salary, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 951. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend an Act placing the judge of the Probate Court of John son County on a salary system, so as to provide for clerical assistance for that judge.
Referred to Committee on Urban and County Affairs.

HB 954. By Representative Lord of the 107th:
A bill to amend an Act incorporating the Town of Kite in the County of Johnson, so as to change the number of councilmen.
Referred to Committee on Urban and County Affairs.

HB 955. By Representatives Workman of the 51st, Robinson of the 58th, Rich ardson of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the appointment of an additional assistant solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 956. By Representatives Wilson of the 20th, Cooper of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
Referred to Committee on Urban and County Affairs.

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HB 958. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

HB 959. By Representative Lane of the lllth:
A bill to reincorporate and provide a new charter for the City, of Oliver in Screven County.
Referred to Committee on Urban and County Affairs.

HB 960. By Representative Branch of the 137th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change provi sions relating to the compensation of the deputy sheriffs, special deputy sheriffs, and secretary employed by the sheriff of Irwin County.
Referred to Committee on Urban and County Affairs.

HB 961. By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the chairman and other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 965. By Representatives Thompson of the 20th, Cooper of the 20th, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.
Referred to Committee on Urban and County Affairs.

HB 967. By Representatives Alien of the 127th, Triplett of the 128th, Kingston of the 125th and others:
A bill to provide for the compensation of the judges of the Recorder's Court of Chatham County.
Referred to Committee on Urban and County Affairs.

HB 970. By Representative Crosby of the 150th:
A bill to provide for reapportionment of the board of education of Clinch County.
Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 26, 1985

1665

Senator Howard of the 42nd introduced the Georgians who participated in the
Games of the 1984 Olympics and were commended in HR 261, adopted previously today.

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

SB 212.

By Senator Mine 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.

The Senate Committee on Judiciary offered the following substitute to SB 212:

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 make it unlawful while armed with a firearm or other dangerous weapon to enter upon the lands or premises of another if such entry is forbidden and to make it unlawful to remain upon the lands or premises of another after receiving notice to depart; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 12 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by adding between Code Section 16-7-21 and Code Section 16-722 a new Code Section 16-7-21.1 to read as follows:
"16-7-21.1. (a) A person commits the offense of aggravated criminal trespass when he knowingly and without authority:
(1) Enters upon the land or premises of another person after receiv ing, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(2) Remains upon the land or premises of another person after re ceiving notice from the owner, rightful occupant, or, upon proper identifi cation, an authorized representative of the owner or rightful occupant to depart
and is or becomes armed with a firearm or other dangerous weapon at any time during the commission of any act specified in paragraph (1) or (2) of this subsection.
(b) A person convicted of the offense of aggravated criminal trespass

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shall be guilty of a felony and shall be punished by imprisonment for not more than one year or by a fine not to exceed $1,000.00, or both."
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 Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Garner Gillis Greene Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Barker Brannon Bryant

Fincher Foster Harris

Kennedy (presiding) Perry

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

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

TUESDAY, FEBRUARY 26, 1985

1667

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.

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

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 Foster Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins 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:

Coverdell Fincher

Garner Greene

Kennedy (presiding) 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.

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JOURNAL OF THE SENATE

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.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Deal.

Those not voting were Senators:

Barker Greene

Kennedy (presiding)

Scott of 2nd

On the passage of the bill, the yeas were 51, nays 1.

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

TUESDAY, FEBRUARY 26, 1985

1669

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.

The Senate Committee on Human Resources offered the following substitute to SB 252:

A BILL
To be entitled an Act 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 examin ers receive for performing post-mortem examinations; to change the provi sions relating to the duties of the coroner, medical examiner, and peace of ficer with regard to a dead body and the scene of death; to provide procedures for positive identification of dead bodies though dental examina tions, under certain circumstances; to provide for the filing of such dental examinations; to change the provisions relating to persons who may act in absence of coroner and perform the duties of a coroner; 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. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Post-mortem Examination Act," is amended by striking in its entirety subsection (e) of Code Section 45-1622, relating to the authority and power of the Division of Forensic Sciences of the Georgia Bureau of Investigation generally, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For each post-mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $75.00; and, in cases where dissection of the body is required, he shall receive a fee of $250.00 for a partial post-mortem ex amination and autopsy and a fee of $350.00 for a complete post-mortem examination and autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner."
Section 2. Said article is further amended by striking Code Section 4516-25 in its entirety and inserting in lieu thereof a new Code Section 45-1625 to read as follows:
"45-16-25. (a) Upon receipt of the notice required by Code Section

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JOURNAL OF THE SENATE

45-16-24, the coroner shall immediately summon a medical examiner and proper peace officer. When present at the scene of death, the peace officer and medical examiner shall have joint jurisdiction over the scene of death and the dead body and shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death and the dead body. If neither the peace officer nor the medical examiner is present at the scene of death, the coroner shall assume the responsibility of such officers at the scene of death. The medical exam iner shall perform a post-mortem examination or autopsy, reducing his findings to writing and filing them with the director of the division upon report forms to be furnished by said director. The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 4516-44 for payment of burial expenses.
(b) When positive identification of dead bodies has not been estab lished conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical charac teristics, such as prosthetic appliances, or by comparison of skeletal x-rays, including previous fractures, or by amputations, the medical ex aminer must either chart or x-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by re moval of the jaws with teeth to the dentist's office. The dentist shall chart the deceased dentition and make two copies, one of which shall be filed with the autopsy report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at has discretion, make such x-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for x-rays. These fees shall be paid by the county of coroner's or medical examiner's jurisdiction.
(c) The peace officer in charge present at such investigation or, if no officer is present, the coroner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report, and surren der the same to the person entitled to its custody or possession. The coro ner, medical examiner, or peace officer shall take possession of any ob jects or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examina tions made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecut ing officer or upon written order of the peace officer in charge or court having proper jurisdiction."
Section 3. Said article is further amended by striking Code Section 45-

TUESDAY, FEBRUARY 26, 1985

1671

16-26 in its entirety and inserting in lieu thereof a new Code Section 45-1626 to read as follows:
"45-16-26. When there is no coroner or assistant coroner in a county or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical exam iner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes ond Bowen BBrraannntloenv
Broun of 46th
Brown of 47th
Bryant
Burton
Cobb
Coleman
Coverdell Dawkins

Deal Dean English Engram Fincher Foster Gillis H,, arris
Harrison
Hlne
Holloway
Horton
Hudgins
Huggins
Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish 0Scot..t off 2nd,
Scott of 36th
Starr
Stumbaugh
Timmons
Tolleson
Trulock
Turner Tysinger

Those not voting were Senators:

Garner
Greene Howard

Kennedy (presiding) Land

Tate 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 by substitute.

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.

The Senate Committee on Public Safety offered the following amendment:

Amend SB 253 by striking from the title on line 3 of Page 1 the words "tenth day" and inserting in lieu thereof the words "second Monday".
By striking from Section 1 on line 7 of Page 2 the words "tenth day" and inserting in lieu thereof the words "second Monday".

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 Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris

Harrison Hine Holloway Horton Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry

TUESDAY, FEBRUARY 26, 1985

1673

Phillips Ray Scott of 2nd Scott of 36th

Stumbaugh Tate Timmons

Trulock Turner Tysinger

Those not voting were Senators:

Greene Howard
Kennedy (presiding)

Reddish Starr

Tolleson Walker

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

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

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:15 o'clock P.M. until 2:00 o'clock P.M.

The President called the Senate to order at 2:00 o'clock P.M.

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

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.

Senator Horton of the 17th offered the following amendment:

Amend SB 258 by striking on Page 2, line 13 the word
"provided",
and by striking on Page 2, lines 14 through 27 and adding in its place,
"(3) Sell, offer to sell, or deliver more than one drink to one person at one time;".

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JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Muggins Kennedy Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr
T1 oaflfC*
Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Cobb

Dawkins

Kidd

Those not voting were Senators:

Bowen Fincher

Greene (excused) Stumbaugh

Timmons

On the adoption of the amendment, the yeas were 47, nays 4, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton

TUESDAY, FEBRUARY 26, 1985

1675

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis 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 Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Bowen Fincher

Greene (excused) Stumbaugh

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

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

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.

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

On 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

Barnes Brannon

Brantley Broun of 46th

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Brown of 47th Bryant Burton Coleman Coverdell Dawkins Dean English Engram

Foster Gillis Harris Harrison Holloway Howard Hudgins Kidd McKenzie

Perry Phillips Scott of 2nd Scott of 36th Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Barker Bond
Deal Garner

Hine Horton
Huggins Land Langford

McGill
Peevy Ray Starr Tate

Those not voting were Senators:

Bowen Cobb Fincher

Greene (excused) Kennedy (presiding) Reddish

Stumbaugh Timmons

On the passage of the bill, the yeas were 33, nays 15.

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

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.

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

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

TUESDAY, FEBRUARY 26, 1985

1677

Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean Foster Garner

Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land La ng ford McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th English

Engram

McGill

Those not voting were Senators:

Dawkins Fincher Greene (excused)

Harrison Kennedy

Stumbaugh Tolleson

On the passage of the bill, the yeas were 45, nays 4.

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

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 36 was as follows: The Committee of Conference on HB 36 recommends that both the

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Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 36 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Honorable Julian Bond Senator, 39th District

/s/ Honorable John W. Greer Representative, 39th District

/s/ Honorable James W. Tysinger /s/ Honorable G. D. Adams

Senator, 41st District

Representative, 36th District

/s/ Honorable Gene Walker Senator, 43rd District

/s/ Honorable Dick Lane Representative, 27th District

Conference Committee substitute 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 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

TUESDAY, FEBRUARY 26, 1985

1679

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 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 43rd moved that the Senate adopt the Conference Commit tee report on HB 36.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 36.

Senator Barnes of the 33rd asked unanimous consent to excuse Senator Greene of the 26th from the Senate during the afternoon session, beginning at 2:00 o'clock P.M., due to illness; the consent was granted, and Senator Greene of the 26th was excused from the Senate for the afternoon session.

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 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 of dishonor shall be given in situations involving checks returned because no account existed at the time of issuance.

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Senator Hudgins of the 15th moved that SB 266 be committed to the Senate Committee on Banking and Finance.

On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 266 was committed to the Senate Committee on Banking and Finance.

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.

The Senate Committee on Human Resources offered the following substitute to SB 267:

A BILL
To be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regula tion of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved cor respondence courses; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to bi ennial registration of pharmacists, in its entirety and inserting in its place a new subsection (b) to read a follows:
"(b) All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a pro gram of continuing professional pharmaceutical education for the re newal of pharmacist licenses. Notwithstanding any other provision of this part, no pharmacist license shall be renewed by the board or the jointsecretary until the pharmacist submits to the board satisfactory proof of his participation, during the biennium preceding his application for re newal, in 30 hours of approved programs of continuing professional phar maceutical education, as defined in this Code section. Continuing profes sional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide at least the

TUESDAY, FEBRUARY 26, 1985

1681

required 30 hours of approved programs of continuing professional phar maceutical education. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscrimatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. Pharmacists practicing 500 hours or less per calendar year shall be exempt from the continuing professional pharmaceutical education requirements for li cense renewal under this subsection."
Section 2. This Act shall become effective January 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Brannon of the 51st moved that SB 267 be committed to the Senate Com mittee on Human Resources.

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:

Allgood Bond Bwen BBrroanwnnonof 47th Coverdell Dawkins

Garner Harris Hine ,H.ol,,loway Howard Huggins

McKenzie Peevy Phillips TTate Trulock Tysinger

Those voting in the negative were Senators:

Albert Baldwin Barker
BRroun off A46tt*h Bryant Burton Cobb Coleman Deal

Dean English Engram

HHorfton Hudgins Kidd Land Langford McGill

Perry Ray Reddish
Scott of 2nd
S_cott of 36th ,tarr Timmons Tolleson Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Fincher Greene (excused)

Harrison Kennedy (presiding)

Stumbaugh

On the motion, the yeas were 19, nays 32; the motion was lost, and SB 267 was not committed to the Senate Committee on Human Resources.

Senator Brannon of the 51st moved that SB 267 be placed on the Table.

Senator Cobb of the 28th moved the previous question.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that the motion offered by Senator Brannon of the 51st takes precedence.

On the motion offered by Senator Brannon of the 51st, the yeas were 3, nays 32; the motion was lost, and SB 267 was not placed on the Table.

On the adoption of the substitute, the yeas were 35, nays 5, 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 Coleman Coverdell Deal 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 Tate Timmons Tolleson Trulock Turner Tysinger Walker

TUESDAY, FEBRUARY 26, 1985

1683

Voting in the negative were Senators Brannon and Dawkins.

Those not voting were Senators:

Fincher Greene (excused)

Kennedy (presiding)

Stumbaugh

On the passage of the bill, the yeas were 50, nays 2.

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

SB 268. By Senator McGill of the 24th: A bill amend to 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison Mine Holloway Howard Hudgins Huggins Kidd Land Langford McGill

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Bowen Brannon

Fincher Greene (excused) Horton

Kennedy (presiding) Stumbaugh

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

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

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.

Senator Gillis of the 20th offered the following amendment:

Amend SB 269 by striking from line 3 of Page 1 and from line 16 of Page 1 the word "Industrial" and inserting in lieu thereof the word "Development".
By adding on line 4 of Page 1 after the following: " 'may';"
the following:
"to change internal cross-references;".
By striking from line 20 of Page 2 and from line 23 of Page 2 the following:
"(4)",
and inserting in lieu thereof the following: "(5)".

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:

TUESDAY, FEBRUARY 26, 1985

1685

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 Foster Garner Gillis Harris Hine Holloway Horton Howard Huggins Kidd Land Langford

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

Those not voting were Senators:

Fincher Greene (excused) Harrison

Hudgins Kennedy (presiding)

Stumbaugh Tolleson

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

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

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.

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

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JOURNAL OF THE SENATE

Bowen Brannon Brantley Broun of 46th Brown of 47th
u " n CC~oo,vleemrdaenll Dawkins Deai Dean English Engram

Foster Garner Gillis Harris Hine
Holloway H,H,ouw88alrnds K.\aa Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
Scott of 2nd ST-rcaotett of 36th Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Fincher Greene (excused) Harrison

Horton Hudgins Kennedy (presiding)

Starr Stumbaugh Tolleson

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

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

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.

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 Baldwin Barker Barnes Bond Bowen Brannon

Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Foster Garner

TUESDAY, FEBRUARY 26, 1985

1687

Gillis Harris Hine Holloway Howard Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd

Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Brantley Fincher Greene (excused)

Harrison Horton Hudgins Kennedy (presiding)

McKenzie Stumbaugh Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
Senate Sponsors: Senators Fincher of the 54th and Broun of the 46th.

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

On the passage of the bill, a roll call was taken, and the vote was as follows:
* Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th Brown of 47th Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis

Harris Harrison Holloway Horton Howard Huggins Kidd Land Langford McGill

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McKenzie Peevy Perry Phillips Ray

JOURNAL OF THE SENATE

Reddish Scott of 2nd Scott of 36th
Starr Tate

Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brantley Bryant

Fincher Greene (excused) Hine Hudgins

Kennedy (presiding) Stumbaugh Timtnons

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

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

The President resumed the Chair.

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 456 by adding on line 26 of Page 1 after the word and symbol "pathology," and before the word "audiology" the following:
"podiatry,".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The Senate Committee on Insurance offered the following amendment:

Amend HB 456 by striking line 23 of Page 1 in its entirety and in serting in lieu thereof the following:

TUESDAY, FEBRUARY 26, 1985

1689

"person, other than an authorized insurer or the state, its political subdivisions, and their instrumentalities, who provides".

On the adoption of the amendment, the yeas were 6, nays 28, and the amendment was lost.

Senators Stumbaugh of the 55th and Deal of the 49th offered the following amendment:

Amend HB 456 by striking line 23 of Page 1 in its entirety and in serting in lieu thereof the following:
"person, other than an authorized insurer, the state, and its political subdivisions and their instrumentalities, who provides".

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

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

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Bryant

Coleman

Scott of 2nd

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Dawkins Fincher

Garner Greene (excused) Langford

McKenzie Stumbaugh Timmons

On the passage of the bill, the yeas were 44, nays 3.

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

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.

Senate Sponsor: Senator Walker of the 43rd.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Garner Gillis 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 Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Brown of the 47th.

TUESDAY, FEBRUARY 26, 1985

1691

Those not voting were Senators:

Fincher Greene (excused)

McKenzie

Stumbaugh

On the adoption of the resolution, the yeas were 51, nays 1.

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

The President announced that the Senate would stand in recess from 3:30 o'clock P.M. until 6:00 o'clock P.M. and at that time stand adjourned until 9:30 o'clock A.M.
tomorrow.

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 686.

By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for purposes of private gain to any indi vidual; to prohibit the release of inmates for fraternization with custodians.

HB 793.

By Representative Richardson of the 52nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, so as to change certain exceptions.

HB 832.

By Representative Watson of the 114th:
A bill to amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents.

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that

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JOURNAL OF THE SENATE

a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

HB 917.

By Representative Watson of the 114th:
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.

HB 670.

By Representatives Logan of the 67th and Argo of the 68th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment and the several constitu tional amendments further amending that constitutional amendment, re lating to the merger of the school systems of Clarke County and the City of Athens.

HB 703.

By Representative 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 authorize the commission to perform all terms, sat isfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement certain dispositions of real property.

HB 704.

By Representative Johnson of the 72nd:
A bill to amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or dis posed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the requirements of paragraph (4) of subsection (b) of Code Section 50-16-122 in certain enactments authoriz ing or directing a disposition of real property.

HB 710.

By Representatives Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th and others:
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 change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree.

HB 822.

By Representatives Bray of the 91st, Moultrie of the 93rd, Greene of the 130th and others:
A bill to amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public

TUESDAY, FEBRUARY 26, 1985

1693

office, so as to provide for the manner of filling vacancies in party nomi nations; to provide for the reopening of qualification for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary.

HB 639.

By Representatives Lawler of the 20th, Murphy of the 18th, Lee of the 70th and others:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and for eign electric cooperatives, so as to limit the authority of such corpora tions to engage in certain transactions relating to satellite television sys tems for receiving satellite transmissions of television and other signals.

HB 665.

By Representatives Groover of the 99th and Ware of the 77th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer.

HB 887.

By Representatives Chambless of the 133rd, Evans of the 84th and Thomas of the 69th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available.

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

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

HR 276.

By Representatives Pinkston of the 100th, Walker of the 115th and Bol ster of the 30th:
A resolution relative to extension of federal solar energy tax credits.

HR 79. By Representatives Dobbs of the 74th, Jackson of the 65th, Lane of the lllth and others:
A resolution requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implemen tation of a system for marking the location of fire hydrants by the place ment of blue reflective markings on state and county roads.

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JOURNAL OF THE SENATE

HR 275.

By Representatives Pannell of the 122nd, Kingston of the 125th and Triplet! of the 128th:
A resolution authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall.

HR 236.

By Representatives Godbee of the 110th, Lane of the 111th and Chance of the 129th:
A resolution designating the Captain William Cone Bridge.

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

HB 764.

By Representative Martin of the 26th:
A bill to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Funds.

HB 885.

By Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd and others:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Stan dards Council.

HB 735.

By Representative Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will, to provide that the probate court shall have exclu sive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will.

HB 916.

By Representatives Lane of the 111th, Reaves of the 147th, Oliver of the 121st and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Depart ment of Agriculture, so as to change the maximum amount of adminis trative penalties which may be imposed by the Commissioner of Agricul ture for violations of the "Georgia Food Act."

TUESDAY, FEBRUARY 26, 1985

1695

HB 940.

By Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd and others:
A bill to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competi tion and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years.

HB 214.

By Representative Thompson of the 20th and others:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of county tax digests by the commis sioner when appeals are pending, so as to change the amount of property which may be on appeal at the time of digest approval.

HB 711.

By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.

HB 407.

By Representatives Clark of the 55th, Richardson of the 52nd, Williams of the 48th and others:
A bill to amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county of this state having a population of 450,000 or more.

HB 417.

By Representative Johnson of the 72nd:
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 provide that said Code Section shall not apply to elected state officials; to define elected state officials; to provide for applicability of said provisions.

HB 378.

By Representatives Randall of the 101st, Alien of the 127th, Dean of the 29th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of lease-purchase installment contracts for consumer goods.

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HB 584.

By Representative Benefield of the 72nd:
A bill to amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to amend Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or post ponements for attending meetings of the board of regents, so as to in clude attendance at meetings of the State Board of Education.

HB 632.

By Representative Connell of the 87th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of air ports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-320, which lands are located inside the territorial limits of the municipal ity, when leased to private parties are declared to be used for public purposes.

HB 659.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates; so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers.

HB 629.

By Representatives Walker of the 115th, Smyre of the 92nd and Bene field of the 72nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge.

HB 848.

By Representatives Sizemore of the 136th, Groover of the 99th, Chambless of the 133rd and Childs of the 53rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal intravenous infusion.

HB 409.

By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to specify general periods of time applicable to all taxes not otherwise ex pressly provided for.

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1697

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

HR 202.

By Representatives Dover of the 11th, Murphy of the 18th, Wood of the 9th and others:
A resolution commending John Ross and authorizing the placing of his portrait in the state capitol building.

HR 203.

By Representatives Dover of the 11th, Childs of the 53rd, Murphy of the 18th and others:
A resolution commending George Guess and authorizing the placing of his portrait in the state capitol building.

HR 101.

By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A resolution designating the Veterans Memorial Highway.

HR 197. By Representatives Phillips of the 120th and Porter of the 119th: A resolution compensating Sheila J. and Kenneth A. Burns.

HR 235. By Representatives Lane of the lllth and Godbee of the 110th:
A resolution commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge.

HR 224. By Representative Burruss of the 20th: A resolution compensating Ms. Christine Carol Hamby.

HR 310. By Representatives Murphy of the 18th and Burruss of the 20th: A resolution relative to adjournment.

HR 102.

By Representative Childs of the 53rd:
A resolution relative to a comparative analysis of Georgia's local retire ment systems.

HR 218.

By Representatives Robinson of the 58th, Childs of the 53rd, Mangum of the 57th and others:
A resolution relative to DeKalb Junior College being acquired by the Board of Regents of the University System of Georgia.

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

SR 195. By Senator Ray of the 19th: A resolution commending the Jeff Davis High School Drama Team.

SR 208. By Senator Ray of the 19th: A resolution expressing regret at the passing of David Clifton Anderson.

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

HB 686. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for purposes of private gain to any indi vidual; to prohibit the release of inmates for fraternization with custodians.
Referred to Committee on Offender Rehabilitation.

HB 793. By Representative Richardson of the 52nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, so as to change certain exceptions.
Referred to Committee on Human Resources.

HB 832. By Representative Watson of the 114th:
A bill to amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents.
Referred to Committee on Insurance.

HB 907. By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence or, if an adoption of the child is pending, in the county in which the adoption petition is filed.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 26, 1985

1699

HB 917. By Representative Watson of the 114th:
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.
Referred to Committee on Natural Resources.

HB 670. By Representatives Logan of the 67th and Argo of the 68th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment and the several constitu tional amendments further amending that constitutional amendment, re lating to the merger of the school systems of Clarke County and the City of Athens.
Referred to Committee on Urban and County Affairs.

HB 703. By Representative 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 authorize the commission to perform all terms, sat isfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement certain dispositions of real property.
Referred to Committee on Public Utilities.

HB 704. By Representative Johnson of the 72nd:
A bill to amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or dis posed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the requirements of paragraph (4) of subsection (b) of Code Section 50-16-122 in certain enactments authoriz ing or directing a disposition of real property.
Referred to Committee on Public Utilities.

HB 710. By Representatives Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th and others:
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 change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree.
Referred to Committee on Judiciary and Constitutional Law.

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HB 822. By Representatives Bray of the 91st, Moultrie of the 93rd, Greene of the 130th and others:
A bill to amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies in party nomi nations; to provide for the reopening of qualification for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary.
Referred to Committee on Governmental Operations.

HB 639. By Representatives Lawler of the 20th, Murphy of the 18th, Lee of the 70th and others:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and for eign electric cooperatives, so as to limit the authority of such corpora tions to engage in certain transactions relating to satellite television sys tems for receiving satellite transmissions of television or other signals.
Referred to Committee on Public Utilities.

HB 665. By Representatives Groover of the 99th and Ware of the 77th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer.
Referred to Committee on Insurance.

HB 887. By Representatives Chambless of the 133rd, Evans of the 84th and Thomas of the 69th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available.
Referred to Committee on Judiciary.

HB 270. By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.
Referred to Committee on Appropriations.

HR 276. By Representatives Pinkston of the 100th, Walker of the 115th and Bol ster of the 30th:
A resolution relative to extension of federal solar energy tax credits. Referred to Committee on Banking and Finance.

TUESDAY, FEBRUARY 26, 1985

1701

HR 79. By Representatives Dobbs of the 74th, Jackson of the 65th, Lane of the 111th and others:
A resolution requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implemen tation of a system for marking the location of fire hydrants by the place ment of blue reflective markings on state and county roads.
Referred to Committee on Transportation.

HR 275. By Representatives Pannell of the 122nd, Kingston of the 125th and Triplet! of the 128th:
A resolution authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall.
Referred to Committee on Public Utilities.

HR 236. By Representatives Godbee of the 110th, Lane of the 111th and Chance of the 129th:
A resolution designating the Captain William Cone Bridge. Referred to Committee on Transportation.

HB 764. By Representative Martin of the 26th:
A bill to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Funds.
Referred to Committee on Industry and Labor.

HB 885. By Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd and others:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Stan dards Council.
Referred to Committee on Public Safety.

HB 735. By Representative Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclu sive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will.
Referred to Committee on Judiciary.

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HB 916. By Representatives Lane of the llth, Reaves of the 147th, Oliver of the 121st and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Depart ment of Agriculture, so as to change the maximum amount of adminis trative penalties which may be imposed by the Commissioner of Agricul ture for violations of the "Georgia Food Act".
Referred to Committee on Agriculture.

HB 940. By Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd and others:
A bill to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competi tion and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years.
Referred to Committee on Judiciary and Constitutional Law.

HB 214. By Representative Thompson of the 20th and others:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of county tax digests by the commis sioner when appeals are pending, so as to change the amount of property which may be on appeal at the time of digest approval.
Referred to Committee on Banking and Finance.

HB 711. By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.
Referred to Committee on Governmental Operations.

HB 407. By Representatives Clark of the 55th, Richardson of the 52nd, Williams of the 48th and others:
A bill to amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county of this state having a population of 450,000 or more.
Referred to Committee on Urban and County Affairs (General).

TUESDAY, FEBRUARY 26, 1985

1703

HB 417. By Representative Johnson of the 72nd:
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 provide that said Code Section shall not apply to elected state officials; to define elected state officials; to provide for applicability of said provisions.
Referred to Committee on Retirement.

HB 378. By Representatives Randall of the 101st, Alien of the 127th, Dean of the 29th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of lease-purchase installment contracts for consumer goods.
Referred to Committee on Consumer Affairs.

HB 584. By Representative Benefield of the 72nd:
A bill to amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to amend Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or post ponements for attending meetings of the board of regents, so as to in clude attendance at meetings of the State Board of Education.
Referred to Committee on Education.

HB 632. By Representative Connell of the 87th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of air ports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-320, which lands are located inside the territorial limits of the municipal ity, when leased to private parties are declared to be used for public purposes.
Referred to Committee on Urban and County Affairs (General).

HB 659. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend Code Section 21-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates; so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE

HB 629. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge.
Referred to Committee on Judiciary.

HB 848. By Representatives Sizemore of the 136th, Groover of the 99th, Chambless of the 133rd and Childs of the 53rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal intravenous infusion.
Referred to Committee on Judiciary.

HB 409. By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to specify general periods of time applicable to all taxes not otherwise ex pressly provided for.
Referred to Committee on Banking and Finance.

HR 202. By Representatives Dover of the 11th, Murphy of the 18th, Wood of the 9th and others:
A resolution commending John Ross and authorizing the placing of his portrait in the state capitol building.
Referred to Committee on Rules.

HR 203. By Representatives Dover of the 11th, Childs of the 53rd, Murphy of the 18th and others:
A resolution commending George Guess and authorizing the placing of his portrait in the state capitol building.
Referred to Committee on Rules.

HR 101. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A resolution designating the Veterans Memorial Highway.
Referred to Committee on Transportation.

TUESDAY, FEBRUARY 26, 1985

1705

HR 197. By Representatives Phillips of the 120th and Porter of the 119th:
A resolution compensating Sheila J. and Kenneth A. Burns in the amount of $5,012.19. Referred to Committee on Appropriations.

HR 235. By Representatives Lane of the lllth and Godbee of the 110th:
A resolution commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge. Referred to Committee on Transportation.

HR 224. By Representative Burruss of the 20th:
A resolution compensating Ms. Christine Carol Hamby in the amount of $2,600.00. Referred to Committee on Appropriations.

HR 102. By Representative Childs of the 53rd:
A resolution relative to a comparative analysis of Georgia's local retire ment systems. Referred to Committee on Retirement.

HR 218. By Representatives Robinson of the 58th, Childs of the 53rd, Mangum of the 57th and others:
A resolution relative to DeKalb Junior College being acquired by the Board of Regents of the University System of Georgia.
Referred to Committee on Higher Education.

At 6:00 o'clock P.M., the President announced the Senate adjourned pursuant to a previously adopted motion until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 27, 1985 Thirty-fourth Legislative Day

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

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

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

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

SB 281. By Senator Foster of the 50th:
A bill to amend an Act creating the Etowah Water and Sewer Authority, as amended, so as to change the provisions relating to the issuance of revenue bonds by the Authority.
Referred to Committee on Urban and County Affairs.

SB 282. By Senator Foster of the 50th:
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; to provide exceptions; to provide for related matters.
Referred to Committee on Urban and County Affairs.

SB 283. By Senator Harrison of the 37th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, as amended, so as to change the corporate boundaries of the city.
Referred to Committee on Urban and County Affairs.

SB 284.

By Senator Bowen of the 13th:
A bill to create a new charter for the Town of Byromville, Georgia; to provide for the incorporation, powers, and boundaries of said town; to provide for the governing authority; to provide for the mayor and council; to provide for administration; to provide for a recorder's court of such

WEDNESDAY, FEBRUARY 27, 1985

1707

town; to provide for elections; to provide for the financial and fiscal af fairs of the town.
Referred to Committee on Urban and County Affairs.

SB 286. By Senator Tolleson of the 32nd:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to provide for terms of office of the mayor and councilmen; to provide for a referendum; to provide an effective date.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Human Resources 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 188. Do pass. HB 8. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 13. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 266. Do pass.

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JOURNAL OF THE SENATE

HB 314. Do pass. HB 485. Do pass.

Respectfully submitted, Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law 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:
HB 157. Do pass. SR 189. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

HR 106. HR 122. HR 281.

Do pass as amended. Do pass. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

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

SR 173. HB 494. HB 692.

Do pass. Do pass. Do pass.

HR 174. Do pass. HR 200. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

WEDNESDAY, FEBRUARY 27, 1985

1709

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 271. HB 623. HB 762. HB 860. HB 861. HB 862.
HB 864.
HB 865.

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

HB 866. HB 868. HB g?1

Do pass. Do pass. DQ pass

HB 880. HB 882' HB 89HB 896.

Do pass. Do Pass' Do PassDo pass by substitute.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SR 184.

By Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd and others:
A resolution to ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress.

SR 186.

By Senators Deal of the 49th and Foster of the 50th:
A resolution urging a careful revaluation of proposed cutbacks in the budget of the Soil Conservation Service.

SR 187.

By Senators Deal of the 49th, Burton of the 5th and Peevy of the 48th:
A resolution urging the Congress of the United States to strengthen fed eral laws pertaining to the packaging and transportation of hazardous materials and to provide a federal and state partnership role to enforce federal regulations promulgated under such laws.

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.

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JOURNAL OF THE SENATE

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 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 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 277.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Offi cial Code of Georgia Annotated, relating to the preservation and promo tion of historic areas, so as to provide for administrative and judicial re view of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist.

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 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.

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1711

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 461.

By Representatives Hanner of the 131st, Chambless of the 133rd, Rich ardson of the 52nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain func tions relating to personal care homes; to provide for definitions; to pro vide for criminal records checks and determinations based thereon for directors and employees of personal care homes.

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 507.

By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "pri vate carrier"; to provide that certain motor vehicles which transport haz ardous materials shall be subject to certain safety regulations promul gated by the Public Service Commission.

HB 643.

By Representative Adams of the 36th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted.

HB 679.

By Representative Smith of the 152nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering.

HB 681.

By Representative Bray of the 91st:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of

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Personnel Administration, so as to change the definition of the term "un classified service"; to exclude certain positions in the Department of La bor from the classified service.

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.

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 sheriff's, so as to change the provisions relative to exceptions to the re quirement of written consent of the sheriffs of certain counties.

HR 22. By Representative Sinkfield of the 37th:
A resolution compensating Eddie Hammonds, Jr., in the amount of $350.00.

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.

HR 51. By Representative Parham of the 105th:
A resolution compensating the Baldwin County Board of Commissioners in the amount of $1,044.00.

HR 113. By Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd:
A resolution compensating Ms. Charlotte Chancellor in the amount of $300.00.

WEDNESDAY, FEBRUARY 27, 1985

1713

HR 119. By Representative Ray of the 98th: A resolution compensating Mr. Floyd Keen in the amount of $697.86.

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.

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

Albert Allgood Baldwin Barker Brannon Broun of 46th Bryant Burton Coleman

Deal Dean Engram Garner Greene Harris Harrison Hine Huggins

Those not answering were Senators:

Kennedy Kidd Land Peevy Ray Starr Tolleson Turner Tysinger

Barnes Bond Bowen Brantley Brown of 47th Cobb Coverdell Dawkins English Fincher

Foster Gillis Holloway Horton Howard Hudgins Langford McGill McKenzie Perry (excused)

Phillips (excused) Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Trulock Walker

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Robert Marshburn, pastor of Doraville Associate Reformed Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.

1714

JOURNAL OF THE SENATE

The following resolution of the Senate was read and adopted:

SR 210. By Senator Broun of the 46th: A resolution in memory of Wilbur P. Jones.

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, February 27, 1985
THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 577

Allgood, 22nd Albert, 23rd Richmond County
Repeals Act creating Pine Hill Water and Sewerage Authority.

*HB 609

Foster, 50th White County
Amends Act creating office of tax commissioner; changes compensation of tax commissioner. (SUBSTITUTE)

HB 733

Perry, 7th Lanier County
Amends Act creating new board of education; changes provisions relating to election of members of board of education.

*HB 785

Barker, 18th Greene, 26th Harris, 27th City of Macon Bibb County
Amends Act providing new charter for city; changes corporate limits of said city. (AMENDMENT)

WEDNESDAY, FEBRUARY 27, 1985

1715

HB 823 Trulock, 10th City of Doerun Colquitt County
Amends Act providing new charter for city; changes provisions relating to punishment which may be imposed by recorder's court.

HB 833 McGill, 24th Greene County
Continues amendment creating Greene County Development Authority.

HB 834 McGill, 24th Greene County
Continues amendment providing for election of members of Board of Ed ucation.

HB 851

Phillips, 9th Peevy, 48th Gwinnett County
Provides that tax commissioner shall retain a specified percentage of edu cational funds collected by said officer and remit the same to the gov erning authority to reimburse the county for cost of collecting school taxes.

HB 854 Bowen, 13th City of Moultrie Colquitt County
To continue amendment which relates to creation of Moultrie-Colquitt County Development Authority.

HB 855

Trulock, 10th Bowen, 13th Colquitt County
To continue amendment which relates to providing for election of mem bers of board of education of said county and appointment of school su perintendent by board.

HB 856

Brannon, 51st Fincher, 54th Whitfield County
To repeal Act providing for board of elections in each county of this state having a population of not less than 60,000 and not more than 67,000.

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JOURNAL OF THE SENATE

HB 857 Brannon, 51st Fincher, 54th Whitfield County
To create board of elections and registration for said county.

HB 869 Foster, 50th Towns County
To abolish office of treasurer of Towns County.

HB 870 Foster, 50th Habersham County
Amends Act creating board of commissioners; changes commissioner dis tricts; changes provisions relative to election of members of board of commissioner.

The substitute and amendment to the following bills were put upon their adoption:

*HB 609:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 609:

A BILL
To be entitled an Act to amend an Act creating the office of tax com missioner of White County, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4381), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of White County, approved February 23, 1945 (Ga. L. 1945, p. 720), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4381), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The tax commissioner of White County shall receive an annual salary in the amount provided for in Code Section 48-5-183 of the O.C.G.A., payable in equal monthly installments or payable twice monthly in equal installments, at the discretion of the governing author ity of White County, from county funds.
(b) (1) In addition to the annual salary provided in subsection (a) of this section, the tax commissioner shall receive $2,407.00 per annum for his services as deputy registrar; and such amount shall be paid from

WEDNESDAY, FEBRUARY 27, 1985

1717

county funds at the same time and in the same manner as the annual salary provided in subsection (a) of this section.
(2) In addition to the amounts specified as salary by this section, the tax commissioner shall also receive a fee of $3.00 for each fi. fa. he collects."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

*HB 785:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 785 by adding on line 4 of Page 1 after the following: "city;",
the following: "to provide an effective date;".
By adding between line 16 and line 17 of Page 4 the following: "Section 2. This Act shall become effective December 1, 1985."
By striking from line 17 of Page 4 the number "2" and inserting in lieu thereof the number "3".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the 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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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Foster Gillis Greene Harris Hine Holloway Huggins Kennedy Kidd

Land McKenzie Peevy Reddish Scott of 2nd Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Broun of 46th Cobb Engram Fincher Garner

Harrison Horton Howard Hudgins Langford McGill

Perry (excused) Phillips (excused) Ray Scott of 36th Starr Stumbaugh

On the passage of all the local bills, the yeas were 37, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 609 and HB 785, having received the requisite constitutional majority, were passed.

HB 609, having received the requisite constitutional majority, was passed by substitute.

HB 785, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Perry of the 7th from the Senate today due to pressing business in Court; the consent was granted, and Senator Perry of the 7th was excused from the Senate today.

Senator Coverdell of the 40th asked unanimous consent to excuse Senator Phillips of the 9th from the Senate today due to a death in his family; the consent was granted, and Senator Phillips of the 9th was excused from the Senate today.

WEDNESDAY, FEBRUARY 27, 1985

1719

HR 99 Resolution to compensate David M. Burns (Approp)
RESOLUTION PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE RE PORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE ADOPTION OF THE RESOLUTION.
SENATE RULES CALENDAR
Wednesday, February 27, 1985
THIRTY-FOURTH LEGISLATIVE DAY
HB 684 Certain State Representative Districts--change composition (Gov Op--25th)
HB 560 Insurers--fees for filing application for certificate of authority (Ins--48th)
HB 369 Day-Care Homes, Centers--subject to Safety Fire Commissioner regulations (C&Y--23rd)
HB 368 Landmark Museum Buildings--change safety requirements (ED &T--56th)
HB 645 Kidney Disease Advisory Committee--change membership (Hum R--42nd)
HB 88 Judicial Assistance from Other Courts--Governor may appoint in terim judge (Judy--33rd)
HB 542 Municipal Courts--costs for law libraries (SUBSTITUTE) (Judy--52nd)
HB 358 Correctional Industries Administration--participate in self-insurance program (Ins--22nd)
HB 159 Death Penalty--court fix 7 day period of time to carry out (Judy--33rd)
HB 635 Cherokee Judicial Circuit Superior Court Judges--supplementary compensation (SUBSTITUTE) (Judy--52nd)
HB 281 Special County 1% Sales Tax for Roads--approved by county voters (SUBSTITUTE) (B&F--15th)
HB 134 Lost, Mutilated License Plate, Revalidation Sticker--reporting (Trans--33rd)
HB 142 Providing Alcoholic Beverages to Person under 19--change penalty (C Aff--33rd)
HB 247 Alcoholic Beverage Sale on Election Day--referendum to determine prohibiting (C Aff--39th)
HB 431 Motor Vehicle Purchaser with Storage Receptacle--tax liability (SUBSTITUTE) (B&F--llth)
HB 462 Child Care Centers, Homes--criminal records checks (C&Y--15th) HB 447 Pecan Sprayers, Shakers Used in Harvesting--sales tax exempt
(B&F--19th) HB 602 Appearance Bond--provisions for no forfeiture (Gov Op--42nd)
HB 45 Salvage Motor Vehicle--salvage certificate of title to sell or transfer (SUBSTITUTE) (Trans--48th)

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JOURNAL OF THE SENATE

HB 316 Crab Bait Sales To and Use of By Commercial Fishermen--sales tax exempt (B&F--3rd)
HB 393 Certain Driving Records--available to boards of education (Pub Saf--28th)
HB 199 Medical Assistance Department--agreement with other states (Int Coop--15th)
HB 155 Child, Spousal Support Obligations--revise statutes on enforcement (Judy--49th)
HB 33 Controlled Substances--change listing of certain ones (Hum R--54th)
HB 252 General Assembly Service--credited only to Legislative Retirement System (Ret--llth)
HB 200 Department of Human Resources--interstate compacts with other states for reciprocal adoption assistance (Int Coop--15th)
HB 398 Sheriffs Retirement Fund--options, optional benefits (Ret--llth)
HB 723 Utility Rate Change Appeal--require certain court rulings (SUB STITUTE) (Pub U--45th)
HB 30 Public Housing--change penalty for fraudulently obtaining (Judy--15th)
HB 256 Coroner's Training Council--create (Gov Op--15th)
HB 311 Professional Associations--registered agent and office filed with Sec retary of State (Judy--29th)
HR 198 Regulated Local Exchange Telephone Companies--encourage to compete with nonregulated (Pub U--2nd)
HB 498 Office of Legislative Counsel--payment of social security (Judy--49th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

Senator Dean of the 31st moved that the Senate disagree with the committee re port which was adverse to the adoption of the following resolution of the House:

HR 99. By Representative Johnson of the 72nd:
A resolution compensating Mr. David M. Burns in the amount of $1,054.19.

The President put the motion, "Shall the committee report which was adverse to the adoption of HR 99 be sustained?"

On the motion, the yeas were 0, nays 32; the motion was lost, and the committee report which was adverse to the adoption of HR 99 was disagreed to.

WEDNESDAY, FEBRUARY 27, 1985

1721

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

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.
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
RL*nU wWpCnll
Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dean

English Fincher Foster Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land

Langford Peevy Ray Reddish Scott of 2nd Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Cobb Coleman Dawkins Deal Engram

Garner Gillis Horton Howard McGill

McKenzie Perry (excused) Phillips (excused) Scott of 36th Starr

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

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

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JOURNAL OF THE SENATE

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.
Senator 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 Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Dean

English Engram Fincher Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land

Langford McKenzie Peevy Ray Reddish Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Allgood Cobb Coleman Deal Foster

Garner Horton Howard
McGill Perry (excused)

Phillips (excused) Scott of 2nd Scott of 36th Starr

On the passage of the bill, the yeas were 41, nays 1.

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

WEDNESDAY, FEBRUARY 27, 1985

1723

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.

Senate Sponsor: Senator Albert of the 23rd.

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

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Hudgins Muggins Kennedy Kidd Land

Langford McKenzie Peevy Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bryant Cobb Coleman English

Harris Horton Howard McGill

Perry (excused) Phillips (excused) Scott of 36th Walker

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

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

1724

JOURNAL OF THE SENATE

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.

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 Coverdell Deal

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

Kidd Land Langford McKenzie Peevy Ray Reddish Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Coleman Dawkins Horton

Howard McGill Perry (excused) Phillips (excused)

Scott of 2nd Scott of 36th Stumbaugh

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

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

WEDNESDAY, FEBRUARY 27, 1985

1725

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.
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 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 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 Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman

Hine

Phillips (excused)

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

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

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-

1726

JOURNAL OF THE SENATE

thorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Judiciary offered the following substitute to HB 542:

A BILL
To be entitled an Act 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 authorize such costs in any corporate, police, recorder's, or mayor's court of a municipality under certain conditions; to authorize additional costs for law libraries in certain counties under specified conditions; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-15-9 of the Official Code of Georgia Anno tated, relating to collection of costs for law libraries, is amended by adding at the end thereof new subsections (e) and (f) to read as follows:
"(e) Notwithstanding that provision of subsection (a) of this Code section which excepts recorder's and police courts from the requirement of charging and collecting the additional costs provided for by that sub section (a), subsections (a) and (b) of this Code section shall apply to any corporate, police, recorder's, or mayor's court of a municipality if the governing authority thereof, by ordinance or resolutions, approves the charging and collecting of such costs pursuant to subsections (a) and (b) of this Code section.
(0 If the chief judge of the superior court for the circuit in which lies a county having a law library determines that a need exists for addi tional funding of that county's law library, that judge may authorize an amount not to exceed $1.00, in addition to the amount authorized under subsection (a) of this Code section, to be charged and collected in each action or case in that county under the same terms and conditions for the collection of those costs for actions and cases under subsections (a) and (b) of this Code section, except that such judge shall not be required to determine that a need exists for a law library in a county already having such library."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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.

WEDNESDAY, FEBRUARY 27, 1985

1727

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 Fincher 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 Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Bond Coleman

English Holloway

Phillips (excused) Tysinger

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 Brannon of the 51st introduced the doctor of the day, Dr. Bill Nichols, of Canton, Georgia.

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

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

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JOURNAL OF THE SENATE

insured entity in any program of self-insurance administered by the com missioner of administrative services.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine 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:

Garner Holloway

Horton Phillips (excused)

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

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.
Senator Sponsor: Senator Barnes of the 33rd.

WEDNESDAY, FEBRUARY 27, 1985

1729

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

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 Coleman Coverdell Dawkins

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

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

Those voting in the negative were Senators:

Allgood

Langford

Ray

Those not voting were Senators:

English Fincher

Gillis McKenzie

Phillips (excused) Walker

On the passage of the bill, the yeas were 47, nays 3.

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

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.
Senate Sponsor: Senator Hine of the 52nd.

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JOURNAL OF THE SENATE

Senators Dean of the 31st, Brannon of the 51st and Hine of the 52nd offered the following substitute to HB 635:

A BILL
To be entitled an Act to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Cherokee Judicial Circuit; 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 a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, is amended by striking from Sec tion 9 of said Act the following:
"The judge of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the superior courts in this State, the sum of two thousand dol lars ($2,000.00) per annum, payable monthly.",
and inserting in its place the following:
"The judges of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the superior courts in this state, the sum of $7,500.00 per an num, payable monthly."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker

Barnes Bond Bowen

Brannon Brantley Broun of 46th

WEDNESDAY, FEBRUARY 27, 1985

1731

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Greene

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

Perry Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Brown of 47th Fincher

Gillis Harris McKenzie

Phillips (excused) Stumbaugh

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

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

HB 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.
Senator Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Banking & Finance offered the following substitute to HB 281:

A BILL
To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to au thorize the imposition 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 con junction with the imposition of the tax; to provide that such debt shall be payable first from the proceeds of the tax but shall constitute a pledge of the full faith, credit, and taxing power of the county and to provide an excep-

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JOURNAL OF THE SENATE

tion; to provide for the manner of imposition of the tax and the duration of the tax; to provide for administration and collection of the tax by the state revenue commissioner; to provide that the proceeds to the county from the tax shall be used exclusively for stated purposes; to provide credits for local sales and use taxes levied in other jurisdictions against said county sales and use tax and against the joint county and municipal sales and use tax; to provide a limit on the total levy of local sales and use taxes; 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. Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, is amended by adding a new Article 3 to read as follows:
"ARTICLE 3
48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other require ments of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2.
48-8-111. (a) Whenever a county governing authority votes to im pose the tax authorized by this article, the governing authority shall no tify the county election superintendent by forwarding to the superinten dent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose for which the proceeds of the tax are to be used, which purpose may include only one of the following purposes:
(A) Road, street, and bridge purposes;
(B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a county jail, correctional institution, or other detention facility; a county library; or a coliseum or other county sports facility;
(C) A capital outlay project which will be operated by a joint au thority of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; or
(D) A capital outlay project or projects, to be owned and operated either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the

WEDNESDAY, FEBRUARY 27, 1985

1733

election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than onehalf of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipal ity which is within the county shall be included;

(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be imposed for road, street, and bridge purposes, for which the tax may be imposed;

(3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed for road, street, and bridge purposes the maxi mum cost and maximum proceeds to be raised shall be omitted; and

(4) If general obligation bonds are to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than for road, street, and bridge purposes, the prin cipal amount of the bonds to be issued, the purpose for which the bonds are to be issued, the interest rate or rates or the maximum interest rate or rates which such bonds are to bear, and the amount of principal to be paid in each year during the life of the bonds.

(b) Upon receipt of the resolution or ordinance, the election superin tendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the elec tion to be published for not less than 30 days immediately preceding the date of the election in the official organ of the county. If general obliga tion bonds are to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, those matters required by Code Section 36-82-1 to be included in the notice of an election as to the issuance of general obligation bonds; and such publi cation of notice by the election superintendent shall take the place of the notice otherwise required by subsection (b) of Code Section 36-82-1, which notice shall not be required.

(c) If the tax is to be imposed for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in _____ County for a period of ______?'

(d) (1) If the tax is to be imposed other than for road, street, and bridge purposes and if no bonds are to be issued, the ballot shall have written or printed thereon the following:

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'[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in _______ County for a period of time not to exceed _______ and for the raising of not more than $_______ for the purpose of ------------------?'

(2) If bonds are to be issued, the ballot shall also have written or printed thereon, following the language specified by subsection (c) of this Code section, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ______ County in the principal amount of $______ for the above purpose.'

(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immedi ately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall can vass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.

(f) (1) If the proposal includes the authority to issue general obliga tion bonds and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such bonds in accordance with Arti cle IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such bonds shall not be issued. If the authority to issue such bonds is so approved by the voters, then such bonds may be issued without further approval by the voters. Except as specifically provided otherwise in this article, such bonds and their issu ance shall be subject to Articles 1 and 2 of Chapter 82 of Title 36.

(2) If the issuance of general obligation bonds are included and ap proved as provided in Code Section 48-8-111 then the governing author ity in lieu of issuing said bonds may borrow a sum not to exceed the total amount of the revenue anticipated to be collected from the tax author ized to be imposed by this article during the period for which it is au thorized. The loan so made may be secured by a pledge of such antici pated revenues and may be evidenced by a note or other written evidence of indebtedness, including a written pledge of such revenues, and without the necessity of any validation proceedings. Such loan so incurred shall be deemed to be a debt authorized by Article 9, Sections V and VI, of the Constitution but the repayment of same shall be limited to the reve nues received from such tax. The documents executed with respect to such loan shall be deemed to be contracts executed in consideration of the continued levy of such tax for the authorized period.

48-8-111.1. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provi-

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1735

sions of this Code section shall control over any conflicting provisions of this article. The tax authorized by this article, if imposed by a consoli dated government, shall not be subject to any maximum period of time for which the tax may be levied if general obligation bonds are to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolu tion or ordinance calling for the imposition of the tax shall state the max imum amount of revenue to be raised by the tax, and the tax shall termi nate as provided in paragraph (1) or (3) of subsection (b) of Code Section 48-8-112. In all other respects, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county.
48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the reso lution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
(b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation bonds, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying vali dation of such bonds;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) If the tax was imposed other than for road, street, and bridge purposes, as of the end of the calendar quarter during which the commis sioner determines that the tax will have raised revenues sufficient to pro vide to the county net proceeds equal to or greater than the amount spec ified as the maximum cost of the project.
(c) No county shall impose at any time more than a single 1 percent tax under this article. No county shall adopt a resolution or ordinance calling for the imposition of a tax under this article at any time when a tax under this article is in effect in the county, except that a county in which the tax is currently being imposed for road, street, and bridge pur poses may by ordinance or resolution and special election continue the imposition of the tax for a further period not to exceed four years in the same manner as specified for the original imposition of the tax, with such extended period not to commence until the expiration of the authorized period then in effect.
48-8-113. A tax levied pursuant to this article shall be exclusively

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administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduc tion shall be the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter.
48-8-114. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determina tion by the commissioner that all taxes imposed by this article are col lected and distributed according to situs of sale.
48-8-115. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the gen eral fund of the state treasury in order to defray the costs of administration;
(2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county imposing the tax.
48-8-116. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the pur chaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article.
48-8-117. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in

WEDNESDAY, FEBRUARY 27, 1985

1737

which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or com mon carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-118. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertise ment prior to approval of the levy of the tax.
48-8-119. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effec tive and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-120. Except as provided in Code Section 48-8-6, the tax au thorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the tax authorized by this article and the imposi tion of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county.
48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose specified in the resolution or ordinance calling for imposition of the tax. Such pro ceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used for road, street, and bridge purposes, then authorized uses of the tax proceeds shall in clude acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the pro ceeds of the tax are to be used for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire bonded indebtedness.
(c) No general obligation bonds shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is im posed for road, street, and bridge purposes. If the tax is imposed for pur poses other than road, street, and bridge purposes, then no general obli-

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gation bonds shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and it is demon strated in the validation proceedings that, during each year in which any payment of principal or interest on the bonds comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation bonds issued under this ar ticle shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this arti cle. Such bonds, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said bonds which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax au thorized by this article (other than for road, street, and bridge purposes) may specify that all of the proceeds of the tax will be used for payment of general obligation bonds issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) The resolution or ordinance calling for the imposition of the tax authorized by this article (other than for road, street, and bridge pur poses) may specify that a part of the proceeds of the tax will be used for payment of general obligation bonds issued in conjunction with the impo sition of the tax. If the ordinance or resolution so provides, it shall specif ically state the other purposes for which the proceeds will be used; and such other purposes shall be a part of the capital outlay project for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the bonds for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation bonds are to be issued in conjunc tion with the imposition of the tax. If the ordinance or resolution so pro vides, it shall specifically state the purposes for which the proceeds will be used; and such purposes shall be road, street, and bridge purposes or shall be a part of the capital outlay project for which the tax is to be imposed.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation bonds issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for payment of such bonds shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8112 by reason of denial of validation of bonds, then all net proceeds re ceived by the county from the tax shall be excess proceeds subject to this

WEDNESDAY, FEBRUARY 27, 1985

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Code section. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 2. Said chapter is further amended by striking Code Section 48-8-90, relating to credits against the joint county and municipal sales and use tax for other local sales and use taxes, and inserting in its place a new Code section to read as follows:
"48-8-90. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the pur chaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special district; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article and then against the tax levied under Article 3 of this chapter, if applicable."
Section 3. Said chapter is further amended by striking Code Section 48-8-6, relating to prohibition of local gross receipts taxes and sales and use taxes, and inserting in its place a new Code section to read as follows:
"48-8-6. (a) Except as otherwise authorized by the General Assem bly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article.
(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibi tion, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitu tional amendment. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."

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

Senator Scott of the 36th offered the following amendment:

Amend the substitute to HB 281 offered by the Senate Committee on Banking and Finance by striking on Page 2, line 33, the following:
"or other county sports facility".

On the adoption of the amendment offered by Senator Scott of the 36th, Senator Scott of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Brannon Brantley Brown of 47th Coverdell Dawkins Deal Engram

Fincher Foster Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Reddish Scott of 36th Starr Stumbaugh Tate Turner Walker

Those voting in the negative were Senators:

Allgood Baldwin Bowen Broun of 46th Bryant Cobb Coleman Dean

English Garner Gillis Greene Harris Harrison Hine

Kennedy Perry Ray Timmons Tolleson Trulock Tysinger

Those not voting were Senators:

Burton

Phillips (excused)

Scott of 2nd

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1741

On the adoption of the amendment, the yeas were 31, nays 22, and the amend ment offered by Senator Scott of the 36th was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HB 281 offered by the Senate Committee on Banking and Finance by adding on Page 2, line 31, after the word "jail" the following:
"hospital services or indigent patient care,".
On the adoption of the amendment, the yeas were 35, nays 1, and the amendment offered by Senator Kidd of the 25th was adopted.
Senator Hudgins of the 15th offered the following amendment:
Amend the substitute to HB 281 offered by the Senate Committee on Banking and Finance by striking the word "bonds" and inserting in its place the word "debt" on line 8 of Page 4; on line 13 of Page 4; on line 17 of Page 8; on line 27 of Page 12; on line 32 of Page 12; on line 3 of Page 13; on line 6 of Page 13; on line 9 of Page 13; on line 11 of Page 13; on line 19 of Page 13; on line 28 of Page 13; on line 17 of Page 14; on line 20 of Page 14; and on line 30 of Page 14.
By striking the words "bonds are" and inserting in their place the words "debt is" on line 4 of Page 4; on line 9 of Page 4; on line 11 of Page 4; on line 25 of Page 4; on line 10 of Page 5; on line 19 of Page 5; on line 18 of Page 7; and on line 8 of Page 14.
By striking from line 10 of Page 1 the following:
"and to provide an exception".
By striking the word "imposed" on line 27 of Page 3 and inserting in its place the word "used".
By striking from lines 29 through 31 of Page 4 the following:
"those matters required by Code Section 36-82-1 to be included in the notice of an election as to the issuance of general obligation bonds",
and inserting in its place the following:
"the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of

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interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt".
By adding after the word "required" on line 33 of Page 4 the following:
"by Code Section 36-80-11 or".
By striking all matter on lines 10 through 34 of Page 6 and on lines 1 through 10 of Page 7 and inserting in place thereof the following:
"(f) (1) If the proposal includes the authority to issue general obli gation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the au thority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and ap proved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and valida tion of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be neces sary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In ei ther event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county."
By striking the word "bonds" on line 13 of Page 8 and inserting in its place the following:
"debt and such debt is the subject of validation proceedings".
By striking the words "bonded indebtedness" on line 26 of Page 12 and inserting in their place the words "general obligation debt".
By adding before the word "it" on line 34 of Page 12 the following:
"if the debt is to be validated".
By striking the word "bonds" on line 3 of Page 14 and inserting in its place the words "general obligation debt".

WEDNESDAY, FEBRUARY 27, 1985

1743

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment offered by Senator Hudgins of the 15th was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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

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 Bryant Burton Cobb Coleman 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 Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative were Senators Allgood and Barker.

Not voting was Senator Phillips (excused).

On the passage of the bill, the yeas were 53, nays 2.

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

Senator Hudgins of the 15th moved that HB 281 be immediately transmitted to the House.

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On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 281 was immediately transmitted to the House.

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

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

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

Those not voting were Senators:

Barker Bond Brannon

Dawkins Gillis Howard

Phillips (excused) Tysinger

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

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

WEDNESDAY, FEBRUARY 27, 1985

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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.
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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd

Land Langford McKenzie Peevy Perry Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Barker Barnes Burton Garner

Horton McGill Ray

Tolleson Trulock Tysinger

Those not voting were Senators:

Dawkins

Howard

Phillips (excused)

On the passage of the bill, the yeas were 43, nays 10.

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

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Senator Bond of the 39th moved that HB 247 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 247 was immediately transmitted to the House.

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.
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 Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 13, 1985

SUBJECT: Fiscal Note--House Bill 431 Committee Substitute (LC 14 3906S) Motor Fuel Tax: Nonhighway Use Exemption

This Bill would require the purchaser of fuel oils, compressed petro leum gas, or special fuel who has a storage receptacle which has a connec tion to a withdrawal outlet that may be used to place motor fuel other than gasoline in the running tank or power cell of a motor vehicle for use on the public highways or equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway to be at the time of sale a valid licensed distributor of that type of motor fuel for the sale to be exempt from taxes. This Bill would also allow the sale of such fuels to be exempt from taxes provided an affidavit has been obtained from the pur-

WEDNESDAY, FEBRUARY 27, 1985

1747

chaser showing that he has no highway use of such fuels or is a reseller of such fuels. The distributor would be required to charge the purchaser all applicable taxes until the purchaser is granted a valid distributor's license or otherwise qualifies for the nonhighway use exemption. If the distributor sells to a purchaser who is not a valid licensed distributor, and has not executed a valid signed affidavit, the distributor would be responsible for the taxes due on all such sales to that purchaser. This Bill would also authorize the Com missioner of the Department of Revenue to waive the recordkeeping require ments on sales which do not exceed 25 gallons in one transaction if a li censed distributor has no taxable sales of fuel and receipts are less than 12,000 gallons per year.
Data is not available to determine the financial impact of this Bill. The Department of Revenue has indicated that there could be an increase in tax revenue between $100,000-5250,000 the first year and would diminish as distributors comply with the provisions of the Bill. The Department of Reve nue has estimated an increase in administrative costs of $14,000 due to in creased recordkeeping.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking & Finance offered the following substitute to HB 431:

A BILL
To be entitled an Act 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 current provisions relating to liability for taxes on certain fuels sold to ultimate consumers who have both highway and nonhighway uses for such fuels; to make new provisions for liability for taxes on such fuels deliv ered to purchasers who have storage receptacles with certain withdrawal outlets; to authorize the state revenue commissioner to waive record keeping requirements with respect to fuel sales which do not exceed a certain vol ume; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxation, is amended by striking subparagraph (b) (7) (B) of Code Section 48-9-3, relating to levying of mo tor fuel taxes, and inserting in its place a new subparagraph to read as follows:
"(B) (i) In instances where a sale of compressed petroleum gas has been made to an ultimate consumer who has both highway and nonhigh way use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the

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commissioner that the motor fuel purchased prior to the licensee's be coming licensed as a consumer distributor was used for nonhighway pur poses, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate con sumer does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the com missioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii) (I) Any fuel oils or special fuel sold by a distributor to a pur chaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway is not exempt from the taxes imposed by this article un less the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel or an affidavit has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the pur chaser has no highway use of such fuels or is a reseller of such fuels. Each affidavit shall be valid for a period of not more than one year from the date of execution and a copy of the affidavit must be received by the Department of Revenue within ten working days from the date of execu tion. It shall be the responsibility of the purchaser to notify the distribu tor when he is no longer qualified for the nonhighway exemption. It shall be the duty of the distributor to rescind, by a writing directed to the commissioner, any affidavit submitted if at any time the purchaser noti fies the distributor that he is not qualified for the nonhighway exemption or the distributor becomes aware that the purchaser is no longer so quali fied. All applicable taxes must be charged the purchaser until the pur chaser is granted a valid distributor's license for that type of motor fuel.
(II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind his affidavit to his distributor in writing when he is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This divi sion in no way shall restrict the option of the purchaser to become li censed as a distributor. If the distributor sells fuel oils or special fuel to a purchaser who has a storage receptacle for such fuel oils or special fuel which has a connection to a withdrawal outlet that may be used to place such motor fuel in the running tank or power cell of a motor vehicle designed for use on the public highways or in equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway and the purchaser is not a valid licensed distributor and has not executed a valid signed affidavit, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; or"
Section 2. Said article is further amended by striking paragraph (8) of subsection (a) of Code Section 48-9-12, relating to powers of the state reve nue commissioner with respect to motor fuel taxation, and inserting in its place a new paragraph to read as follows:

WEDNESDAY, FEBRUARY 27, 1985

1749

"(8) Waive the bond and the report required of a licensed distribu tor of fuel oils, compressed petroleum gas, or special fuel if the distribu tor has no taxable sales of the fuel and his receipts do not exceed 12,000 gallons per year and with respect to such distributors waive requirements for record keeping on sales that do not exceed 25 gallons in one transaction;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

MEMORANDUM

TO:

The Honorable Floyd Hudgins, Chairman

Senate Banking and Finance Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 21, 1985

SUBJECT: Fiscal Note--House Bill 431 Substitute (LC 14-3983S) Motor Fuel Tax: Nonhighway Use Exemption

This Bill would require the purchaser of fuel oils or special fuel who has a storage receptacle which has a connection to a withdrawal outlet that may be used to place motor fuel other than gasoline in the running tank or power cell of a motor vehicle for use on the public highways or equipment used on or for the purpose of construction, reconstruction, maintenance, or repair of a public highway to be at the time of sale a valid licensed distribu tor of that type of motor fuel for the sale to be exempt from taxes. This Bill would also allow the sale of such fuels to be exempt from taxes provided an affidavit has been obtained from the purchaser showing that he has no high way use of such fuels or is a reseller of such fuels. The distributor would be required to charge the purchaser all applicable taxes until the purchaser is granted a valid distributor's license or otherwise qualifies for the nonhighway use exemption. If the distributor sells to a purchaser who is not a valid licensed distributor, and has not executed a valid signed affidavit, the dis tributor would be responsible for the taxes due on all such sales to that purchaser. This Bill would also authorize the Commissioner of the Depart ment of Revenue to waive the recordkeeping requirements on sales which do not exceed 25 gallons in one transaction.

Data is not available to determine the financial impact of this Bill. The Department of Revenue has indicated that there could be an increase in tax revenue between $100,000-$250,000 the first year and would diminish as

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distributors comply with the provisions of the Bill. The Department of Reve nue has estimated an increase in administrative costs of $14,000 due to in creased recordkeeping. The Department of Revenue has also indicated there is a potential loss of revenue if the recordkeeping requirements are waived for sales that do not exceed 25 gallons in one transaction. The extent of revenue loss in this area could not be determined.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the substitute, the yeas were 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 Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Deal

Dean Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

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

Voting in the negative was Senator Brown of 47th.

Those not voting were Senators:

Dawkins English Garner

Howard Phillips (excused)

Reddish Stumbaugh

On the passage of the bill, the yeas were 48, nays 1.

WEDNESDAY, FEBRUARY 27, 1985

1751

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 462.

By Representatives Manner 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.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford

Those not voting were Senators:

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

Dawkins Harris

Holloway Kennedy

Phillips (excused) Trulock

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 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.
Senate Sponsor: Senator Ray of the 19th.

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

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE: February 4, 1985

SUBJECT: Fiscal Note--House Bill 447 (LC 14 3838) Sales Tax Exemption: Pecan Harvesting Equipment

This Bill would allow a sales tax exemption for pecan sprayers, pecan shakers, and other equipment used in harvesting pecans which are sold to persons engaged in the growing and production of pecans.

Data is not available on the volume of sales of pecan sprayers, pecan shakers, and other equipment used in the harvesting of pecans. The Depart ment of Revenue has estimated that the loss in revenue from this exemption would be less than $100,000 per year. The Department of Revenue has also estimated that this Bill would have no effect on administrative costs.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

WEDNESDAY, FEBRUARY 27, 1985

1753

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

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

Those not voting were Senators:

Barnes Dawkins Garner

Hudgins Kennedy (presiding) Phillips (excused)

Timmons Walker

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

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Barker 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 Kidd Land Langford

Those not voting were Senators:

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

Barnes Kennedy (presiding)

Phillips (excused)

Walker

On the passage of the bill, the yeas were 52, nays 0.

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

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.
Senate Sponsor: Senator Peevy of the 48th.
The Senate Committee on Transportation offered the following substitute to HB
45:
A BILL
To be entitled an Act 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 require the registered owner of certain damaged motor vehicles or insur ance companies which acquire such motor vehicles to mail or deliver the certificate of title to the commissioner for cancellation; to prohibit any per son, firm, or corporation from selling, transferring, or conveying a salvage motor vehicle until such person, firm, or corporation has applied for and

WEDNESDAY, FEBRUARY 27, 1985

1755

obtained a salvage certificate of title; to authorize the Insurance Commis sioner to enforce against insurers certain provisions relative to salvage motor vehicles and to cooperate with and assist the commissioner in enforcing pro visions relative to salvage motor vehicles; to make certain conduct relative to salvage motor vehicles unlawful; to provide a penalty; to require the com missioner to notify the Georgia Bureau of Investigation upon the receipt of an application for a certificate of title for a motor vehicle for which the current out-of-state certificate of title is marked "salvage," "rebuilt," or "re stored," or any similar such phrase; to require such motor vehicles to be inspected; to require a certificate of title marked "salvage" or "rebuilt" to be issued in certain situations; to provide for other matters relative to the foregoing; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to specifically authorize certain transactions by insurance companies; to provide that certain activity relative to salvage mo tor vehicles shall be unfair methods of competition and unfair and deceptive trade practices; to provide for other matters relative thereto; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, is amended by striking Code Section 40-3-35, relating to salvage motor vehicles, and inserting in lieu thereof a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a reg istered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a mo tor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, grill, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel or any insurance company which acquires such dam aged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation.
(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a sal vage motor vehicle shall apply to the commissioner for a salvage certifi cate of title for such motor vehicle within 15 days of the purchase or acquisition of the motor vehicle or within 15 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.

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(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this subsection, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may pre scribe, so as to indicate clearly that the motor vehicle described is a sal vage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be re quired to be placed on the certificate of title to a vehicle which was de clared a salvage vehicle on or after July 1, 1979, and which was subse quently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the com missioner, in order to enforce this Code section or any orders, rules, and 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 has violated any pro visions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the com missioner 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 therewith 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 determined by the court. The penalty pre scribed in this Code section shall be concurrent, alternative, and cumula tive with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commis sioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Insurance Commissioner is authorized to enforce the provi sions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Insurance Commissioner is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commis sioner with any information acquired by the Insurance Commissioner during any investigation or proceeding involving this Code section. Noth ing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to vio late the provisions of subsection (a), (b), or (c) of this Code section; and

WEDNESDAY, FEBRUARY 27, 1985

1757

any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor."
Section 2. Said article is further amended by striking in its entirety Code Section 40-3-35.1, relating to certificates of title for salvaged and re built motor vehicles, which reads as follows:
"40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is perma nently affixed as required by subsection (c) of this Code section, and ver ification that the motor vehicle conforms to all safety equipment stan dards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compli ance is reached.
(c) (1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall con tain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle.
(B) If it is determined that the motor vehicle shall require the re placement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word 'rebuilt' to be permanently af fixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of

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this subparagraph shall only apply to motor vehicles restored after No vember 1, 1982.
(2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major compo nents changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.",
and inserting in lieu thereof a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) (1) Upon the receipt of an application for a certifi cate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-335 and which has been repaired, the commissioner shall immediately no tify the Georgia Bureau of Investigation of such application.
(2) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase, the commissioner shall immediately notify the Georgia Bureau of Investiga tion of such application.
(3) Upon the receipt of an application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly conduct an initial inspec tion on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verifi cation of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards re quired by law. The Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The Georgia Bureau of Investigation shall conduct an initial inspection and any required reinspections upon notification of an application for a certificate of title under any circum stance specified in subsection (a) of this Code section even though the motor vehicle may have been previously inspected under this Code sec-

WEDNESDAY, FEBRUARY 27, 1985

1759

tion. The Georgia Bureau of Investigation shall promptly notify the com missioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compli ance is reached.
(c) (1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall con tain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall con tain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall re quire the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the in spection by the Georgia Bureau of Investigation, cause the word 'rebuilt' to be permanently affixed to said motor vehicle. The word "rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to mo tor vehicles restored after November 1, 1982.
(2) Upon inspection by the Georgia Bureau of Investigation and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (8) and (9) of Code Section 33-6-5, relating to unfair methods of competition and unfair and deceptive trade practices, and inserting in lieu thereof new paragraphs (8), (9), and (10) to read as follows:
"(8) No insurance company shall cancel, modify coverage, refuse to

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issue, or refuse to renew any property or casualty insurance policy solely because the applicant or insured or any employee of either is mentally or physically impaired, provided that this paragraph shall not apply to acci dent and sickness insurance policies sold by a casualty insurer; provided, further, that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract;
(9) No insurance company, when selling salvage motor vehicles, ma jor component parts, or parts, shall sell directly to a used motor vehicle parts dealer, motor vehicle dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage dealer who is not licensed under Chapter 48 of Title 43; provided, however, this paragraph shall not prevent an insur ance company from selling salvage motor vehicles, major component parts, or parts to any person, firm, or corporation when the sale is made through a used motor vehicle parts dealer, motor vehicle dismantler, mo tor vehicle rebuilder, salvage pool dealer, or salvage dealer who is li censed under Chapter 48 of Title 43; and
(10) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry Ray

WEDNESDAY, FEBRUARY 27, 1985

1761

Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Tolleson

Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes Bond

Bryant Engram Fincher

Kennedy (presiding) Phillips (excused) Trulock

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

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

HB 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.
Senate Sponsor: Senator Bryant of the 3rd.

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

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE: January 29, 1985

SUBJECT: Fiscal Note--House Bill 316 (LC 14-3827) Sales Tax: Crab Bait Exemption

This Bill would allow a sales and use tax exemption for the sale of crab bait for use by licensed commercial fishermen.

The exact fiscal impact of this Bill cannot be accurately estimated.

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Records are not available which indicate the current tax revenue from the sale of crab bait to licensed commercial fishermen, however, the Department of Revenue has estimated that this Bill would reduce the state's revenue by less than $100,000. Administrative costs for reprinting exemption forms and for printing tax change information forms is $5,000--$10,000, according to the Revenue Department's estimate.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

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
Kidd Land

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:

Kennedy (presiding)

Langford

Phillips (excused)

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

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

WEDNESDAY, FEBRUARY 27, 1985

1763

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.
Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

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

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

Brown of 47th Fincher

Gillis Kennedy (presiding)

Phillips (excused)

On the passage of the bill, the yeas were 51, nays 0.

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

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

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JOURNAL OF THE SENATE

authorize the department to enter into reciprocal and cooperative ar rangements with other states.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

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 Gillis Greene Harris Harrison Hine Holloway Horton Howard 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:

Garner Hudgins Huggins

Kennedy (presiding) Phillips (excused)

Scott of 2nd Timmons

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

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

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

WEDNESDAY, FEBRUARY 27, 1985

1765

to garnishment proceedings, so as to provide for amounts of earnings which may be subject to continuing garnishment for support.
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 Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Muggins Kidd

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

Those not voting were Senators:

Howard Kennedy (presiding)

McKenzie Phillips (excused)

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.

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.
Senate Sponsor: Senator Fincher of the 54th.

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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 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 Hudgins Huggins Kidd Land

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

Those not voting were Senators:

Howard Kennedy (presiding)

Phillips (excused)

Walker

On the passage of the bill, the yeas were 52, nays 0.

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

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.
Senate Sponsor: Senator Timmons of the llth.

WEDNESDAY, FEBRUARY 27, 1985

1767

Senator Coverdell of the 40th offered the following amendment:
Amend HB 252 by striking the word "to" where it appears in line 8 on Page 1 and by striking all language appearing in lines 9 through 11 on Page 1 and by striking the words "the Georgia Legislative Retirement System" where the same appear in line 12 on Page 1 and by inserting in lieu of such stricken language the following:
"to abolish the Georgia Legislative Retirement System except as ap plied to members of the General Assembly holding office on a certain date".
By striking all matter appearing in lines 14 through 23 on Page 4 and inserting in lieu thereof the following:
"(d) Notwithstanding the provisions of Chapter 6 of this title, ex cept as applied to members of the Georgia Legislative Retirement Sys tem holding office on January 1, 1986, and except as applied to members of the General Assembly becoming members of said retirement system on January 1, 1986, pursuant to subparagraph (C) of paragraph (1) of subsection (c) of this Code section, the Georgia Legislative Retirement System provided for in Chapter 6 of this title shall stand abolished on January 1, 1986."
The following Certification, as required by law, was read by the Secretary:
Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: W. M. Nixon, State Auditor

DATE:

February 25, 1985

SUBJECT: House Bill 252 (Amended) (AM 7 0013A) Georgia Legislative Retirement System

Under the provisions of this Bill, as amended, service as a member of the General Assembly after December 31, 1985 could only be counted as creditable service for purposes of the Legislative Retirement System. This provision would not apply, however, to any member of the General Assem bly holding office on January 1, 1986 who was a member of the Employees' Retirement System (ERS) and who received annual compensation exceeding the average annual compensation of all ERS members during calendar year 1985. Such a member could retain ERS membership.

If such a member should have an annual compensation equal to or less than the average compensation of all ERS members during any calendar

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year, the member would have three options under this Bill. The member could: (1) cease to be a contributing member of ERS but retain all rights by not withdrawing employee contributions; (2) withdraw employee contribu tions from ERS, forfeit all rights under ERS, and forfeit the right to be come a member of any pension system as a member of the General Assem bly; or, (3) transfer all creditable service under ERS to the Legislative Retirement System and become an active, contributing member of the system.

The Georgia Legislative Retirement System would be abolished on Jan uary 1, 1986 except as applied to members of the Georgia Legislative Re tirement System holding office on January 1, 1986 and members of the Gen eral Assembly who become members of this retirement system on January 1, 1986 by transferring all creditable service under the Employees' Retire ment System to the Georgia Legislative Retirement System and become an active contributing member of this system.

This is to certify that this is a retirement bill having a fiscal impact. This Bill specifies, however, that its provisions are exempt from the Public Retirement Systems Standards Law, which is in accordance with constitu tional provisions passed in November, 1984.

/s/ W. M. Nixon State Auditor

Senator Coverdell of the 40th offered the following amendment:

Amend HB 252 by inserting in line 12 on Page 1 between the word and semicolon "System;" and the word "to" the following:
"to authorize withdrawal of membership from the Georgia Legisla tive Retirement System;".
By redesignating subsection (e) where the same appears in lines 24 through 35 on Page 4 as subsection (f) and by adding between lines 23 and 24 on Page 4 a new subsection (e) to read as follows:
"(e) Notwithstanding any provisions of Chapter 6 of this title or any other law, any member of the General Assembly may withdraw from membership in the Georgia Legislative Retirement System and receive a refund of contributions to such system under Code Section 47-6-85. Any member exercising the option provided by this subsection may not at any time thereafter reestablish membership in the Georgia Legislative Retire ment System or become a member of any public retirement or pension system while serving as a member of the General Assembly."

WEDNESDAY, FEBRUARY 27, 1985

1769

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: W. M. Nixon, State Auditor

DATE:

February 25, 1985

SUBJECT: House Bill 252 (Amended) (AM 7 0014B) Legislative Retirement System

Under the provisions of this Bill, service as a member of the General Assembly after December 31, 1985 could only be counted as creditable ser vice for purposes of the Legislative Retirement System. This provision would not apply, however, to any member of the General Assembly holding office on January 1, 1986 who was a member of the Employees' Retirement Sys tem (ERS) and who received annual compensation exceeding the average annual compensation of all ERS members during calendar year 1985. Such a member could retain ERS membership.

If such a member should have an annual compensation equal to or less than the average compensation of all ERS members during any calendar year, the member would have three options under this Bill. The member could: (1) cease to be a contributing member of ERS but retain all rights by not withdrawing employee contributions; (2) withdraw employee contribu tions from ERS, forfeit all rights under ERS, and forfeit the right to be come a member of any pension system as a member of the General Assem bly; or, (3) transfer all creditable service under ERS to the Legislative Retirement System and become an active, contributing member of the system.

Any member could withdraw from membership in the Legislative Re tirement System and receive a refund of contributions. Any member who exercised this option could not at any time thereafter reestablish member ship in the Legislative Retirement System or become a member of any pub lic retirement system while serving as a member of the General Assembly.

This is to certify that this is a retirement bill having a fiscal impact. This Bill specifies, however, that its provisions are exempt from the Public Retirement Systems Standards Law, which is in accordance with constitu tional provisions passed in November, 1984.

/s/ W. M. Nixon State Auditor

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Senator Hudgins of the 15th moved that HB 252 be placed on the Table.

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 Bowen Brannon Brown of 47th Bryant Cobb Coleman Dean

English Fincher Gillis Harris Holloway Hudgins Kidd McGill

McKenzie Perry Ray Reddish Scott of 2nd Scott of 36th Tate Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bond Brantley Broun of 46th Burton Coverdell Dawkins

Deal Engram Foster Garner Greene Harrison Hine Huggins Land

Langford Peevy Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Horton Howard

Kennedy (presid

Phillips (excused)

On the motion, the yeas were 24, nays 28; the motion was lost, and HB 252 was not placed on the Table.

The President resumed the Chair.

Senator Allgood of the 22nd moved that HB 252 be committed to the Senate Committee on Retirement.

On the motion, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

WEDNESDAY, FEBRUARY 27, 1985

1771

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman English

Engram Fincher Garner Gillis Harris Holloway Hudgins Kennedy

Kidd McGill McKenzie Perry Ray Reddish Scott of 2nd Walker

Those voting in the negative were Senators:

Albert Barker Barnes Bond Brannon Brantley Coverdell Dawkins Deal Dean

Foster Greene Harrison Hine Howard Huggins Land Langford Peevy

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Burton

Horton

Phillips (excused)

On the motion, the yeas were 25, nays 28; the motion was lost, and HB 252 was not committed to the Senate Committee on Retirement.

Senator Timmons of the llth moved the previous question.

Senator Kennedy of the 4th moved that HB 252 be placed on the Table.

The President ruled that the motion offered by Senator Kennedy of the 4th takes precedence.

On the motion offered by Senator Kennedy of the 4th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood

Baldwin

Bowen

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Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Dean English Engram Fincher

Garner Gillis Harris Holloway Hudgins Kennedy Kidd McGill McKenzie Peevy

Perry Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Turner Walker

Those voting in the negative were Senators:

Albert Barker Barnes Bond Brannon Brantley Coverdell

Deal Foster Greene Harrison Hine Horton Howard

Huggins Land Langford Stumbaugh Tolleson Trulock Tysinger

Those not voting were Senators Burton and Phillips (excused).

On the motion, the yeas were 33, nays 21; the motion prevailed, and HB 252 was placed on the Table.

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

Mr. President:

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

HB 825.

By Representative McKinney of the 35th:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to change the provisions relating to the defi nition of the word "project"; to change the provisions relating to the pur poses of the Authority; to authorize the City of Atlanta and Fulton County to contract with the Authority.

HB 912.

By Representative Selman of the 32nd:
A bill to amend an Act providing a new charter for the City of Union City, so as to provide for the appointment of an associate judge of the municipal court.

WEDNESDAY, FEBRUARY 27, 1985

1773

HB 915.

By Representatives Bolster of the 30th, Sinkfield of the 37th and Dean of the 29th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the provisions relating to the special district for library services within that portion of the City of Atlanta lying within DeKalb County; to change the provisions relating to the ad valorem tax within such special district.

HB 943.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the composition of the city council and the method of electing councilmen.

HB 948.

By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for a five-member board of commissioners.

HB 952.

By Representative Lord of the 107th:
A bill to amend an Act providing a new charter for the City of Tennille, so as to provide for city elections.

HB 964.

By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to provide for a special election to determine whether the members of the board of education of the Carroll County school district shall be elected rather than appointed.

HB 971.

By Representative Hudson of the 117th:
A bill to create a board of commissioners of Bleckley County as the gov erning authority of Bleckley County; to provide for a chairman and other members of the board.

HB 973.

By Representative Barnett of the 10th:
A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to authorize the authority to acquire, construct, add to, extend, im prove, equip, operate, and maintain sewage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities.

HB 974.

By Representative Barnett of the 10th:
A bill to provide for the compensation of the chairman and members of the board of education of Forsyth County.

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JOURNAL OF THE SENATE

HB 975.

By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the manner in which members of the board of commissioners are elected.

HB 976.

By Representatives Cox of the 141st and Long of the 142nd:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary.

HB 978.

By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide for additional exemptions from coverage under the merit system.

HB 979.

By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to provide for investigators for the office of the district attorney of the Rome Judicial Circuit.

HB 980.

By Representatives Smith of the 16th, Childers of the 15th and McKel vey of the 15th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.

HB 981.

By Representative Ross of the 82nd:
A bill to amend an Act providing for a board of commissioners of War ren County, so as to change the provisions relating to the compensation and expense allowance of the chairman of the board of commissioners.

HB 982.

By Representatives Matthews of the 145th and 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 as sessment and collection of license fees and occupational taxes by the board of commissioners of Colquitt County.

HB 984.

By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to implement the results of the "straw ballot" election held in Spalding County, wherein a majority of those voting expressed their desire to increase the membership of the board of commissioners of said county from three to five members.

WEDNESDAY, FEBRUARY 27, 1985

1775

HB 985.

By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to provide for the salary and compensation of the chief magistrate of the Magistrate Court of Spalding County.

HB 986.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Newton County Industrial Development Authority.

HB 987.

By Representative Smith of the 78th:
A bill to amend an Act providing for the Magistrate Court of Lamar County, so as to provide for the collection of additional costs as law li brary fees.

HB 988.

By Representative Smith of the 78th:
A bill to amend an Act providing for the Magistrate Court of Butts County, so as to provide for the collection of additional costs as law li brary fees.

HB 989.

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 establishing the Down town Camilla Development Authority and providing for its powers, du ties, and responsibilities.

HB 990.

By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to provide for the corporate limits of said city.

HB 992.

By Representatives Buck of the 95th, Robinson of the 96th, Smyre of the 92nd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relative to public art galleries; to authorize the sale of property used for public art galleries and museum under cer tain conditions.

HB 993.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the election of the members of the Board of Educa tion of Henry County from districts; to provide for residence requirements.

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HB 994.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.

HB 995.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Coweta County.

HB 996.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County and for the election and terms of office of the members thereof, so as to make technical corrections in and to clarify certain provisions of said Act.

HB 997.

By Representatives Pannell of the 122nd, Alien of the 127th, Triplet! of the 128th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.

HB 998.

By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to provide for the compensation of the judge and solicitor of the court.

HB 999.

By Representative 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 alloca tion to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District of the proceeds of any local sales and use tax levied within Chattooga County.

HB 1000.

By Representative Crawford of the 5th:
A bill to provide that the members of the Chattooga County Board of Education shall be compensated in the manner and in the amounts speci fied by the general law of this state.

HB 1001.

By Representative 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 home stead exemptions from municipal ad valorem taxation for elderly resi dents of the Town of Trion.

WEDNESDAY, FEBRUARY 27, 1985

1777

HB 1002.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act to abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system, so as to change the provisions relating to employment and compensation of deputies and other employees.

HB 1003.

By Representatives 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 which relates to the cre ation, powers, authority, funds, purposes, and procedures of the Hart County Industrial Building Authority.

HB 1006.

By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act providing an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments.

HB 1008.

By Representatives Mueller of the 126th, Triplet! of the 128th, Kingston of the 125th and others:
A bill to amend an Act providing for the appointment of members of the board of the Chatham County Hospital Authority, so as to provide for a limitation on the terms of office which may be served by members of the board.

HB 1009.

By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the city.

HB 1010.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman and other members of the board.

HB 1011.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court; to provide that the governing authority of Clayton County shall pay to the solicitor of said court a sum equal to the contributions required for solicitors under the Trial Judges and Solicitors Retirement Fund.

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JOURNAL OF THE SENATE

HB 1012.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

HB 1013.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court.

HB 1014.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 1015.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 1016.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the com pensation of said officers.

HB 1017.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board.

HB 1018. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for the compensation of the coroner.

HB 1019.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to

WEDNESDAY, FEBRUARY 27, 1985

1779

change the provisions relative to the compensation of the tax commissioner.

HB 1020.

By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system, and provid ing in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation of such officers.

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

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 deputies, clerks, investigators, and other employees as he shall deem nec essary to assist him in discharging the official duties of his office.

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

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.

SB 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.

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-

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sion of this Act under the federal Voting Rights Act of 1965; to provide for related matters; to provide for severability.

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

HB 983.

By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act re-creating the board of commissioners of Colquitt County, so as to change the method of election of the members of the board of commissioners.

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

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.

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

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.

The House has disagreed to the Senate substitute to the following bill 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.

The House adheres to its substitute and has appointed a Committee of Conference on the following bill of the Senate:

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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 Speaker has appointed on the part of the House, Representatives Ross of the 82nd, Walker of the 115th and Dover of the llth.

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

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.

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

HB 825. By Representative McKinney of the 35th:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to change the provisions relating to the defi nition of the word "project"; to change the provisions relating to the pur poses of the Authority; to authorize the City of Atlanta and Fulton County to contract with the Authority.
Referred to Committee on Urban and County Affairs.

HB 912. By Representative Selman of the 32nd:
A bill to amend an Act providing a new charter for the City of Union City, so as to provide for the appointment of an associate judge of the municipal court.
Referred to Committee on Urban and County Affairs.

HB 915.

By Representatives Bolster of the 30th, Sinkfield of the 37th and Dean of the 29th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the provisions relating to the special district for library services within that portion of the City

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of Atlanta lying within DeKalb County; to change the provisions relating to the ad valorem tax within such special district.
Referred to Committee on Urban and County Affairs.

HB 943. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the composition of the city council and the method of electing councilmen.
Referred to Committee on Urban and County Affairs.

HB 948. By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to provide for a five-member board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 952. By Representative Lord of the 107th:
A bill to amend an Act providing a new charter for the City of Tennille, so as to provide for city elections.
Referred to Committee on Urban and County Affairs.

HB 964. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to provide for a special election to determine whether the members of the board of education of the Carroll County school district shall be elected rather than appointed.
Referred to Committee on Urban and County Affairs.

HB 971. By Representative Hudson of the 117th:
A bill to create a board of commissioners of Bleckley County as the gov erning authority of Bleckley County; to provide for a chairman and other members of the board.
Referred to Committee on Urban and County Affairs.

HB 973. By Representative Barnett of the 10th:
A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to authorize the authority to acquire, construct, add to, extend, im prove, equip, operate, and maintain sewage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities.
Referred to Committee on Urban and County Affairs.

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HB 974. By Representative Barnett of the 10th:
A bill to provide for the compensation of the chairman and members of the board of education of Forsyth County. Referred to Committee on Urban and County Affairs.

HB 975. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the manner in which members of the board of commissioners are elected.
Referred to Committee on Urban and County Affairs.

HB 976. By Representatives Cox of the 141st and Long of the 142nd:
A bill to abolish the present mode of compensating the judge of the Pro bate Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Urban and County Affairs.

HB 978. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to amend an Act known as the "Floyd County Merit System Act," so as to provide for additional exemptions from coverage under the merit system.
Referred to Committee on Urban and County Affairs.

HB 979. By Representatives Smith of the 16th, McKelvey of the 15th and Childers of the 15th:
A bill to provide for investigators for the office of the district attorney of the Rome Judicial Circuit.
Referred to Committee on Urban and County Affairs.

HB 980. By Representatives Smith of the 16th, Childers of the 15th and McKel vey of the 15th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
Referred to Committee on Urban and County Affairs.

HB 981. By Representative Ross of the 82nd:
A bill to amend an Act providing for a board of commissioners of War ren County, so as to change the provisions relating to the compensation and expense allowance of the chairman of the board of commissioners.
Referred to Committee on Urban and County Affairs.

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HB 982. By Representatives Matthews of the 145th and 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 as sessment and collection of license fees and occupational taxes by the board of commissioners of Colquitt County.
Referred to Committee on Urban and County Affairs.

HB 984. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to implement the results of the "straw ballot" election held in Spalding County, wherein a majority of those voting expressed their desire to increase the membership of the board of commissioners of said county from three to five members.
Referred to Committee on Urban and County Affairs.

HB 985. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to provide for the salary and compensation of the chief magistrate of the Magistrate Court of Spalding County. Referred to Committee on Urban and County Affairs.

HB 986. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Newton County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.

HB 987. By Representative Smith of the 78th:
A bill to amend an Act providing for the Magistrate Court of Lamar County, so as to provide for the collection of additional costs as law li brary fees.
Referred to Committee on Urban and County Affairs.

HB 988. By Representative Smith of the 78th:
A bill to amend an Act providing for the Magistrate Court of Butts County, so as to provide for the collection of additional costs as law li brary fees.
Referred to Committee on Urban and County Affairs.

HB 989.

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 establishing the Down-

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1785

town Camilla Development Authority and providing for its powers, du ties, and responsibilities.
Referred to Committee on Urban and County Affairs.

HB 990. By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to provide for the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

HB 992. By Representatives Buck of the 95th, Robinson of the 96th, Smyre of the 92nd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relative to public art galleries; to authorize the sale of property used for public art galleries and museum under cer tain conditions.
Referred to Committee on Urban and County Affairs.

HB 993. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the election of the members of the Board of Educa tion of Henry County from districts; to provide for residence requirements.
Referred to Committee on Urban and County Affairs.

HB 994. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein. Referred to Committee on Urban and County Affairs.

HB 995. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Coweta County.
Referred to Committee on Urban and County Affairs.

HB 996. By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County and for the election and terms of office of the members thereof, so as to make technical corrections in and to clarify certain provisions of said Act.
Referred to Committee on Urban and County Affairs.

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HB 997. By Representatives Pannell of the 122nd, Alien of the 127th, Triplet! of the 128th and others:
A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
Referred to Committee on Urban and County Affairs.

HB 998. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to provide for the compensation of the judge and solicitor of the court. Referred to Committee on Urban and County Affairs.

HB 999. By Representative 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 alloca tion to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District of the proceeds of any local sales and use tax levied within Chattooga County.
Referred to Committee on Urban and County Affairs.

HB 1000. By Representative Crawford of the 5th:
A bill to provide that the members of the Chattooga County Board of Education shall be compensated in the manner and in the amounts speci fied by the general law of this state.
Referred to Committee on Urban and County Affairs.

HB 1001. By Representative 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 home stead exemptions from municipal ad valorem taxation for elderly resi dents of the Town of Trion.
Referred to Committee on Urban and County Affairs.

HB 1002. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act to abolish the present mode of compensating the clerk of the Superior Court of White County, known as the fee system, so as to change the provisions relating to employment and compensation of deputies and other employees.
Referred to Committee on Urban and County Affairs.

HB 1003. By Representatives 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 which relates to the ere-

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ation, powers, authority, funds, purposes, and procedures of the Hart County Industrial Building Authority.
Referred to Committee on Urban and County Affairs.

HB 1006. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd and others:
A bill to repeal an Act providing an annual salary for the coroner in all counties of this state having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments.
Referred to Committee on Urban and County Affairs.

HB 1008. By Representatives Mueller of the 126th, Triplett of the 128th, Kingston of the 125th and others:
A bill to amend an Act providing for the appointment of members of the board of the Chatham County Hospital Authority, so as to provide for a limitation on the terms of office which may be served by members of the board.
Referred to Committee on Urban and County Affairs.

HB 1009. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the city.
Referred to Committee on Urban and County Affairs.

HB 1010. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relative to the compensation of the chairman and other members of the board.
Referred to Committee on Urban and County Affairs.

HB 1011. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to increase the salary of the solicitor of said court; to provide that the governing authority of Clayton County shall pay to the solicitor of said court a sum equal to the contributions required for solicitors under the Trial Judges and Solicitors Retirement Fund.
Referred to Committee on Urban and County Affairs.

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HB 1012. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to Committee on Urban and County Affairs.

HB 1013. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the compensation of the judges of said court.
Referred to Committee on Urban and County Affairs.

HB 1014. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to Committee on Urban and County Affairs.

HB 1015. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to Committee on Urban and County Affairs.

HB 1016. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the com pensation of said officers.
Referred to Committee on Urban and County Affairs.

HB 1017. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act known as the "Clayton County Civil Service System Act," so as to change the provisions relating to the compensation of the members of the civil service board.
Referred to Committee on Urban and County Affairs.

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HB 1018. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing for the compensation of the coroner. Referred to Committee on Urban and County Affairs.

HB 1019. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1020. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system, and provid ing in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation of such officers.
Referred to Committee on Urban and County Affairs.

HB 983. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act re-creating the board of commissioners of Colquit County, so as to change the method of election of the members of the board of commissioners.
Referred, to Committee on Urban and County Affairs.

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

At 12:55 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 Thursday, February 28, 1985 Thirty-fifth Legislative Day

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

Senator 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 the report of the Committee of Conference on the follow ing bill of the House:

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.

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

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.

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

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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 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 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 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 regulations, so as to repeal the "Private Employment Agencies Act."

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 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 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-

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tence of any insurance which covers, in whole or in part, certain judg ments or awards.

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.

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

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.

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

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

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

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.

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

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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.

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

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 House has agreed to the Senate substitutes to 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 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.

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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 in which the taxes are due.

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

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 170.

By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution creating the Local Constitutional Amendments Overview Committee.

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.

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

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

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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.

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

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

SB 285. 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 creating the Cobb Judicial Circuit, as amended, so as to provide for the payment from funds of Cobb County of certain expenses of the membership of the judge of said circuit in any state re tirement or pension system; to provide for related matters; to provide an effective date.
Referred to Committee on Urban and County Affairs.

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SB 287. 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 providing a new charter for the City of Powder Springs, as amended, so as to provide for powers and duties of 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 Appropriations has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 270. Do pass by substitute. HB 794. Do pass.

HR 197. Do pass as amended. HR 224. 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 and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 80. HB 125. HB 409.

Do pass by substitute. Do pass. Do pass.

HB 590. HB 624. HR 276.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th 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:
HB 378. Do pass.

THURSDAY, FEBRUARY 28, 1985

1797

HB 564. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 190. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

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

HB 388. Do pass. HB 584. Do pass.

HB 709. Do pass.

Respectfully submitted,

Senator Foster of the 50th 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 191. HB 303. HB 465.

Do pass. Do pass by substitute. Do pass.

HB 486. HB 601. HB 647.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

HB 89. HB 655. HB 703. HB 704.

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

HR 219. HR 220. HR 275.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HR 202. Do pass. HR 203. 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 272. Do pass. SB 274. Do pass. SB 275. Do pass. SB 276. Do pass. SB 278. Do pass as amended. SB 279. Do pass. SB 280. Do pass. SB 281. Do pass. SB 282. Do pass. SB 283. Do pass.

SB 284. SB 286. HB 536. HB 813. HB 814. HB 893. HB 894. HB 895. HB 897. HB 898.

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

THURSDAY, FEBRUARY 28, 1985

1799

HB 899. HB 903. HB 927. HB 928.

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

HB 929. HB 930. HB 937. HB 959.

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 407. Do pass. HB 501. Do pass.

HB 632. 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:

SR 173.

By Senator Barker of the 18th:
A resolution urging the Congress of the United States to continue suffi cient funding for Amtrak.

SR 188.

By Senator Hudgins of the 15th:
A resolution urging the Division of Youth Services of the Department of Human Resources to call and convene a meeting of youth services de partments of the southern states to discuss possible ways to coordinate services for emotionally disturbed juveniles.

SR 189.

By Senators Barnes of the 33rd, Scott of the 2nd, Hudgins of the 15th and Kidd of the 25th:
A resolution urging the Supreme Court, through the Judicial Council of the State of Georgia and the Administrative Office of the Courts, to de velop and promulgate rules and regulations concerning the handling of court cases involving child abuse.

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JOURNAL OF THE SENATE

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 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 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.

HB 314.

By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to pro vide for editorial revision; to define certain terms; to delete the require ment of approval by the Secretary of State of appointments to the Geor gia Real Estate Commission.

HB 485.

By Representative Colwell of the 4th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor.

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-

THURSDAY, FEBRUARY 28, 1985

1801

ing or licensing persons as used car dealers unless such persons are ap proved for licensure by the state.

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.

HR 106.

By Representative McDonald of the 12th:
A resolution creating the Joint Study Committee on Superior Court Judgeships.

HR 122.

By Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th and others:
A resolution creating the Atlanta Charter Review Study Committee.

HR 174.

By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th and others:
A resolution designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge.

HR 200. By Representative Ramsey of the 3rd: A resolution designating the Charlie Kendrick Memorial Bridge.

HR 281.

By Representatives Holmes of the 28th, McKinney of the 35th and Alien of the 127th:
A resolution condemning the Iranian persecution of members of the Bahai religious faith.

HR 99. By Representative Johnson of the 72nd:
A resolution compensating Mr. David M. Burns in the amount of $1,054.19.

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

Albert Allgood Barker

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

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JOURNAL OF THE SENATE

Bryant Cobb Dawkins Dean ^
poster GiUis Greene Harris Harrison

Holloway Horton Hudgins
Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry

Ray Reddish Scott of 2nd
Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Walker

Those not answering were Senators:

Baldwin
Barnes CBoulretomnan Coverdell

Deal
Garner H,,-ine Howard

Langford
Phillips (excused) So tumb\.au\gh Tysinger (excused)

Senator Hudgins of the 15th introduced the chaplain of the day, Reverend Riley K. Middleton, Jr., pastor of the South Columbus United Methodist Church, Columbus, Georgia.

The following resolutions of the Senate were read and adopted:

SR 211. By Senator Burton of the 5th: A resolution commending the New York Metropolitan Opera.

SR 212. By Senators Foster of the 50th and Deal of the 49th: A resolution commending and honoring Mr. Xavier Roberts.

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 28, 1985
THIRTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

THURSDAY, FEBRUARY 28, 1985

1803

SB 271 Bryant, 3rd Reddish, 6th Glynn County
Amends Act fixing compensation of members of board of education of said county.

*HB 623

Tolleson, 32nd Barnes, 33rd Harrison, 37th Brantley, 56th Cobb County
To create board of elections and registration. (SUBSTITUTE)

*HB 762

Perry, 7th Tift County
To create board of elections and registration. (AMENDMENT)

HB 860 Kennedy, 4th Tattnall County
Continues amendment creating Industrial Development Authority.

HB 861

Kennedy, 4th Tattnall County
Continues amendment authorizing General Assembly to provide by law for election of members of Board of Education.

HB 862 Kennedy, 4th City of Glennville Tattnall County
Amends Act creating new charter for city; provides for election of mayor and council.

HB 864 Fincher, 54th Murray County
Amends Act placing coroner on annual salary; changes provisions relat ing to compensation of coroner.

HB 865

Fincher, 54th Murray County
Amends Act placing clerk of superior court, sheriff, judge of probate court, and tax commissioner upon an annual salary; changes provisions relating to compensation of said officers.

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JOURNAL OF THE SENATE

HB 866 Fincher, 54th Murray County
Amends Act creating office of commissioner; changes provisions relating to compensation of commissioner.

HB 868

Reddish, 6th Bacon County
Amends Act providing for election of board of education; changes com pensation of chairman and members of board.

HB 871

Baldwin, 29th City of Bowdon Carroll County
Continues amendment which relates to provision of a homestead exemp tion for resident of city in an amount to be fixed by city governing au thority at not more than $2,000 from all city ad valorem taxes.

HB 880 Broun, 46th Clarke County
Amends Act creating board of commissioners; changes compensation of chairman and other members of board of commissioners.

HB 882 Reddish, 6th Brantley County
Amends Act creating office of Commissioners of Roads and Revenues; changes compensation of chairman and other members of board.

HB 890

Barker, 18th City of Centerville Houston County
Amends Act incorporating city; changes provisions relating to qualifica tions of candidates for election to office of mayor and councilman.

*HB 896

Bowen, 13th City of Sylvester Worth County
Amends Act providing new charter for city; provides for election of mayor and members of council. (SUBSTITUTE)

The following substitutes and amendment to the following bills were put upon their adoption:

*HB 623:

THURSDAY, FEBRUARY 28, 1985

1805

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 623:

A BILL
To be entitled an Act to create a board of elections and registration in Cobb County; to provide for the powers and duties of the board; to provide for the appointment of the members of the board; to provide for qualifica tions of members; to provide for the filling of vacancies; to provide for an election supervisor and other employees of the board; to provide for the com pensation of members of the board, the election supervisor, and the employ ees; to provide for the organization, meetings, and procedures of the board; to provide for the selection of a chairman of the board; to provide for facili ties, equipment, and supplies; to provide for the duties of the election super visor; to provide for contracts with certain municipalities; to transfer duties and powers; to abolish the board of registrars; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Pursuant to the authorization contained in Code Section 21-2-40 of the O.C.G.A., there is created the Cobb County Board of Elec tions and Registration.
(b) The board shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents as pro vided in Title 21 of the O.C.G.A. and shall be empowered with all the powers and duties relating to the registration of voters and absentee bal loting procedures as boards of registrars as provided in Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectu ate that purpose.
Section 2. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Cobb County.
(b) One member shall be appointed by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assem bly at the last preceding general election; one member shall be appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes in this state for members of the General Assembly at the last preceding general elec tion; one member shall be appointed by the chairman of the county gov erning authority; and two members, one of whom shall reside in the por tion of Cobb County included within House District No. 20 and one of whom shall reside in the portion of Cobb County included within House District No. 21, shall be appointed by the members of the General As sembly who represent all or any portion of Cobb County. The initial member appointed by the chairman of the governing authority and the initial members appointed by the members of the General Assembly rep resenting Cobb County shall serve for terms of four years and until their

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JOURNAL OF THE SENATE

successors are appointed and qualified. The initial members appointed by the chairman of the executive committees of the political parties shall serve for terms of two years and until their successors are appointed and qualified. Thereafter, all members of the board of elections and registra tion shall be appointed for terms of four years and until their successors are appointed and qualified.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a can didate for elective public office.
Section 4. The appointment of each member shall be made by the re spective appointing authority filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board shall be eligible to succeed him self for one term and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time, for cause after notice and hearing, and in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term by removal, death, resignation, or other wise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appoint ments in the same manner as the regular appointment of members.
Section 7. The first members of the board under this Act shall take office on July 1, 1985. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 8. (a) The board of elections and registration shall employ a full-time election supervisor to administer and supervise the conduct of elec tions and primaries and the registration of electors of the county and such other employees as the governing authority of Cobb County shall approve. The board of elections and registration shall appoint the election supervisor who shall serve for a period of four years and until his successor is appointed and qualified. The election supervisor shall be subject to removal from the board at any time for cause, after notice and a hearing, and in the same manner and by the same authority as provided for the removal of registrars.
(b) The board shall act within 60 days of its members taking office under this Act to retain or appoint an election supervisor, who shall be

THURSDAY, FEBRUARY 28, 1985

1807

hired by the board from a job description drawn by said board. The cur rent election administrator shall act as election supervisor until an elec tions supervisor is retained or appointed as provided in this section.
(c) The compensation of the chairman and other members of the board of elections and registration, clerical assistants, and other employ ees of the board shall be as fixed by the governing authority of the county. Such compensation shall be paid from county funds.
(d) The election supervisor and other employees of the board shall receive such compensation as the governing authority of Cobb County shall determine.
(e) The governing authority of Cobb County shall provide proper and suitable office space, equipment, and supplies. Compensation pro vided for in this section shall be paid from county funds.
Section 9. (a) The election supervisor shall generally supervise, direct, and control the administration of the affairs of the board of elections and registration pursuant to law and duly adopted resolutions of the board.
(b) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs com mitted to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The first chairman of the board of elections and registration shall be the first member of the board ap pointed by the chairman of the governing authority; thereafter, the board shall elect one of its members to serve as chairman at the pleasure of the board.
(c) The board shall fix and establish by appropriate resolution en tered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings. Any spe cial called meetings shall be called by the chairman or any three mem bers. The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
Section 10. The board of elections and registration shall have the au thority to contract with any municipality located within Cobb County for the holding by the board of any primary or election to be conducted within the municipality.
Section 11. Effective July 1, 1985, the superintendent and the board of registrars in Cobb County shall be relieved of all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, pa pers, records, and facilities pertaining to such powers and duties. At such time, the board of registrars in Cobb County shall stand abolished.
Section 12. 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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JOURNAL OF THE SENATE

*HB 762:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 762 by striking the word "senior" on line 11 of Page 2 and substituting in lieu thereof the word "chief.

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

*HB 896:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 896:

A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3352), so as to provide for the election of the mayor and members of the council; to provide for election wards; to provide that members of the council shall be elected from election wards; to provide for the current mayor and members of the coun cil; to provide for terms of office; to provide the date of municipal elections; to provide for election procedures; to provide for special elections; to provide for other matters relative to the foregoing; to provide effective dates; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2065) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3352), is amended by striking Section 1-3 and inserting in lieu thereof a new Section 1-3 to read as follows:
"Sec. 1-3. Municipal government of city designated. The municipal government of said city shall consist of a mayor and four members of council and such other officers, servants, and agents in addition to those enumerated in the charter as said mayor and council may from time to time lawfully employ or elect."
Section 2. Said Act is further amended by striking Section 2-4, Section 2-5, and Section 2-5a and inserting in lieu thereof a new Section 2-4 and a new Section 2-5 to read as follows:

THURSDAY, FEBRUARY 28, 1985

1809

"Sec. 2-4. (a) For the purpose of electing councilmen, the City of Sylvester shall be divided into four election wards consisting of the fol lowing territory within the City of Sylvester:
Election Ward 1
That portion of the City of Sylvester west of Isabella Street (Ca milla Highway) and south of Pope Street and Atlantic Street (the west ern extension of Pope Street).
Election Ward 2
That portion of the City of Sylvester west of Isabella Street (Ca milla Highway) and north of Pope Street and Atlantic Street (the west ern extension of Pope Street).
Election Ward 3
That portion of the City of Sylvester east of Isabella Street (Camilla Highway) and north of Franklin Street (U.S. Highway No. 82).
Election Ward 4
That portion of the City of Sylvester east of Isabella Street (Camilla Highway) and south of Franklin Street (U.S. Highway No. 82).
(b) For the purposes of this section:
(1) Whenever the description of any election ward refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(2) Any part of the City of Sylvester which is not included in this section or any territory annexed into the city shall be included within that election ward contiguous to such part or territory which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(c) Candidates for the office of mayor shall, at the time of nomina tion and election, reside within the city. Each candidate for the office of councilman shall, at the time of nomination and election, reside within the election ward he seeks to represent. A member of the council shall not be disqualified from completing the term of office to which he was elected by reason of his moving his personal residence from one election ward to another. If the mayor or a member of the council moves his personal residence to a location outside the corporate limits of the city he shall be disqualified for further service as such, and a vacancy in such office shall immediately occur.
Sec. 2-5. (a) A general election for the City of Sylvester shall be held on the first Tuesday following the first Monday in November in each odd-numbered year. The mayor and members of the council elected at a general election shall take office on January 1 of the year following their election and shall serve for terms of office of four years and until their successors are elected and qualified. The mayor shall be nominated

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JOURNAL OF THE SENATE

and elected by the electors residing in the city at large. Each member of the council shall be nominated and elected by the electors residing within his respective election ward. A majority of the votes cast in any primary or election shall be required for nomination or election to the office of mayor or councilman.
(b) The mayor and councilmen in office on January 10, 1986, shall continue to serve out the remainder of the terms to which they were elected. At the general election in 1987 and every four years thereafter, a councilman shall be elected from Election Ward 1, and a councilman shall be elected from Election Ward 2. At the general election in 1989 and every four years thereafter, the mayor shall be elected, a councilman shall be elected from Election Ward 3, and a councilman shall be elected from Election Ward 4."
Section 3. Said Act is further amended by striking in its entirety Arti cle V., relating to elections, and inserting in its place a new Article V. to read as follows:

"ARTICLE V. ELECTIONS
Sec. 5-1. The city shall maintain its own voter registration lists.
Sec. 5-2. The mayor and council, or so many of them as are not dis qualified by being a candidate for election shall, in their first meeting after their election, receive the election return from the municipal election super intendent and declare the result of the election in accordance with the certif icate of the superintendent.
Sec. 5-3. All provisions and procedures relating to elections in the city, not otherwise specified by local law, shall be governed by Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'"
Section 4. The two members of the council who are in office on the effective date of this section whose terms expired in 1984 but who are con tinuing to hold office shall continue to hold office until July 1, 1985, and until their successors are elected at the special election provided for in this section and qualified. On the second Tuesday in June, 1985, there shall be a special election to elect members of the council to represent Election Ward 1 and Election Ward 2 as such election wards are described in Section 2 of this Act. Each candidate shall reside in the election ward he seeks to represent and shall be elected by a majority of the electors voting in such special election who reside in each respective election ward. Members of the council elected at this special election shall take office on July 1, 1985, and shall serve until December 31, 1987, and until their successors are elected and qualified. The special election provided for in this section shall be gov erned by Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 5. The mayor and two members of the council who are in office on the effective date of this section whose terms expire December 31, 1986, shall continue to serve only until December 31, 1985, and until their succes sors are elected at the special election provided for in this section and quali fied. On the Tuesday following the first Monday in November, 1985, there

THURSDAY, FEBRUARY 28, 1985

1811

shall be a special election to elect the mayor and members of the council to represent Election Ward 3 and Election Ward 4 as such wards are described in Section 2 of this Act. Candidates for mayor shall reside in the city and each candidate for membership on the council shall reside in the election ward he seeks to represent. The mayor shall be elected by a majority of the electors voting in such special election who reside in the city at large. Each member of the council shall be elected by a majority of the electors voting in such special election who reside in each respective election ward. The mayor and members of the council elected at this special election shall take office on January 1, 1986, and shall serve until December 31, 1989, and until their successors are elected and qualified. The special election provided for in this section shall be governed by Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective January 1, 1986.
(b) Section 3, Section 4, and Section 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the 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
JC*oawnennon
Brown'of 47th Burton Cobb Coverdell Dawkins Deal Dean Engram

Foster Garner Gillis Harris
HHianrerison
" olloway Horton Howard Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Ray
SRceodtdtisohf 2nd
STM of 36th Starr Tate Timmons Tolleson Trulock Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker J*arnes ,, Broun of 46th Bryant Coleman

English Fincher Greene Hudgins

Langford Phillips (excused) Stumbaugh Tysinger (excused)

On the passage of all the local bills, the yeas were 43, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 623, HB 762 and HB 896, having received the requisite constitutional majority, were passed.

HB 762, having received the requisite constitutional majority, was passed as amended.

HB 623 and HB 896, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Thursday, February 28, 1985
THIRTY-FIFTH LEGISLATIVE DAY
HB 200 Department of Human Resources--interstate compacts with other states for reciprocal adoption assistance (Int Coop-15th)
HB 398 Sheriffs Retirement Fund--options, optional benefits (Ret--llth) HB 723 Utility Rate Change Appeal--require certain court rulings (SUB
STITUTE) (AMENDMENTS) (Pub U--45th) HB 256 Coroner's Training Council--create (Gov Op--15th) HB 311 Professional Associations--registered agent and office filed with Sec
retary of State (Judy--29th) HR 198 Regulated Local Exchange Telephone Companies--encourage to
compete with nonregulated (Pub U--2nd) HB 498 Office of Legislative Counsel--payment of social security
(Judy--49th) HB 645 Kidney Disease Advisory Committee--change membership (Hum
R--42nd)
HB 142 Providing Alcoholic Beverages to Person under 19--change penalty (C Aff--33rd)
HB 226 Appropriations, 1985-86--provide (SUBSTITUTE) (Approp--llth)
HB 566 Wine Produced in State--regulate quality, safety (C Aff--47th)

THURSDAY, FEBRUARY 28, 1985

1813

HB 567 Farm Wineries--provide for sales at retail, wholesale (C Aff--47th)
HR 74 Joint Tandem Trailer Access to Public Roads Study Commit tee--create (AMENDMENT) (Rules--12th)
HB 35 Soil Erosion, Sedimentation Control--technical assistance to city, county (AMENDMENT) (Nat R--20th)
HB 341 Garnishment--revenue commissioner use to collect taxes, fees, inter est (B&F--43rd)
HB 239 Certain Mechanics' Liens--priority over certain perfected security interests (SUBSTITUTE) (Judy--24th)
HB 461 Personal Care Homes--define role of county boards of health (Pub Saf--28th)
HB 681 Merit System--redefine "unclassified service" (Gov Op--25th)
HB 61 Intestate Decedent--moneys may be deposited into savings account (B&F--45th)
HB 185 Informal Detention Hearing--within 72 hours for child alleged de prived (SUBSTITUTE) (C&Y--15th)
SR 184 United States Constitutional Amendment on Representation of Dis trict of Columbia in Congress--ratify (Gov Op--39th)
HB 783 State Auditor's Personnel Report--copy not required for General As sembly (Gov Op--25th)
HB 776 Legislative Services Committee--provisions on legislative area repair, construction (Judy--49th)
HB 761 Tax Collector as Ex Officio Sheriff--exceptions to requirement of written consent (Gov Op--25th)
HB 507 Vehicle Transporting Hazardous Materials--Public Service Commis sion promulgate safety regulations (Nat R--18th)
HB 430 Cities, Counties--additional redevelopment powers (U&CA G--8th)
HB 171 Secretary of State--provide for investigatory authority and subpoena power (Judy--52nd)
HB 188 County Run-Off Primary--provisions for opening only one polling place (AMENDMENT) (Gov Op--25th)
HB 436 Department of Administrative Services--lease contracts for adminis trative space to be constructed (Gov Op--25th)
SR 187 Packaging, Transporting Hazardous Materials--urge Congress to strengthen laws (Nat R--49th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

1814

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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.
The House amendments were as follows:
Amendment No. 1: Amend SB 90 by adding in the title on line 5 of Page 1, between the
word "county" and the word "shall", the following: "with approval of the clerk of the superior court of the county".
By adding in Section 1 on line 25 of Page 1, between the word "county" and the word "shall", the following:
"with approval of the clerk of the superior court of the county". Amendment No. 2:
Amend SB 90 by striking the House Committee on State Institutions and Property's amendment to said bill. Amendment No. 3:
Amend SB 90 by adding the following at the end of Section 1 begin ning on line 2, Page 2:
"Nothing in this section shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pur suant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution nor to establish any right of any inmate of such correctional institution to have any habeas corpus and other nonjury proceedings pursuant to Article 2, Chapter 14 of Title 9 involving in mates of such correctional institution."
Senator Kennedy of the 4th moved that the Senate agree to the House amend ments to SB 90.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Bowen Brannon

Broun of 46th Brown of 47th Burton

THURSDAY, FEBRUARY 28, 1985

1815

Cobb Coverdell Dawkins Deal Dean English EFonsgtrearm
Gillis
Harris
Harrison
Hine

Holloway Horton Howard Hudgins Huggms Kennedy LKaidndd
McGill
McKenzie
Peevy
Perry

Ray Reddish Scott of 2nd Scott of 36th Starr
Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Barnes Bond Brantley Bryant

Coleman Fincher Garner Greene

Langford Phillips (excused) Stumbaugh Tysinger (excused)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 90.

The following local resolution of the Senate was taken up for the purpose of con sidering the House amendments thereto:

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 House amendments were as follows:

Amendment No. 1: Amend SR 10 by adding on Page 2, line 7, after the word "Resolved",
the following: "AND ENACTED".
Amendment No. 2: Amend SR 10 by striking on line 17 of Page 2 the following: "a purchaser or purchasers",
and inserting in its place the following: "the Baldwin County Memorial Hospital".

1816

JOURNAL OF THE SENATE

Senator Kidd of the 25th moved that the Senate disagree to the House amend ments to SR 10.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SR 10.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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

The House amendment was as follows:

Amend SR 9 by adding on Page 3, line 1, after the word "Resolved", the following:
"AND ENACTED".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 9.

On the motion, 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 Cobb Coleman Dawkins Deal

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

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

THURSDAY, FEBRUARY 28, 1985

1817

Those not voting were Senators:

Barnes Bryant Coverdell Fincher

Garner Greene Langford Phillips (excused)

Stumbaugh Tysinger (excused) Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 9.

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

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.
The House substitute to SB 178 was as follows:

A BILL
To be entitled an Act to amend an Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, so as to change the compen sation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to provide for the terms of that court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 187172, p. 288), as amended, is amended by striking Section IB in its entirety and inserting in lieu thereof a new Section IB to read as follows:
"Section 1B. The judge and the solicitor of the State Court of Bald win County shall each receive an annual salary of not less than $18,000.00 nor more than $25,000.00 as determined by the governing authority of the county, payable in equal monthly installments out of the funds of Baldwin County."
Section 2. Said Act is further amended by adding immediately follow ing Section IE thereof a new Section IF to read as follows:
"Section 1F. The terms of the State Court of Baldwin County shall be bimonthly and shall be held on the first and third Monday in each month. These terms shall continue from day to day, unless adjourned over to some other day in the discretion of the judge, until the business is disposed of."

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JOURNAL OF THE SENATE

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

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 178.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 178.

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 deputies, clerks, investigators, and other employees as he shall deem nec essary to assist him in discharging the official duties of his office.

The House substitute to SB 218 was as follows:

A BILL
To be entitled an Act to amend an Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2848), so as to authorize the sheriff to appoint such deputies, clerks, investigators, and other employees as he shall deem necessary to as sist him in discharging the official duties of his office; to provide that the sheriff shall recommend to the governing authority of Rockdale County the number of such personnel needed by his office, together with suggested com pensation to be paid each employee; to authorize the governing authority to fix the compensation to be received by each employee in the sheriffs office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2848), is amended by striking Section 4 and Section 5 in their entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The sheriff shall have the authority to appoint such dep uties, clerks, investigators, and other employees as he shall deem neces sary to discharge the official duties of his office efficiently and effectively and in no event shall the sheriff appoint fewer deputies, clerks, investiga tors, and other employees than that number so employed on January 1, 1985. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, to gether with the suggested compensation to be paid each employee. How ever, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in

THURSDAY, FEBRUARY 28, 1985

1819

said office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other em ployees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 218.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 218.

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

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.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

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

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine

Holloway Horton Hudgins Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry Ray Reddish

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JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr

Tate Timmons Tolleson

Trulock Turner Walker

Those not voting were Senators:

Brannon Brantley Greene

Howard Langford Phillips (excused)

Stumbaugh Tysinger (excused)

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

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

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.
Senate Sponsor: Senator Timmons of the llth.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman, House Retire

ment Committee

FROM: W. M. Nixon, State Auditor

DATE: January 29, 1985

SUBJECT: House Bill 398 (LC 9 4084) Sheriffs' Retirement Fund

This Bill would revise the basis for computing the monthly retirement benefits for those members who elect to provide for spouses' benefits (either 100% or 50% of the member's benefits). Under current law, the amount of the member's retirement benefit is the actuarial equivalent of the benefit that would be paid without providing for spouses' benefits based on the 1971 Forecast Mortality Table prepared by the firm of Towers, Perrin, Forster,

THURSDAY, FEBRUARY 28, 1985

1821

Crosby, Inc. This Bill would require that such actuarial equivalents be based on a current and accurate mortality table adopted by the Fund's board.

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

Those not voting were Senators:

Allgood Bond Langford

Phillips (excused) Stumbaugh

Tolleson Tysinger (excused)

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

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

1822

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Public Utilities offered the following substitute to HB 723:

A BILL
To be entitled an Act 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, interest, and refunds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-2-25 of the Official Code of Georgia Anno tated, relating to procedures for changing utility rates and charges, is amended by adding at the end a new subsection (e) to read as follows:
"(e) If the commission rules and issues its order within the time provided by subsection (b) of this Code section and the utility appeals from the order by properly filing with the Superior Court of Fulton County a petition to review that order and the utility petitions the Supe rior Court of Fulton County for an injunction to establish temporary rates pending a final ruling on the appeal, the court shall either issue a final ruling on all issues in the appealed-from order or shall issue a ruling on the utility's petition for an injunction within 45 days after filing of the petition. In the event that court issues neither such order by the fortysixth day after filing the petition for an injunction, the utility may put any or all of the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case. Such bond shall be fixed by the court in an amount not to exceed $250,000.00, with sureties approved by the court, conditioned upon the refund, in a manner to be prescribed by order of the court, to those persons, corporations, municipalities, and other entities entitled to the amount of the excess if the rate or rates put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the court for the protection of parties interested. The bond shall be paya ble to the Governor and shall be conditioned upon the faithful perform ance of the requirements of any refund order entered by the court. Dur ing any period in which a utility shall charge increased rates under bond, it shall provide, as ordered by the court, records or other evidence of payments made by its subscribers or patrons under the rate or rates

THURSDAY, FEBRUARY 28, 1985

1823

which the utility has put into operation in excess of the rate or rates in effect immediately prior to the filing of the schedule. In all cases in which a refund is due, the court shall order a total refund of the differ ence between the amount collected under bond and the amount finally approved. All increases in rates put into effect under the provisions of this subsection which are not approved and for which a refund is re quired shall bear interest at the rate prescribed on judgments. The inter est shall commence on the date the disallowed increase is paid and con tinue until the date the refund is made. This subsection shall not apply to rates involving a nuclear electric power generating facility rate base phase-in. This subsection shall only apply to appeals from a final order of the commission ruling on the application for an increase in rates."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to HB 723 offered by the Senate Committee on Public Utilities by adding on line 6 of Page 1 after the following:
"refunds;",
the following:
"to provide for rate refunds and interest thereon for certain other rates during appeal;".
By striking from line 12 of Page 1 the following:
"a new subsection (e)",
and inserting in its place the following:
"new subsections (e) and (f)".
By striking the quotes from line 34 of Page 2.
By adding after line 34 of Page 2 the following:
"(f) In any case in which an appeal from a commission order is filed by any party and upon a final ruling on the appeal if it is determined by the court that the rate or rates put into effect during the period of the appeal are excessive, the court shall order a total refund of the difference between the amount collected during the appeal and the amount finally approved; and such refund shall bear interest at the rate prescribed on judgments. The interest shall commence on the date the disallowed increase is paid and con tinue until the date the refund is made.' "

Senator Stumbaugh of the 55th asked unanimous consent to withdraw the amend ment offered by him to the substitute to HB 723 offered by the Senate Committee on Public Utilities; the consent was granted, and the amendment offered by Senator Stumbaugh of the 55th was withdrawn.

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JOURNAL OF THE SENATE

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to HB 723 offered by the Senate Committee on Public Utilities by striking on Page 1, line 20, and Page 1, line 22, the word "shall" and inserting in lieu thereof the word "may".

On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.

Senators Peevy of the 48th and Deal of the 49th offered the following amendment:

Amend the substitute to HB 723 offered by the Senate Committee on Public Utilities by adding immediately following "case" on line 2 of Page 2 the following:
"; provided, however, that the Court may upon its own order, at any time, issue a ruling on all issues or on the petition for injunction."

On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

Coverdell Dawkins Dean English Engram Fincher Foster Garner Gillis Harris Harrison Holloway Horton

Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Ray Scott of 2nd Scott of 36th

THURSDAY, FEBRUARY 28, 1985

1825

Starr Stumbaugh

Tate Trulock

Turner Walker

Those voting in the negative were Senators:

Barnes

Hine

Burton

Those not voting were Senators:

Deal Greene Phillips (excused)

Reddish Timmons

Howard
Tolleson Tysinger (excused)

On the passage of the bill, the yeas were 45, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate was read and adopted:

SR 213. By Senator Hudgins of the 15th: A resolution commending Mr. Garland H. "Bulldog" Williams.
Senator Hudgins of the 15th introduced Mr. Garland H. "Bulldog" Williams to the Senators.
Senator Coverdell of the 40th asked unanimous consent to excuse Senator Phillips of the 9th from the Senate today due to a death in his family; the consent was granted, and Senator Phillips of the 9th was excused from the Senate today.
Senator Coverdell of the 40th asked unanimous consent to excuse Senator Tys inger of the 41st from the Senate today due to a death in his family; the consent was granted, and Senator Tysinger of the 41st was excused from the Senate today.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

1826

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Hudgins of the 15th.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Bond Deal Garner

Greene Phillips (excused) Scott of 2nd

Tolleson Tysinger (excused)

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

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

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

THURSDAY, FEBRUARY 28, 1985

1827

and registered office; to require that such agent and office be filed with the Secretary of State.
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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dean Engram Fincher Foster Garner Gillis Harris Harrison Hine Horton Howard Huggins Kennedy

Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Tate Turner

Those not voting were Senators:

Bond Dawkins Deal English Greene

Holloway Hudgins Phillips (excused) Starr Stumbaugh

Timmons Tolleson
Trulock Tysinger (excused) Walker

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

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

Senator English of the 21st introduced Reverend Lucious Merrion, of Swainsboro, Georgia, who, having been commended by SR 105 adopted February 5, briefly ad dressed the Senate.

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

1828

JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Scott of the 2nd.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Huggins Kennedy

Kidd McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner

Those not voting were Senators:

Barnes Bond Dawkins Deal Greene

Harrison Hudgins Land Langford McGill

Phillips (excused) Tolleson Trulock Tysinger (excused) Walker

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

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

THURSDAY, FEBRUARY 28, 1985

1829

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.
Senate Sponsors: Senators Deal of the 49th and 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 Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dean

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

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

Those not voting were Senators:

Baldwin Dawkins Deal

Greene Hudgins Huggins

Phillips (excused) Tolleson Tysinger (excused)

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

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

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-

1830

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Dawkins Deal Greene

Howard Hudgins Phillips (excused)

Tolleson Trulock Tysinger (excused)

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

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

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

THURSDAY, FEBRUARY 28, 1985

1831

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.

The House amendment was as follows:

Amend the Senate substitute to HB 452 by striking lines 30 through 32 on Page 2 and lines 1 through 8 on Page 3 in their entirety and substituting in lieu thereof the following:
"(b) Nothing contained in this Code section shall apply to class ac tions involving mobile homes or manufactured homes pending in any courts of this state, including any United States courts, on February 22, 1985, as to the parties to and subject matter then before such courts.'"
Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to the Senate substitute to HB 452.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Bowen Brannon Broun of 46th Brown of 47th CBoubrtbon
Coverdell Dean English Fincher Foster

Garner Gillis Harrison Hine Holloway HHouwdgairnds
Huggins Kennedy Kidd McGill Perry

Those voting in the negative were Senators:

Albert Allgood BBaalrdkwerin
Barnes
Brantley

Bryant Coleman rD\eali
Engram
Harris

Ray Reddish Scott of 2nd Scott of 36th Starr S,,,,tumb, augh, Iate Timmons Trulock Turner Walker
Horton Land Li an8frordj Peevy Tolleson

1832

JOURNAL OF THE SENATE

Those not voting were Senators:

Dawkins Greene

McKenzie Phillips (excused)

Tysinger (excused)

On the motion, the yeas were 35, nays 16; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 452.

As provided for in Senate Rule 61, the Senators listed below protested the action taken by the Senate on the House amendment to the Senate substitute to HB 452 and requested that the following be included in today's Journal:

Barnes 33rd, Allgood 22nd, Albert 23rd request to place in Journal af ter vote on amendment to HB 452: "It is the intent and understanding of the legislature that HB 452 is not to affect in any manner any class actions pending in any State or Federal Court as of February 28, 1985."

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

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.
Senate Sponsors: Senators Barnes of the 33rd and Broun of the 46th.

Senators Broun of the 46th, Deal of the 49th and Barnes of the 33rd offered the following substitute to HB 142:

A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving al coholic beverages, so as to provide that it shall be a criminal offense for an underage person to misrepresent his or her identity or use any false identifi cation for the purpose of purchasing or acquiring any alcoholic beverage; to provide the penalty to be imposed upon the second or subsequent conviction of furnishing alcoholic beverages to underage persons, purchasing alcoholic beverages by an underage person, misrepresenting one's age for the purpose of illegally obtaining alcoholic beverages, acting as an agent to purchase or acquire alcoholic beverages for an underage person, or misrepresentation of

THURSDAY, FEBRUARY 28, 1985

1833

identity by an underage person for the purpose of purchasing or obtaining alcoholic beverages; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, is amended by striking the word "and" from the end of paragraph (3) of subsection (a) of Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, by replacing the period at the end of par agraph (4) of said subsection (a) with the symbol and word "; or", and by adding a new paragraph (5) of said subsection (a) to read as follows:
"(5) No person under 20 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage."
Section 2. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, and inserting in its place a new para graph to read as follows:
"(5) No person under 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage."
Section 3. Said article is further amended by striking subsection (b) of Code Section 3-3-23.1, relating to penalties for violating certain laws relat ing to alcoholic beverages, which subsection reads as follows:
"(b) Any person violating any prohibition contained in Code Section 3-3-23 shall be guilty of a misdemeanor, except that any person con victed of possession of alcoholic beverages pursuant to paragraph (2) of subsection (a) of Code Section 3-3-23 shall be guilty of a misdemeanor but punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.
(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subse quent conviction, be guilty of a misdemeanor of a high and aggravated nature."
Section 4. Section 1 of this Act shall become effective September 30,

1834

JOURNAL OF THE SENATE

1985. Section 2 of this Act shall become effective September 30, 1986. Sec tion 3 of this Act shall become effective July 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Albert Bond Brantley
Dawkins Fincher

Garner Greene Howard McGill

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

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

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

THURSDAY, FEBRUARY 28, 1985

1835

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.

Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute to HB 226:

A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, po litical subdivisions and for all other governmental activities, projects and un dertakings authorized by law, and for all leases, contracts, agreements, and grants authorizd by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1985, and ending June 30, 1986, as pre scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,838,000,000 for State fiscal year 1986.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch............ $ Personal Services - Staff .................. $ Personal Services - Elected
Officials............... ............... $ Regular Operating Expenses ............... $ Travel - Staff............................ $ Travel - Elected Officials ..................$ Motor Vehicle Equipment Purchases ........$ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $

17,348,140 6,964,638
2,380,108 1,646,924
91,200 0 0
533,000 464,022 586,684
8,783

1836

JOURNAL OF THE SENATE

Telecommunications ...................... $ Per Diem, Fees and
Contracts - Staff ....................... $ Per Diem, Fees and
Contracts - Elected Officials ............. $ Postage ................................. $ Photography............................. $ Expense Reimbursement Account........... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $

600,803
540,690
1,719,896 63,592 65,000
1,132,800 550,000
17,348,140 17,348,140

Senate Functional Budgets
Total Funds Senate ....................... $ 3,124,734 Lt. Governor's Office .............. $ 348,841 Secretary of the
Senate's Office ................. $ 866,277 Total ........................... $ 4,339,852

State Funds $ 3,124,734 $ 348,841
$ 866,277 $ 4,339,852

House Functional Budgets
Total Funds House of Representatives .......... $ 6,451,977 Speaker of the
House's Office.................. $ 226,716 Clerk of the House's Office ........ $ 953,233 Total ........................... $ 7,631,926

State Funds $ 6,451,977
$ 226,716 $ 953,233 $ 7,631,926

Joint Functional Budgets

Legislative Counsel's Office ...............
Legislative Fiscal Office . Legislative Budget Office Ancillary Activities ..... Total .................

Total Funds
2,140,625 1,482,561
677,550 1,075,626 5,376,362

State Funds
: 2,140,625 ; 1,482,561
677,550 l 1,075,626 1 5,376,362

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-

THURSDAY, FEBRUARY 28, 1985

1837

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; provided, how ever, before the Legislative Services Committee autho rizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legis lative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representa tives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such pay ments 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

1838

JOURNAL OF THE SENATE

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 .
Operations ...................... Tax Ratio Study ................. Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

$ 6,783,869
7,597,152 350,000
7,947,152 6,783,869
195 37

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.
Budget Unit: Supreme Court .............. $
Court Operations ......................... $ Appellate Court Reports .................. $

3,030,000
2,911,000 119,000

Section 4. Court of Appeals. Budget Unit: Court of Appeals ............. $

3,398,042

Section 5. Superior Courts.

Budget Unit: Superior Courts .............. $ 25,926,400

Operation of the Courts ................... $ Prosecuting Attorneys' Council ............. $ Sentence Review Panel.................... $ Council of Superior
Court Judges .......................... $ Judicial Administrative
Districts .............................. $ Habeas Corpus Clerk ..................... $

24,667,755 516,000 110,000
49,900
575,500 7,245

Section 6. Juvenile Courts.
Budget Unit: Juvenile Courts .............. $
Council Operations ....................... $ Circuit Judgeships........................ $

597,810
167,810 430,000

THURSDAY, FEBRUARY 28, 1985
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education...................... $
Institute's Operations ..................... $ Georgia Magistrate Courts
Training Council ....................... $

1839
263,912 246,500
17,412

Section 8. Judicial Council.
Budget Unit: Judicial Council.
Council Operations .......... Payments to Judicial
Administrative Districts for Case Counting ............ Board of Court Reporting ....

605,700 518,900
67,100 19,700

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ........................... $

104,325

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services .............

$ 19,370,046

Administrative Services Budget:

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

28,772,699 7,187,813
186,613
378,330 266,901 1,015,498 7,369,431 2,802,692 500,011 511,381 20,041,264 32,700

1840

JOURNAL OF THE SENATE

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 ....................... $
Unemployment Compensation Payments ............................. $,
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted
Authorized Motor Vehicles

11,552
1,845,140
300,000
850,000
29,292,784 8,636,000 608,800 55,000 30,000 2.,0-_00-,._00._0
1 12,694,609 19,370,046
1,003 300

Department of Administrative Services Functional Budgets

Total Funds
State Properties
Commission .......... $ 310,144
Departmental
Administration ........ $ 2,946,359
Treasury and Fiscal
Administration ........ $ 10,506,407 Central Supply
Administration ........ $ 8,442,710 Procurement
Administration ........ $ 2,164,560 General Services
Administration ........ $ 471,198 Space Management
Administration ....... $ 418,716 Data Processing Services . $ 44,186,771 Motor Pool Services ..... $ 2,231,793 Communication Services . . $ 33,705,483 Printing Services ........ $ 4,630,532 Surplus Property Services. $ 1,259,562 Mail and Courier Services $ 338,344

State Funds

Pos.

$ 310,144

6

$ 2,946,359

42

$ 8,661,267

30

$

--0--

19

$ 2,164,560

52

$

--0--

11

$ 418,716

12

$ 4,869,000

541

$

--^0--

24

$

--0--

120

$

Q

69

$

--0--

40

$

--0--

10

THURSDAY, FEBRUARY 28, 1985

1841

Risk Management Services $ 1,082,030

Undistributed ........... $

--0--

--0--

27

0

Total

$ 112,694,609

B. Budget Unit: Georgia Building Authority

19,370,046 1,003

$

--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

14,109,040 3,353,461
4,000 34,600 30,000 94,860 --0-- 46,296 84,679 120,000 200,000 855,968 6,953,164
--0--
300,000 26,186,068
--0-- 542 39

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 ........

$ 24,839,374
21,897,668 2,178,472
848,358
236,313 529,546 139,216 170,000 598,167 350,557 272,910 520,500
1,804,209

1842

JOURNAL OF THE SENATE

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton ................... $
Veterinary Fees .......................... $ Indemnities.............................. $ Bee Indemnities .......................... $ Advertising Contract. ..................... $ Payments to Georgia Agrirama
Development Authority for Operations ............................ $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets. .................... $ Contract - Federation of Southern Cooperatives .................. $ Tick Control Program .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

1,242,178 510,000 58,000 50,000 95,000
295,000
285,000
60,000 50,000 32,191,094 24,839,374
905 271

Department of Agriculture Functional Budgets

Total Funds

Plant Industry .......... $ 4,649,265

Animal Industry ........ $ 5,412,359

Marketing.............. $ 1,653,121

General Field Forces.... $ 2,593,471

Internal Administration . . $ 3,027,571

Information and Education $ 1,123,590

Fuel and Measures ......$ 1,887,741

Consumer Services ...... $ 892,773

Consumer Protection

Field Forces .......... $ 3,981,895

Meat Inspection .........$ 3,388,183

Major Markets ......... $ 3,319,771

Seed Technology ........ $ 261,354

Undistributed ........... $

--0--

Total .................. $ 32,191,094

State Funds

Pos.

$ 4,097,163

171

$ 5,061,480

57

$ 1,645,121

43

$ 2,593,471

107

$ 2,923,294

55

$ 1,123,590

8

$ 1,882,741

71

$ 892,773

27

$ 3,108,853

130

$ 1,343,712

122

$ 167,176

106

$

--0--

8

$

--0--

0

$ 24,839,374 905

B. Budget Unit: Georgia Agrirama Development Authority.................. $

--0--

Georgia Agrirama Development Authority Budget:

Personal Services......................... $ Regular Operating Expenses ............... $
Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

482,575 116,592
6,720 --0-- 12,917

THURSDAY, FEBRUARY 28, 1985

1843

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

9,552 --0-- --0-- 6,972 24,250 137,000 85,674 882,252 295,000
28

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

4,130,666
3,294,259 168,715 255,000 92,300 14,300 4,900 116,200 146,000 36,992 2,000
4,130,666 4,130,666
102 28

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 ..................... $ Computer Charges ...................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Capital Felony Expenses .................. $ Contracts with Area Planning
and Development Commissions ........... $

5,407,885
3,800,645 135,040 187,900 24,000 70,025 7,072 21,000 205,692 84,900 84,430 50,000
1,282,500

1844

JOURNAL OF THE SENATE

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

.$

60,000

.$

83,320

. $ 35,900,000

. $ 1,000,000

$ 295,000

. $ 367,500 . $ 43,659,024 . $ 5,407,885
106 7

Department of Community Affairs Functional Budgets

Total Funds

Executive and

Administrative ........ $ 2,514,632

Technical Assistance..... $ 2,183,343

Community and Economic

Development.......... $ 37,914,737

Intergovernmental

Assistance............ $ 914,469

Job Training

Partnership Act ....... $ 131,843

Undistributed ........... $

--0--

Total .................. $ 43,659,024

State Funds

Pos.

$ 2,459,132

18

$ 991,611

29

$

38

$

18

$

3

$

0

$

106

B. Budget Unit: Authorities

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 ..... Rental Assistance Payments ....... Grants to Housing Sponsors ...... Total Funds Budgeted ........... State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

2,518,128 332,004 79,379 84,842 64,121 76,302 40,865 164,062 74,253 163,555
11,500,000 500,000
15,597,511

THURSDAY, FEBRUARY 28, 1985

1845

Georgia Residential Finance Authority Functional Budgets

Total Funds

Georgia Residential

Finance Authority ..... $ 15,230,011

Georgia Development

Authority ............ $ 367,500

Undistributed ........... $

--0--

Total .................. $ 15,597,511

State Funds

Pos.

$

--0--

81

$

--0--

4

$

--0--

0

$

--0--

85

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

7,282,658
6,569,678 366,341 184,400 68,400 158,716 104,346 198,514 469,325 121,032 31,250
8,272,002 7,282,658
259 57

Office of Comptroller General Functional Budgets

Total Funds

Internal Administration . . $ 1,240,419

Insurance Regulation .... $ 1,847,335

Industrial Loans

Regulation ........... $ 488,144

Information and

Enforcement.......... $ 1,351,442

Fire Safety and Mobile

Home Regulations .....$ 3,344,662

Undistributed ........... $

--0--

Total .................. $ 8,272,002

State Funds

Pos.

$ 1,240,419

23

$ 1,741,341

56

$ 488,144

13

$ 1,351,442

45

$ 2,461,312

122

$

--0--

0

$ 7,282,658

259

Section 15. Department of Defense. Budget Unit: Department of Defense........ $

3,332,263

1846

JOURNAL OF THE SENATE

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.................. .............. $ Grants to Locals--
EMA (P&A) M/S ..................... $ Grants - Others .......................... $ Georgia Military Institute Grant ........... $ Civil Air Patrol Contract.................. $ Capital Outlay........................... $ Grants to Armories ....................... $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

5,355,224 1,602,391
60,320 16,800 40,667 132,142 8,986 6,160 70,258 137,000 1,536,880
1,160,025 62,282 18,000 42,000 10,000 477,500 63,000
10,799,635 3,332,263
219 20

Department of Defense Functional Budgets

Total Funds
Office of the Adjutant General...... $ 2,033,678
Georgia Emergency Management Agency . . $ 1,808,203
Georgia Air National Guard ....... $ 2,577,628
Georgia Army National Guard ....... $ 4,269,185
Undistributed ........... $ 110,941 Total .................. $ 10,799,635

State Funds

Pos,

$ 812,151

22

616,996

39

336,934

68

1,535,947

84

30,235

6

3,332,263

219

Section 16. State Board of Education -- Department of Education.

A. Budget Unit: Department of Education ...... $1,713,948,980

Operations:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ....... $ Publications and Printing .................. $ Equipment Purchases ..................... $

19,850,400 2,049,230
977,915 --0--
618,940 132,295

THURSDAY, FEBRUARY 28, 1985

1847

Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $
Per Diem, Fees and Contracts ............. $ Utilities .................................$

1,318,605 2,016,185
566,625
6,362,973 53,485

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a)..... $ 741,353,625
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 129,353,902
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 61,748,376
Salaries of Student Supportive Personnel.................. $ 32,055,670
Salaries of Administrative and Supervisory Personnel ........................... $ 83,364,538
Special Education Leadership Personnel ................. $ 3,837,502
Instructional Media..................... $ 21,791,250 Instructional Equipment................. $ 759,857 Maintenance and Operation.............. $ 108,373,100 Sick and Personal Leave ................ $ 6,058,125 Travel ................................$ 1,114,457 Pupil Transportation ...................... $ 95,769,613 Isolated Schools .......................... $ 651,961 Required Local Effort .................... $ (78,550,000)

Non-APEG Grants:

Education of Children of

Low-Income Families ................. $ 78,364,380

Teacher Retirement .................... $ 139,788,125

Instructional Services for

the Handicapped ..................... $ 22,688,125

Preparation of Professional

Personnel in Education

of Handicapped Children .............. $

--0--

Tuition for the Multi-

handicapped ......................... $ 1,172,000

Severely Emotionally

Disturbed ........................... $ 17,932,785

Compensatory Education ................ $ 17,843,010

School Lunch (Fed.).................... $ 110,667,400

School Lunch (State) ................... $ 18,266,940

Innovative Programs .................... $ 288,000

Staff Development...................... $ 800,000

1848

JOURNAL OF THE SENATE

Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification .......
Cooperative Educational Service Areas ...........
Superintendents Salaries .... High School Program ....... Area School Program ..... Education Technology
Grants.................. Junior College Program .... Governor's Scholarship ...... Quick Start ............... Leadership Academy ....... 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 ....... Total Positions Authorized Authorized Motor Vehicles

4,491,573
4,309,953 5,552,599 32,894,072 63,001,021
1,000,000 2,087,401
250,000 2,800,000
400,000 75,000
7,000,000
366,540 3,238,917
5,594,124 3,839,970
674,405 2,985,849
10,407,037 43,198,757
21,624,000
7,807,000
$ 78,000,000
$ 250,000
$ 13,183,895
$ 13,500,000
$ 8,702,655 $1,986,674,162
$1,713,948,980 665 6

THURSDAY, FEBRUARY 28, 1985

1849

Education Functional Budgets

Total Funds Instructional Services . . . $ 6,545,306 Governor's Honors
Program ........... . $ 802,296 Vocational Education . . . $ 4,883,380 Public Library
Services ............ $ 1,651,395 State Administration . . . . $ 1,948,974 Administrative Services . . $ 9,023,395 Planning and
Development ........ $ 5,474,561 Professional Standards
Commission ........ $ 152,887 Vocational Advisory
Council ............ . $ 147,995 Professional Practices
Commission ........ . $ 425,836

State Funds

Pos.

$ 3,902,206

168

$ 787,296

2

$ 2,733,650

98

$ 711,440

42

$ 1,540,519

31

$ 5,616,455

210

$ 4,632,306

96

$ 152,887

2

$

--0--

2

$ 425,836

7

Local Programs ....... . $1 ,929,726,863

$1 ,668,371,854

0

Undistributed ......... . $ 25,891,274

$ 25,074,531

7

Total ................ . $1 ,986,674,162

$1 ,713,948,980 665

B. Budeet Unit: Institutions ................. $ 17.690.625

Institutional Operations:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities. ................................$ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

15,054,110 2,084,525
42,600 21,800 16,540 363,500 103,320 114,995 167,575 1,921,265 267,000 20,157,230 17,690,625
671 80

Institutions Functional Budgets

Total Funds
Georgia Academy for the Blind.......... $ 3,331,080
Georgia School for the Deaf ............. $ 5,906,323

State Funds

Pos.

$ 3,052,400

146

$ 5,623,853

227

1850

JOURNAL OF THE SENATE

Atlanta Area School for the Deaf.......... $
North Georgia
Vocational-Technical School ...............$ South Georgia
Vocational-Technical School ............... $ Undistributed ........... $ Total .................. ^

3,018,058
4,156,000
3,433,269 312,500
20,157,230

$ 2,843,978

100

$ 3,131,120

106

$ 2,726,774

92

$ 312,500

0

$ 17,690,625 671

C. Budget Unit: Board of Postsecondary Vocational Education ................... $

242,459

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

365,159 16,505 13,200
15,000 59,550 9,530 108,000 593,944 242,459
9

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

4,200,000
630,298 11,675 7,500 --0-- 21,150 3,100 155,119 74,046 11,779
538,500 65,000 4,200,000 --0-- 5,718,167 4,200,000
27

THURSDAY, FEBRUARY 28, 1985

1851

Authorized Motor Vehicles

Section 18. Forestry Commission.

Budget Unit: Forestry Commission.......... $ 27,174,074

State Operations Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Payments to the University of
Georgia, School of Forestry for Forest Research .................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

20,255,023 5,076,778
130,113 1,784,351
86,559 2,420,823
63,738 18,211 575,055 138,871 250,000
300,000 60,000 90,500 150,000 31,400,022 27,174,074
876 763

Forestry Commission Functional Budgets

Total Funds

Reforestation ........... $ 2,902,148

Field Services........... $ 26,614,606

Wood Energy ........... $

90,500

General Administration

and Support .......... $ 1,792,768

Undistributed ........... $

Total .................. $ 31,400,022

State Funds

Pos.

881,248

51

24,417,558

794

90,500

1

1,784,768

30

0

27,174,074 876

Section 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation $ 24,844,667

Operations Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $

15,405,832 1,641,906
489,700 1,050,000
90,785

1852

JOURNAL OF THE SENATE

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

616,836 2,418,363 1,446,807 1,114,172
30,710 350,000 89,966 59,590 40,000 24,844,667
24,844,667 507 316

Georgia Bureau of Investigation Functional Budgets

Total Funds Administration .......... $ 2,420,731 Drug Enforcement....... $ 4,411,394 Investigative ............ $ 8,554,926
Forensic Sciences........ $ 3,850,140 Georgia Crime Information
Center ............... $ 5,607,476 Undistributed ........... $ Total .................. $ 24,844,667

State Funds

Pos.

$ 2,420,731

23

$ 4,411,394

82

$ 8,554,926

206

$ 3,850,140

93

$ 5,607,476

103

0

$ 24,844,667

507

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

844,939 29,275 9,000 ---0--
1,200 2,325 13,238 86,130 11,100 110,000 1,107,207 1,107,207 --0--
21

THURSDAY, FEBRUARY 28, 1985

1853

Section 21. Office of the Governor.

A. Budget Unit: Governor's Office ............. $ 5,318,808

1. Governor's Office Budget:

Cost of Operations ....................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Total Funds Budgeted .................... $ State Funds Budgeted ................... $

2,139,285 40,000
2,500,000 130,000
4,809,285 4,809,285

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

441,363 10,115 10,815 --0-- 2,825 --0-- --0-- 69,915 11,740 22,750
569,523 509,523
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

2,139,285 40,000
2,500,000 130,000 441,363 10,115 10,815

B. Budget Unit: Office of Planning and Budget............................ $ 3,479,862

1854

JOURNAL OF THE SENATE

Office of Planning and Budget Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

2,869,457 87,705 60,000 --0-- 35,360 5,000 151,000 190,840 55,000 85,500
3,539,862 3,479,862
74 0

C. Budget Unit: Units Attached for Administrative Purposes Only ............ $ 4,808,029

Attached Units Budget:

Personal Services ......................... $ 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 Authorized Motor Vehicles

2,556,730 125,957 53,000 --0-- 52,085 7,500 34,825 250,035 140,085
5,408,226 1,809,971
360,860 42,000 10,841,274 4,808,029
86 0

Attached Units Functional Budgets

Total Funds Council for the Arts .....$ 2,126,823 Office of Consumer
Affairs............... $ 1,477,995 State Energy Office ......$ 5,804,500 Governor's Committee
on Post-Secondary Education ............ $ 144,449 Consumers' Utility Counsel.............. $ 411,721

State Funds Pos.

$ 1,660,123

11

$ 1,477,995

42

$ 254,500

10

$ 144,449

3

$ 395,176

9

THURSDAY, FEBRUARY 28, 1985

1855

Criminal Justice

Coordinating Council . . $ 284,178

$ 284,178

5

Undistributed ........... $ 591,608

$ 591,608

6

Total .................. $ 10,841,274

$ 4,808,029

86

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 .............

6,800,000 2,600,000 4,200,000
6,800,000 6,800,000

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ............................ $ 293,048,933

1. General Administration and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage ................................. $ Menninger Group Homes. ................. $ Benefits for Child Care ................... $ Contract--Georgia
Advocacy Office, Inc. ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Indirect GBA Funding .................... $ Agency Funds ........................... $ Social Services
Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

27,368,737 1,194,785 821,485 --0-- 184,350 95,910 1,825,443 3,498,862 585,825 9,865,742 178,100 650,380 387,000 1,190,722
215,000 48,062,341
--0-- --0-- 24,559,046
1,655,800 21,847,495
977 7

1856

JOURNAL OF THE SENATE

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office.... $ 639,949

Administrative Appeals. . . $ 868,016

Administrative Policy,

Coordination, and

Direction.............

179,961

Personnel ..............

5,286,305

Support Services ........

2,375,390

Systems Planning,

Development and

Training .............

140,680

EDP-Planning and

Coordination..........

365,400

Indirect Cost ...........

Facilities Managements . .

3,872,837

Community/ Intergovern

mental Affairs ........

782,125

Budget Administration . . .

1,366,367

Accounting Services .....

3,576,243

Auditing Services .......

1,575,655

Special Projects .........

284,600

Children and Youth

Planning .............

173,473

Troubled Children Benefits

1,453,000

Developmental Disabilities

220,199

Council on Maternal

and Infant Health .....

104,992

Council on Family

Planning .............

13,500

Community Services .....

9,185,311

Regulatory Services--

Program Direction and

Support..............

368,215

Child Care Licensing ....

1,489,005

Laboratory Improvement .

581,294

Health Care Facilities

Regulation ...........

1,945,687

Compliance Monitoring . .

345,637

Radiological Health .....

589,375

Fraud and Abuse........

1,920,783

Child Support Recovery . .

7,444,311

Undistributed ...........

914,031

Total .................. 48,062,341

State Funds Pos.

$ 639,949

13

$ 868,016

25

$ 179,961

4

$ 5,227,905

47

$ 2,321,718

60

$ 140,680

4

$ 365,400

0

$ (5,405,300)

0

$ 2,775,171

11

$ 782,125

20

$ 1,366,367

43

$ 3,576,243

150

$ 1,575,655

47

$ 284,600

0

$ 173,473

4

$ 1,453,000

0

$

-- 0--

6

$ 104,992

3

$

1,350

0

$

-- 0--

9

$ 368,215

9

$ 1,452,005

53

$ 446,485

17

$ 535,064

54

$ 345,637

9

$ 429,210

21

$ 219,979

53

$ 1,214,726 301

$ 404,869

14

$ 21,847,495

977

2. Public Health Budget:

Personal Services.......... Regular Operating Expenses Travel ................... Motor Vehicle Equipment
Purchases .............. Publications and Printing . ..

$ 29,410,587 $ 44,776,021 $ 923,960

$

10,000

$ 298,475

THURSDAY, FEBRUARY 28, 1985

1857

Equipment Purchases ..................... $ 190,398

Computer Charges ....................... $ 368,000

Real Estate Rentals ...................... $ 587,521

Telecommunications ...................... $ 512,083

Per Diem, Fees and Contracts ............. $ 13,881,585

Utilities .................................$

---0--

Postage .................................$

86,375

Crippled Children Clinics ................. $ 517,572

Regional Grants for Prenatal and

Postnatal Care Programs ................ $ 3,879,000

Midwifery Program Benefits ............... $ 1,000,000

Crippled Children Benefits.. ............... $ 4,499,000

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,253,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .......................... $ 4,193,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

Contract with Emory University

for Cancer Research ....................$ 117,000

Contract with Auditory

Educational Clinic...................... $

78,000

Grant-In-Aid to Counties.................. $ 38,256,928

Contract with Emory University

for Arthritis Research .................. $ 215,000

Contract for

Scoliosis Screening ..................... $ 115,000

Family Planning Benefits .................. $ 301,530

Grants to Counties for Teenage

Pregnancy Prevention ................... $ 257,500

Grant to Counties for

Metabolic Disorders

Screening and Treatment................ $

45,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 4,000,000

Total Funds Budgeted .................... $ 151,519,535

Indirect DOAS Services Funding ........... $

--^0--

Agency Funds ........................... $ 73,488,487

State Funds Budgeted .................... $ 78,031,048

Total Positions Budgeted

1,093

Authorized Motor Vehicles

6

Public Health Functional Budgets

Total Funds Director's Office......... $ 589,809 Employee's Health ...... $ 292,693 Health Program
Management ......... $ 779,210

State Funds

Pos.

$ 589,809

7

$ 257,693

9

$ 694,210

27

1858

JOURNAL OF THE SENATE

Vital Records ........... $ 1,264,216

Health Services Research . $ 545,370

Primary Health Care .... $ 576,736

Stroke and Heart Attack

Prevention.. .......... $ 1,608,545

Epidemiology ........... $ 818,960

Immunization ........... $ 393,334

Sexually Transmitted

Diseases ............. $ 1,376,030

Community Tuberculosis

Center ............... $ 1,232,078

Family Health

Management ......... $ 6,894,353

Infant and Child Health . $ 5,447,408

Maternal Health-Perinatal $ 237,679

Family Planning ........ $ 7,941,227

Malnutrition ............ $ 48,622,928

Dental Health .......... $ 1,343,087

Children's

Medical Services ...... $ 7,355,526

Chronic Disease ......... $ 1,624,835

Diabetes ............... $ 397,884

Cancer Control ......... $ 3,017,098

Environmental Health .... $ 862,982

Laboratory Services ...... $ 4,191,977

Emergency Health. ...... $ 2,083,190

Minimum Foundation .... $ 7,551,412

Newborn Follow Up Care $ 587,900

Sickle Cell, Vision,

and Hearing .......... $ 1,018,830

High Risk Pregnant

Women and Infants ... $ 4,720,488

Grant in Aid to Counties . $ 36,386,900

Teenage Pregnancy Prevention ............ $

257,500

Community Care ........ $ 1,256,534

Undistributed ........... $ 242,816

Total .................. $ 151,519,535

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 ...........................

S 1,241,716

60

$ 545,370

12

$ 576,736

15

$ 1,078,545

74

$ 497,219

12

s

10

$ 308,454

33

$ 1,116,238

27

$ 1,722,682

22

$ 5,322,718

14

$$s 3,027,076

5 185 28

s 1,119,904

20

$ 4,595,642

87

s 1,624,835

70

$ 309,919

4

$ 3,017,098

6

$ 324,210

8

$$$

3,512,307 1,022,690 7,551,412

121 22 189

$ 404,950

22

$ 1,018,830

15

$ 4,720,488

19

$ 31,877,077

0

$ 257,500

0

$ 468,410

43

$ (772,690)

27

$ 78,031,048 1 093

$ 4,292,500
$ 118,525 $ 124,450

$

61,300

$

8,500

$ 756,193

$

-- 0--

$ 212,000

$ 235,150

$

750

THURSDAY, FEBRUARY 28, 1985

1859

Contract with Housing Alternatives ................... $
Total Funds Budgeted .................... $
Social Services Block Grant Funds. ......... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $
Total Positions Budgeted

70,000 5,879,368
15,000 --0-- 453,540 5,410,828
127

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,252,265

Special Projects

and Contracts......... $

50,000

Program Coordination.... $ 2,497,633

MH/MR Advisory Council $

40,720

Undistributed ........... $

38,750

Total .................. $ 5,879,368

State Funds

Pos.

$ 3,108,765

63

$

--0--

2

$ 2,222,593

61

$ 40,720

1

$ 38,750

0

$ 5,410,828

127

4. 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

1,266,117 31,682 30,650 ---0-- 6,200 4,190 75,000 --0-- 37,860 3,500
1,455,199
1,455,199 38 0

5. Services to the Aged Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $

1,854,119 46,980 56,800
--0-- 27,000 2,860 210,800

1860

JOURNAL OF THE SENATE

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

33,500 51,060
22,615,531
4,782,801
920
29,682,371
2,998,100 18,016,262
8,668,009 63
224

Services to the Aged Functional Budgets

Total Funds Administration and
Planning ............. $ 2,857,426 Aging Services.......... $ 19,311,020 Alternative Health
Services.............. $ 4,650,052 Undistributed........... $ 2,863,873 Total .................. $ 29,682,371

State Funds

Pos.

$ 698,841

42

$ 1,767,364

0

$ 3,728,303

19

$ 2,473,501

2

$ 8,668,009

63

6. Rehabilitation Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing ................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .........'........................$ Postage .................................$ Grants for Nephrology Centers............. $ Contract with Vocational
Rehabilitation Community Facilities .............................. $ Contract for Epilepsy ..................... $ Case Services ............................ $ E.S.R.P. Case Services .................... $ Contract with the Affirmative Industries ............................. $ Contract with RCW Industries, Inc. ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $

22,497,604 1,127,938 527,050
--0-- 58,310 54,475 761,850 990,295 555,570 832,575 303,250 92,050 245,000
4,219,500 67,000
9,487,500 50,000
110,000
146,000 42,125,967
--0--

THURSDAY, FEBRUARY 28, 1985

1861

Agency Funds ........... State Funds Budgeted .... Total Positions Budgeted Authorized Motor Vehicles

30,195,868 11,930,099
806 24

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

and Support ....... $ 2,647,997

Grants Management . . $ 555,281

Atlanta Rehabilitation

Center ............ $ 2,152,043

Alto Rehabilitation

Center ............... $ 288,695

Rehabilitation Center for

the Deaf -- Cave Spring $ 438,723

Central Rehabilitation

Center ............... $ 545,191

Georgia Vocational

Adjustment Center --

Gracewood ........... $ 392,366

Ireland Rehabilitation

Center ............... $ 356,398

M. S. McDonald

Evaluation Center .... $

180,545

J. F. Kennedy Center .... $ 444,655

Production Workshop ... $ 1,044,912

District Field Services.... $ 27,570,518

Independent Living ...... $ 252,212

Sheltered Employment ... $ 1,011,931

Community Facilities .... $ 3,793,000

Bobby Dodd Workshop... $

334,500

Undistributed ........... $

117,000

Total .................. $ 42,125,967

State Funds

Pos.

$ 1,047,997

50

$ 464,377

2

$ 430,409

70

$ 57,739

10

$ 87,745

16

$ 109,038

19

78,473

17

71,280

13

$ 36,109

6

$ 91,331

17

0

$ 4,456,178 564

$ 252,212

7

$ 502,711

15

$ 3,793,000

0

$ 334,500

0

$ 117,000

0

$ 11,930,099 806

7. Roosevelt Warm Springs Rehabilitation Institute:

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

9,450,891 1,713,090
47,000 13,500 15,000 35,480 61,000
163,885 1,263,000
550,000 14,300 25,000

1862

JOURNAL OF THE SENATE

Operations .............................. $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Agency Funds ........................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

--0-- 13,352,146
--0-- 10,012,902 3,339,244
434 24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

Administration.......... $ 5,211,855

Rehabilitation Services ... $ 8,140,291

Undistributed ........... $

--0--

Total ..................$ 13,352,146

State Funds

Pos.

$ 2,363,371

145

$ 989,223

289

$

--0--

0

$ 3,352,594 434

8. 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

4,058,497 8,090,870
16,500 82,000 8,500
28,000 44,200 125,000 6,000 --0-- 12,526,467 12,059,632 466,835
29 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations ............. 3 12,059,632

Supervision............. $ 466,835

Undistributed ........... $

--0--

Total .................. $ 12,526,467

State Funds

Pos.

$

--0--

11

$ 466,835

18

$

--0--

0

$ 466,835

29

9. Rehabilitation Services-- Disability Adjudication Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

10,434,786 362,878 78,098 --0--

THURSDAY, FEBRUARY 28, 1985

1863

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

43,991 21,810 419,605 660,927 470,559 1,035,076
325,000 10,998,200 24,850,930 24,850,930
420

10. Family and Children Services Budget:

Personal Services ......................... $ 10,382,001

Regular Operating Expenses ............... $ 15,926,964

Travel ..................................$ 462,000

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $ 785,030

Equipment Purchases ..................... $

12,160

Computer Charges ....................... $ 10,404,605

Real Estate Rentals ...................... $ 198,350

Per Diem, Fees and Contracts ............. $ 31,325,663

Telecommunications ...................... $ 874,200

Utilities.................... ............. $

12,200

Postage .................................$ 942,385

AFDC Benefits .......................... $ 218,996,525

Grants to County DFACS--

Operations ............................ $ 126,585,951

WIN Benefits ........................... $ 479,964

Benefits for Child Care ................... $ 17,334,108

SSI--Supplement Benefits ................. $

1,500

Total Funds Budgeted .................... $ 434,723,606

Agency Funds ........................... $ 238,968,543

Indirect DOAS Services Funding ........... $

--0--

Social Services

Block Grant Funds ..................... $ 33,854,887

State Funds Budgeted .................... $ 161,900,176

Total Positions Budgeted

360

Authorized Motor Vehicles

112

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits ........ $ 979,000

AFDC Payments ........ $ 204,120,000

SSI--Supplement

Benefits .............. $

1,500

Energy Benefits ......... $ 15,201,469

State Funds

Pos.

$

--0--

0

$ 68,604,732

0

$

1,500

0

$

--0--

0

1864

JOURNAL OF THE SENATE

County DFACS Opera

tions--Social Services . . $ 38,437,636

County DFACS Opera

tions--Eligibility ...... $ 50,203,569

County DFACS Opera

tions--Joint and

Administration ........ $ 33,608,081

Food Stamp Issuance .... $ 2,312,000

Grants to Fulton County

for 24-hour Emergency

Services .............. $ 205,000

Director's Office. ....... $ 518,782

Administration

and Management ...... $ 4,360,072

District Administration ... $ 3,741,506

Program Planning Devel

opment and Training . . $ 6,500,453

Management Information

Systems.. ............ $ 12,509,666

Child Development

Administration ........ $ 961,207

Indirect Cost ........... $

--0--

Work Incentive Benefits . . $ 4,399,242

Legal Services .......... $ 574,000

Family Foster Care ...... $ 12,912,000

Institutional Foster Care . $ 1,816,875

Specialized Foster Care . . $ 324,725

Adoption Supplement .... $ 899,030

Liability Insurance ...... $

28,600

Emergency Shelter Care . $ 104,000

Day Care .............. $ 19,205,600

Psychiatric,

Psychological and

Speech Therapy ....... $ 130,000

Maternity Care ......... $

50,000

Return of Runaways--

County .............. $

7,000

Home Management--

Contracts ............ $ 166,000

Outreach--Contracts .... $ 684,300

Special Projects ......... $

38,500

Undistributed ........... $ 19,723,793

Total .................. $ 434,723,606

Budget Unit Object Classes:

Personal Services ................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Equipment Purchases . . Publications and Printing ............ Equipment Purchases ............... Computer Charges ................. Real Estate Rentals ................

$ 17,049,623

0

$ 24,966,298

0

$ 15,934,793

0

$

0

* 205,000

0

S 518,782

7

$ 3,097,803

113

$ 3,741,506

101

$ 3,085,293

73

$ 7,409,500

52

s 961,207

77

$$

(7,170,000) 439,924

0 0

$ 349,000

0

$ 8,234,953

0

$ 1,109,240

0

$ 95,432

0

$ 866,705

0

$$

28,600 104,000

0 0

$ 3,650,448

0

s 130,000

0

$ 50,000

0

$

7,000

0

$ 37,816

0

$ 181,136

0

$ 38,500

0

$ 8,171,385 (13)

$ 161,900,176

360

. $ 121,015,839 . $ 73,389,733 . $ 3,087,993 . $ 105,500 . $ 1,488,156
. $ 425,783 . $ 14,949,396 . $ 5,969,455

THURSDAY, FEBRUARY 28, 1985

1865

Telecommunications ...................... $ 3,491,042

Per Diem, Fees and Contracts ............. $ 81,102,022

Utilities .................................$ 1,168,550

Postage .................................$ 2,118,160

Capital Outlay........................... $

--0--

Grants for Regional Prenatal

and Postnatal Care Programs ............ $ 3,879,000

Crippled Children Benefits................. $ 4,499,000

Crippled Children Clinics ................. $ 517,572

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,253,000

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .......................... $ 4,193,000

Family Planning Benefits .................. $ 301,530

Benefits for Midwifery Program ............ $ 1,000,000

Grant-In-Aid to Counties.................. $ 38,256,928

Work Incentive Benefits ................... $ 479,964

Benefits for Child Care ................... $ 18,524,830

Grants for Nephrology Centers ............. $ 245,000

Case Services ............................ $ 20,510,700

E.S.R.P. Case Services .................... $

50,000

SSI-Supplement Benefits .................. $

1,500

AFDC Benefits .......................... $ 218,996,525

Grants to County DFACS--

Operations ............................ $ 126,585,951

Contract with Vocational

Rehabilitation Community

Facilities .............................. $ 4,219,500

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Contract with the

Affirmative Industries ...................$ 110,000

Institutional Repairs

and Maintenance ....................... $

--0--

Contract with Emory University

for Arthritis Research .................. $ 215,000

Grant for Epilepsy Program ............... $

67,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

Contract for Scoliosis

Screening ............................. $ 115,000

Menninger Group Homes. ................. $ 387,000

Contract--Georgia

Advocacy Office, Inc. ................... $ 215,000

Grant for Teenage Pregnancy

Prevention Program .................... $ 257,500

Contract--Cancer Research

at Emory ............................. $ 117,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 4,000,000

Contract with

RCW Industries, Inc. ................... $ 146,000

1866

JOURNAL OF THE SENATE

Grants to Counties for Metabolic Disorders Screening and Testing .................. $
Payments to DMA ....................... $ Contract with
Housing Alternatives ................... $ Contract with Auditory
Educational Clinic...................... $ Total Positions Budgeted .................. $

45,000 4,782,801
70,000
78,000 4,347

B. Budget Unit: State Health Planning and Development....................... $

617,000

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

710,750 46,200 5,500 2,500 3,406 44,000 86,851 26,500 102,764 7,600 1,036,071 --0-- 419,071 617,000
21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................. $ 317,857,827

Departmental Operations:

Personal Services ......................... $ 257,181,584

Regular Operating Expenses ............... $ 28,627,368

Travel ..................................$ 583,570

Motor Vehicle Equipment Purchases ........ $ 627,255

Publications and Printing ................. $

69,407

Equipment Purchases ..................... $ 2,616,281

Computer Charges ....................... $ 3,054,726

Real Estate Rentals ...................... $ 491,060

Telecommunications ...................... $ 2,372,166

Per Diem, Fees and Contracts ............. $ 5,058,632

Utilities .................................$ 15,752,000

Postage .................................$ 227,856

Capital Outlay........................... $ 787,914

Authority Lease Rentals .................. $ 2,679,000

THURSDAY, FEBRUARY 28, 1985

1867

Institutional Repairs

and Maintenance....................... $ 651,000

Grants to County-Owned

Detention Centers ...................... $ 2,222,850

Reserve for Thomasville RYDC ............ $ 366,500

Reserve for Claxton RYDC ............... $ 366,500

Drug Abuse Contracts .................... $ 1,015,960

Day Care Centers for the

Mentally Retarded ..................... $ 55,344,903

MR Day Care Center Motor

Vehicle Purchases ...................... $ 662,376

Supportive Living Staff ................... $ 1,504,826

Supportive Living Benefits ................. $ 7,411,540

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 562,960

Community Mental Health

Center Services ........................ $ 67,545,807

Project Rescue ........................... $ 312,890

Project ARC ............................ $ 203,600

Project Friendship ........................ $ 266,700

Group Homes for

Autistic Children ....................... $ 292,428

Uniform Alcoholism Projects............... $ 2,826,455

Child Care Benefits ...................... $

16,000

Community Mental

Retardation Staff. ...................... $ 3,461,744

Community Mental Retardation

Residential Services .................... $ 13,218,919

Lumpkin Area Individual

Living, Inc............................. $

27,765

Total Funds Budgeted .................... $ 478,410,542

Agency Funds ........................... $ 132,830,786

Indirect DOAS Services Funding ........... $

---0--

Social Services

Block Grant Funds ..................... $ 27,721,929

State Funds Budgeted .................... $ 317,857,827

Total Positions Budgeted

12,532

Authorized Motor Vehicles

746

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta ... $ 12,591,620 Georgia Regional
Hospital at Atlanta ....$ 16,593,764 Georgia Regional
Hospital at Savannah ..$ 13,006,425 West Central Georgia
Regional Hospital .....$ 11,393,051

State Funds

Pos.

$ 10,732,320 504

$ 13,470,864 657

$ 11,599,725 508

$ 9,695,542 429

1868

JOURNAL OF THE SENATE

Northwest Regional
Hospital at Rome ..... $ Gracewood State School
and Hospital .......... $ Southwestern State
Hospital ............. $ Georgia Retardation
Center ............... $ Georgia Mental
Health Institute ....... $

17,985,189 35,833,212 25,096,389 23,634,611 16,881,204

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 . . . S 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 .......... $

93,352,015
6,439,586
1,646,677
1,861,038 127,507
1,392,143
56,007,279 8,916,366
562,960
3,461,744
13,218,919
292,428 312,890 1,015,960 203,600 266,700
67,545,807
2,826,455 272,082
27,765
18,102,902
12,690,037 524,228 685,990
1,917,239 6.751,047

$ 13,206,546 $ 20,833,212 $ 15,945,189 $ 12,742,149 $ 14,683,304 $ 65,679,415 $ 6,382,686 $ 1,646,677 $ 1,861,038 $ 127,507 $ 694,053 $ 23,240,728 $ 4,794,667

695 1.532/ 1,510
1,097
895
551 3,830/ 3,734
221
40
62 3
44
0 0

$ 562,960

0

$ 2,482,892

0

$ 8,550,952

0

$ 292,428

0

$ 149,890

0

$ 1,015,960

0

$ 203,600

0

$ 266,700

0

$ 31,317,496

0

$ $

2,015,029
o

0 6

$ 27,765

0

$ 17,619,247

742

$ 12,402,752

414

$ 524,228

19

$ 685,990

24

$ 1,917,239

73

$ 6,751,047

260

THURSDAY, FEBRUARY 28, 1985

1869

Runaway Investigations . . $ Interstate Compact ...... $ Purchased Services ...... $ Assessment and
Classification ......... $ Undistributed ........... $

438,990 83,959 2,453,600
288,406 1,708,758

Total .

$ 478,410,542

438,990

15

83,959

3

2,453,600

16

288,406

10

471,075

0

12.650/

$ 317,857,827 12,532

Section 24. Department of Industry and Trade.

A. Budget Unit: Department of Industry and Trade. ............................ $ 12,403,860

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

4,806,338 718,786 304,100 12,720 294,650 27,100 136,260 446,415 161,041 194,150 150,800 140,000
3,000,000
2,735,000
5,413,213
50,000
25,000 50,000 20,000
--0--
51,500
25,000
--0-- 18,762,073 12,403,860
194 21

1870

JOURNAL OF THE SENATE

Department of Industry and Trade Functional Budgets

Total Funds

Industry ............... $ 768,235

Research ............... $ 495,921

Tourism Promotional. .... $ 1,244,070

Tourist Welcome Centers . $ 2,261,223

Internal Administration . . $ 9,822,533

International. ........... $ 1,170,091

Advertising ............. $ 3,000,000

Undistributed ........... $

--0--

Total .................. $ 18,762,073

State Funds

Pos.

$ 768,235

18

$ 495,921

14

$ 1,244,070

27

$ 2,116,223

93

$ 3,609,320

25

$ 1,170,091

17

$ 3,000,000

0

0

$ 12,403,860

194

B. Budget Unit: Authorities ............. ..... $

-- 0--

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 ........ ..... $ G.O. Bonds and Lease
Rents--G.P.A. .................... ..... $
Other Debt Service Payments--G.P.A. ................ ..... $
Capital Outlay--Internal Operations--G.P.A. .............. ..... $
Atlanta Convention and Visitors Bureau--G.W.C.C. .........
Total Funds Budgeted .............. ...'.'.'. $ State Funds Budgeted ...............
Total Positions Budgeted Authorized Motor Vehicles

30,537,506 12,869,089
524,088 --0--
154,919 50,000 532,856 109,343 414,856 1,667,740
7,233,576
820,000
4,373,713
59,287,686
995 37

Authorities Functional Budgets

Total Funds

Georgia World Congress

Center ..............

10,416,126

Georgia Ports Authority.

48,871,560

Undistributed ........... $

Total .

$ 59,287,686

State Funds

Pos.

215 780
0 995

Section 25. Department of Labor. Budget Unit: Department of Labor ......... $

4,742,985

THURSDAY, FEBRUARY 28, 1985

1871

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

55,627,118 4,586,528 1,186,803
44,130 692,185 1,872,300 2,120,474 1,314,855
56,387,955 2,192,660
260,000 126,285,008
4,742,985 1,979 9

Department of Labor Functional Budgets

Total Funds

Inspection .............. $ 1,603,905

Basic Employment....... $ 50,988,688

Work Incentive ......... $ 3,875,275

Food Stamps ........... $ 1,245,300

Job Training Partnership . $ 66,365,611

Correctional Services .... $ 2,206,229

Undistributed ........... $

--0-

Total .................. $ 126,285,008

State Funds 1,603,905 932,851
2,206,229 4,742,985

Pos. 47
1,495 82 47 230 78 0
1,979

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

5,661,048
4,980,202 317,912 120,950 ---0-- 44,491 12,191 60,000 314,607 91,982 45,000 96,000 --0--
6,083,335 5,661,048
122

1872

JOURNAL OF THE SENATE

Authorized Motor Vehicles

Section 27. Department of Medical Assistance.

Budget Unit: Medicaid Services ............ $ 278,214,434

Departmental Operations Budget:

Personal Services ......................... $ 6,176,633

Regular Operating Expenses ............... $ 163,850

Travel ..................................$ 131,150

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $

97,400

Equipment Purchases ..................... $

22,380

Computer Charges ....................... $ 4,483,300

Real Estate Rentals ...................... $ 771,620

Telecommunications ...................... $ 180,025

Per Diem, Fees and Contracts ............. $ 10,186,000

Postage .................................$ 150,000

Medicaid Benefits ........................ $ 865,519,418

Payments to Counties for

Mental Health ......................... $ 10,619,200

Audits Contracts ......................... $ 1,456,070

Total Funds Budgeted ................... $ 899,957,046

State Funds Budgeted .................... $ 278,214,434

Total Positions Budgeted

230

Authorized Motor Vehicles

3

Medical Assistance Functional Budgets

Total Funds Commissioner's Office . . . . $ 654,969 Program Management . . . $ 11,779,787 Administration ......... . $ 2,319,279 Operations ............ . $ 5,931,426 Program Integrity ..... . $ 2,635,767 Benefits ............... . $ 832,543,859 Undistributed ............ $ 44,091,959 Total ................. $ 899.957.046

State Funds

Pos.

$ 327,485

11

$ 1,555,864

46

$ 609,239

35

$ 1,539,082

49

$ 1,138,509

84

$ 260,256,113

0

$ 12,788,142

5

$ 278.214.434 230

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

5,815,623
4,553,937 103,327 48,545

THURSDAY, FEBRUARY 28, 1985

1873

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $

153,583

Equipment Purchases ..................... $

23,810

Computer Charges ....................... $ 1,453,842

Real Estate Rentals ...................... $ 685,737

Telecommunications ...................... $

101,565

Per Diem, Fees and Contracts ............. $ 25,145,374

Postage .................................$

143,360

Health Insurance Payments ............... $ 230,002,649

Total Funds Budgeted .................... $ 262,415,729

Agency Assessments ...................... $ 5,815,623

Employee and Employer

Contributions .......................... $ 256,570,106

Deferred Compensation ................... $

30,000

Total Positions Budgeted

174

Authorized Motor Vehicles

0

Merit System Functional Budgets

Total Funds

Applicant Services....... $ 1,722,610

Classification and

Compensation......... $ 771,405

Program Evaluation and

Audit................ $ 607,100

Employee Training and

Development ........ $ 907,615

Health Insurance

Administration ........ $ 6,937,486

Health Insurance Claims . $ 249,412,619

Internal Administration . $ 1,000,003

Commissioner's Office.... $ 1,056,891

Undistributed ........... $

--0--

Total .................. $ 262,415,729

State Funds

Pos.

$

--0--

39

$

--0--

19

$

--0--

13

$

--0--

23

$

--0--

36

$

--0--

0

$

--0--

36

$

--0--

8

$

--0--

0

$

--0--

174

Section 29. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................ $ 54,121,210

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

38,219,045 8,001,925
451,490 1,108,243
488,143 1,004,245
404,301 1,216,992
790,615 889,645

1874

JOURNAL OF THE SENATE

Postage ................................

345,085

Land and Water Conservation

Grants...............................

2,500,000

Recreation Grants.......................

750,000

Water and Sewer Grants .................

6,000,000

Solid Waste Grants .....................

2,000,000

Contract with U. S. Geological

Survey for Ground Water

Resources Survey .....................

275,000

Contract with U. S. Geological

Survey for Topographic Maps ...........

125,000

Capital Outlay -- Repairs

and Maintenance......................

1,006,993

Capital Outlay -- Shop Stock -- Parks

300,000

Capital Outlay -- Heritage Trust .........

75,000

Authority Lease Rentals .................

1,250,000

Cost of Material for Resale...............

1,025,000

Payments to Lake Lanier Islands

Development Authority.................

513,000

Contract -- Special Olympics,

Inc. .................................

186,000

Georgia Sports Hall of Fame .............

50,000

Capital Outlay -- Heritage

Trust -- Wildlife Management

Area Land Acquisition .................

400,000

Capital Outlay -- User Fee

Enhancements -- Parks ................

863,000

Capital Outlay -- Buoy

Maintenance .........................

20,000

Capital Outlay -- Consolidated

Maintenance -- Game and Fish .........

337,220

Technical Assistance Contract.............

125,000

Capital Outlay..........................

375,000

Contract -- Georgia Rural

Water Association .....................

10,000

Grant -- The Hay House ................

50,000

Contract -- Corps of Engineers

(Cold Water Creek St. Park) ...........

130,000

Grant -- Tybee Island ...................

Advertising and Promotion ...............

100,000

Payment to Georgia Agricultural Exposition

Authority ............................

500,000

Historic Preservation Grant...............

40,000

Payment to Jekyll Island State Park --

Capital Outlay........................ $

100,000

Total Funds Budgeted ................... $ 72,025,942

Receipts from Jekyll Island State Park

Authority ............................ $

53,750

Receipts from Stone Mountain Memorial

Association ........................... $ 315,000

State Funds Budgeted ................... $ 54,121,210

Total Positions Budgeted

1,278

Authorized Motor Vehicles

1,025

THURSDAY, FEBRUARY 28, 1985

1875

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration . . $ 5,011,006

Game and Fish ......... $ 20,554,164

Parks, Recreation and

Historic Sites ........ $ 23,570,757

Environmental Protection . $ 21,709,328

Coastal Resources ....... $ 1,180,687

Undistributed ......... $

--0--

Total .................. $ 72,025,942

State Funds
$ 4 ,642, 256 $ 17 ,452,884 $ 12 ,650,055 $ 18 ,260,328 $ 1 ,115,687 $ $ 54,121,210

Pos. 81
479
377 315
26 0 1,278

B. Budget Unit: Authorities ..........

$

Operations Budget:

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 Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

5,360,000 3,096,500
60,300 51,000 109,000 115,000 18,000 8,000 107,200 455,000 100,000

Authorities Functional Budgets

Total Funds

Lake Lanier Islands

Development Authority. $ 3,165,000

Jekyll Island State

Park Authority. ....... $ 5,868,750

Georgia Agricultural

Exposition Authority ... $

500,000

Total .................. $ 9,533,750

State Funds

Pos.

64

157

2 223

Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Departmental Operations ...... $ 24,979,030

1876

JOURNAL OF THE SENATE

Departmental Operations Budget:

Personal Services ......................... $

Regular Operating Expenses ............... $

Travel ..................................$

Motor Vehicle Equipment Purchases ........ $

Publications and Printing .................. $

Equipment Purchases ..................... $

Computer Charges ....................... $

Real Estate Rentals ...................... $

Telecommunications ...................... $

Per Diem, Fees and Contracts ............. $

Utilities .................................$

County Subsidy .......................... $

County Subsidy for Jails .................. $

Court Costs

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

Central Repair Fund ..................... $

Grants for County

Workcamp Construction ................. $

Local Jail Equipment Grants .............. $

Grants for Local Jails .................... $

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgeted

Authorized Motor Vehicles

9,593,947 678,069 345,454 63,300 62,400 226,767
1,236,392 1,071,202
312,878 980,529
50,000 7,592,000
493,092 418,000 550,000
1,000,000 --0--
500,000 25,174,030 24,979,030
337 93

Departmental Operations Functional Budgets

Total Funds

General Administration

and Support ........ $ 7,707,248

Adult Facilities

and Programs. ........ $ 14,117,576

Training and Staff

Development ..........$ 1,375,011

Undistributed ........... $ 1,974,195

Total ...

...... $ 25,174,030

State Funds

Pos.

$ 7,707,248

167

$ 13,922,576

138

$ 1,375,011

29

$ 1,974,195

3

$ 24,979,030

337

B. Budget Unit: Correctional Institutions, Transitional Centers and Support.........................

$ 145,734,100

Institutional Operations Budget:

Personal Services ......................... $

Regular Operating Expenses ....... .... $

Travel .......................... .... $

Motor Vehicle Equipment Purchases .... $

Publications and Printing.......... .... $

Equipment Purchases ............. .... $

Computer Charges .

.... $

Real Estate Rentals ...................... $

Telecommunications ...................... $

97,534,427 19,627,515
92,817 1,508,800
88,000 3,148,735
294,430 961,823

THURSDAY, FEBRUARY 28, 1985

1877

Per Diem, Fees and Contracts Utilities.................... Payments to Central State
Hospital for Meals ........ Payments to Central State
Hospital for Utilities....... Payments to Public
Safety for Meals .......... Inmate Release Funds ...... Health Service Purchases..... Payments to the Medical
Association of Georgia for Jail and Prison Health Care Certification ......... University of Georgia -- Cooperative Extension Service Contracts ......... Minor Construction Fund .... Authority Lease Rentals ..... Capital Outlay.............. Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted Authorized Motor Vehicles

$ 209,079 $ 7,397,100

$ 2,430,900

$ 1,224,000

$

70,434

$ 980,000

$ 10,946,930

42,909
200,000 140,201 440,000
147,338,100 145,734,100
4,857 389

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds
Georgia Training and
Development Center . . . $ 1,825,744 Georgia Industrial
Institute ............. $ 7,343,660 Alto Education and
Evaluation Center .... $ 1,337,280 Georgia Diagnostic and
Classification Center . . . $ 7,747,338 Georgia State Prison ..... $ 16,559,449 Consolidated Branches . . . $ 12,921,516 Middle Georgia
Correctional Institution . $ 18,269,662 Jack T. Rutledge
Correctional Institution . $ 3,715,508 Central Correctional
Institution ............ $ 3,184,783 Metro Correctional
Institution ............ $ 4,030,864 Coastal Correctional
Institution ............ $ 4,082,032 Central Funds .......... $ 9,330,123 D.O.T. Work Details . $ 678,428 Food Processing and
Distribution .......... $ 12.091.334

State Funds

Pos.

$ 1,825,744

68

$ 7,343,660

296

$ 1,337,280

40

$ 7,747,338

321

$ 16,559,449

717

$ 12,831,476

523

$ 18,269,662

799

$ 3,715,508

151

$ 3,184,783

135

$ 4,030,864

174

$ 4,023,532

174

$ 9,226,123

3

$

32

$ 11,443.302

207

1878

JOURNAL OF THE SENATE

Farm Operations ........ $ Dodge Correctional
Institution ............ $ Transitional Centers ..... $ Augusta Correctional and
Medical Institution .... $ Health Care ............ $ Richard H. Rogers
Correctional Institution. $ Forsyth Correctional
Institution ............ $ Undistributed ........... $ Total .................. $

5,411,496
3,160,295 3,316,694
5,381,931 19,318,043
3,374,240
2,500,000 1,757,680 147,338,100

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

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...................

$ 5,386,496
$ 3,160,295 $ 3,316,694
$ 5,381,931 $ 19,318,043
$ 3,374,240
$ 2,500,000 $ 1,757,680 $ 145,734,100

38
143 117
251 290
141
153 84 4,857

. . $ 12,719,668

10,106,653 374,665 436,500 50,000 38,394 101,550 249,052 770,219 335,510 40,700 216,425
12,719,668 12,719,668
465 31

2,121,143 894,000 61,000 187,000 9,500 396,000 1,900 95,000 68,500 344,300
6,245,000
84,000

THURSDAY, FEBRUARY 28, 1985

1879

Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

10,507,343 --0-- 83 19

E. Budget Unit: Division of Probations .......................... $ 29,075,202

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 ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

28,227,929 804,988 668,204 19,000 84,150 351,570 --0-- 862,861 432,850 321,650 12,000 --0--
31,785,202 29,075,202
1,282 97

Division of Probations Functional Budgets

Total Funds Probation Administration . $ 645,960 Probation Field
Operations ........... $ 25,448,978 Diversion Centers ....... $ 5,690,264 Undistributed ........... $ Total ............... $ 31,785,202

State Funds $ 515,960
$ 23,578,978 $ 4,980,264
$ 29,075,202

Pos. 21
1,051 210 0
1,282

Section 31. Department of Public Safety.
A. Budget Unit: Department of Public Safety .........................
Operations Budget:
Personal Services.................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases . Publications and Printing ........... Equipment Purchases .............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ...............

$ 55,525,305
39,903,900 5,970,433
120,356 3,712,900
471,422 339,912 2,315,529
7,608 633,355

1880

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............. $ Postage ................................. $ Conviction Reports ....................... $
State Patrol Posts Repairs and Maintenance ............... $
Driver License Processing ................. $
Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ State Funds Budgeted .................... $ Total Positions Budgeted
Authorized Motor Vehicles

168,125 616,039 205,000
150,000 943,893 55,558,472
--0-- 55,525,305
1,472 1,109

Public Safety Functional Budgets

Total Funds

Administration ..........$ 6,510,503

Driver Services ..........$ 10,914,593

Field Operations ........ $ 38,133,376

Undistributed........... $

--0--

Total .................. $ 55,558,472

State Funds

$ 6,510,503

$ 10,881,426

$ 38,133,376

$

--0--

$ 55,525,305

Pos. 170 310 992
0
1,472

B. Budget Unit: Units Attached for Administrative Purposes Only ......................... $

6,135,635

Attached Units Budget:

Personal Services ......................... $ Regular 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 ............. $ Highway Safety Grants ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,827,422 417,105 101,700 110,300 42,350 125,152 186,820 124,764 78,404 428,669 23,950
1,963,680 3,500,000 9,930,316 6,135,635
86 49

Attached Units Functional Budgets

Total Funds Office of Highway
Safety ............... $ 3,853,063 Georgia Peace
Officers Standards
and Training ......... $ 3,065,106

State Funds

Pos.

$ 178,382

8

$ 3,065,106

25

THURSDAY, FEBRUARY 28, 1985

1881

Police Academy......... $ 1,123,343

$ 1,078,343

18

Fire Academy .......... $ 773,150

$ 698,150

14

Georgia Firefighters

Standards and Training

Council .............. $ 286,729

5

Organized Crime

Prevention Council .... $ 278,695

3

Georgia Public Safety

Training Facility ...... $ 550,230

13

Undistributed ........... $

--0--

0

Total .................. $ 9,930,316

$ 6,135,635

86

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ..................... $
Departmental Operations Budget:
Payments to Employees' Retirement System ..................... $
Employer Contributions ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

13,310,975
185,975 13,125,000 13,310,975 13,310,975

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

6,766,673

$ 3,841,885

$ 225,616

$

133,400

$

72,560

$

15,875

$

31,973

$

148,649

$ 218,907

$

106,850

$ 2,152,500

$ 6,948,215

$ 6,766,673

133

29

Public Service Commission Functional Budgets

Total Funds Administration.......... $ 972,309 Transportation .......... $ 1,926,417

State Funds

Pos.

$ 972,309

19

$ 1,826,417

55

1882

JOURNAL OF THE SENATE

Utilities ..... Undistributed Total .......

4,049,489 6,948,215

3,967,947

59

--0--

0

6,766,673

133

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction .......... $ 519,363,485

Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs.............. $ 537,454,932

Sponsored Operations ................... $ 65,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 148,864,590

Sponsored Operations ................... $ 72,000,000

Office of Minority

Business Enterprise ..................... $ 326,484

Special Desegregation Programs ............ $ 309,961

Authority Lease Rentals .................. $ 15,582,666

Research Consortium ..................... $ 3,500,000

Eminent Scholars Program ................ $ 2,000,000

Total Funds Budgeted .................... $ 845,038,633

Departmental Income ..................... $ 21,750,000

Sponsored Income ........................ $ 137,000,000

Other Funds............................. $ 166,925,148

Indirect DOAS Services Funding ........... $

--0--

State Funds Budgeted .................... $ 519,363,485

Total Positions Budgeted

17,020

B. Budget Unit: Regents Central Office and Other Organized Activities. .......... $ 121,504,656

Regents Central Office and Other Organized Activities Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Fire Ant and Environmental Toxicology 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 .................... $

138,408,926 46,208,132
58,447,929 19,520,077
249,308 1,262,491
832,194
2,180,000
--0-- 2,280,000
185,000

THURSDAY, FEBRUARY 28, 1985

1883

Capital Outlay--ETMH

Renovations ........................... $ 2,200,000

Capital Outlay--GRTC ................... $

--0--

SREB Payments ......................... $ 6,284,950

Medical Scholarships ..................... $ 587,000

Regents Opportunity Grants ............... $ 600,000

Regents Scholarships ..................... $ 200,000

Grants to Junior Colleges ................. $ 6,120,444

Rental Payments to Georgia

Military College ....................... $ 225,000

Total Funds Budgeted .................... $ 285,791,451

Departmental Income ..................... $ 1,810,817

Sponsored Income ........................ $ 65,728,209

Other Funds............................. $ 96,747,769

Indirect DOAS Services Funding ........... $

--0--

State Funds Budgeted .................... $ 121,504,656

Total Positions Budgeted

5,905

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

Marine Resources

Extension Center ..... . $ 1,051,742

Skidaway Institute

of Oceanography ..... $ 3,350,325

Marine Institute ....... $ 1,023,541

Georgia Tech

Research Institute .... . $ 74,495,630

Engineering

Extension Division .... . $ 3,214,552

Agricultural

Experiment Station . . . . $ 40,865,907

Cooperative Extension

Service ............. . $ 37,320,594

Eugene Talmadge

Memorial Hospital . . . . $ 94,046,870

Veterinary Medicine

Experiment Station . . . . $ 2,350,092

Veterinary Medicine

Teaching Hospital

$ 1,923,642

Family Practice

Residency Program . . . . $ 4,890,855

Georgia Radiation

Therapy Center ...... . $ 1,305,764

Athens and Tifton

Veterinary

Laboratories ......... $ 1,804,209

Regents Central Office . . . $ 18,147,728

Undistributed .......... . $

--0--

Total ................. . $ 285.791.451

State Funds $ 916,742 $ 1,205,325 $ 683,541 $ 8,080,602 $ 1,731,199 $ 25,511,162 $ 25,150,594 $ 32,201,003 $ 2,350,092 $ 463,360 $ 4,890,855 $ 172,453

Pos. 27 35 20 476 52 869 973
3,150 64 55 4 32

$

Q

$ 18,147,728

$

---0--

$ 121.504,656

48 100
0 5,905

1884

JOURNAL OF THE SENATE

C. Budget Unit: Georgia Public Telecommunications Commission ......... $
Public Telecommunications Commission Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ Sponsored Operations ................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,954,226
3,413,618 ---0--
4,599,035 --0--
8,012,653 4,954,226
139 14

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

53,025,756
30,223,633 1,104,710 1,326,398 40,500 1,842,732 1,225,340 6,953,312 1,945,423 587,770 351,000
1,644,000
1,663,187 1,433,600
367,500 2,316,651 53,025,756
--0-- 53,025,756
1,223 65

Department of Revenue Functional Budgets

Total Funds Departmental
Administration........ $ 4,437,593 Internal Administration . . $ 6,543,649 Field Services........... $ 10,281,215

State Funds

Pos.

$ 4,437,593

61

$ 6,543,649

98

$ 10,281,215

363

THURSDAY, FEBRUARY 28, 1985

1885

Income Tax ....... .. $

Motor Vehicle ..... ..... $

Central Audit ...... ..... $

Property Tax ...... ..... $

Sales Tax ......... ..... $

Undistributed ...... ..... $

Total .............

$

5,926,006 11,657,609 3,808,685 3,553,808 3,067,307 3,749,884 53.025.756

$ 5,926,006

142

$ 11,657,609

248

$ 3,808,685

94

$ 3,553,808

56

$ 3,067,307

121

$ 3,749,884

40

$ 53.025.756 1.223

Section 36. Secretary of State.

A. Budget Unit: Secretary of State . . .

$ 15,756,931

Personal Services ......................... $ 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

9,731,372 1,386,288
196,350 101,800 383,316 175,745 490,731 1,814,119 286,200 441,700 500,000 309,410 15,817,031 15,756,931
373 74

Secretary of State Functional Budgets

Total Funds

Internal Administration . . $ 1,755,721

Archives and Records .... $ 3,978,989

Corporations Regulation . . $ 1,463,805

Elections and Campaign

Disclosure ............ $ 1,221,391

Securities Regulation .... $ 952,215

Drugs and Narcotics ..... $ 619,039

State Campaign and

Financial Disclosure . . . $ 131,641

Occupational

Certification .......... $ 5,694,230

Undistributed ........... $

Q

Total .................. $ 15,817,031

State Funds

Pos.

$ 1,753,621

42

$ 3,928,989

92

$ 1,461,805

49

$ 1,221,391

15

$ 946,215

23

$ 619,039

15

$ 131,641

3

$ 5,694,230

134

$

Q

0

$ 15,756,931

373

Occupational Certification Functional Budgets

Accounting ....

... $

Board Costs 184,908

Cost of Operations $ 341,315

1886

JOURNAL OF THE SENATE

Architect ............ $ Athletic Trainers ..... $ Auctioneers .......... $ Barbers.............. $ Chiropractic. ......... $ Construction Industry . $ Cosmetology ......... $ Dentistry ............ $ Dieticians ............$ Engineers ............ $ Forestry ............. $ Funeral Service. ...... $ Geology ............. $ Hearing Aid ......... $ Landscape Architect . . $ Librarians ........... $ Marriage and Family
Therapists ......... $ 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................ $

47,942 1,242 6,242 11,473 11,095
54,563 37,092 56,467 11,500 51,468 3,139 17,463 3,331 4,987 13,523 2,331
30,080 205,418
12,069 59,775 5,218 15,285 2,179 67,179 11,791 3,722 5,734 56,001 11,915 15,374 4,871
3,405 4,520 12,019 9,523 35,027 4,932 4,606 1,099,409

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 .................

$$$

118,563 3,043 31,275

$$$$$$$$

140,719 105,883 327,706
636,089 273,255
30,000 273,429
30,840

$$$

170,228 17,502
19,842

$ 23,896

$ 17,995

$ 147,485 $ 956,652

$ 32,222

$$

670,816 26,810

$ 37,426

$$$$$$$$$$$$$$

8,662 378,707
39,703 9,462
16,224 468,838
277,840 66,489
23,164 18,520 19,196
210,360 34,301
95,266

$$$

107,713
13,541 6,220,977

$ 1,122,128

633,090 107,748 12,500
26,000 5,350 192,740

THURSDAY, FEBRUARY 28, 1985

1887

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

40,450 18,250 86,000 1,122,128 1,122,128
28 12

Real Estate Commission Functional Budget

State Funds Real Estate Commission. $ 1,122,128

Cost of

Operations

Pos.

1,163,078

28

Section 37. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission .................... $ 17,000,215

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

2,543,871 184,290 52,000 ---0-- 60,000 6,150 235,400 83,940 26,500 430,000
3,113,550 10,948,674 4,443,122
36,000
126,300 180,000
139,500 --0--
22,609,297 17,000,215
97 1

Georgia Student Finance Commission Functional Budgets

Total Funds Internal Administration $ 3,192,151

State Funds

Pos.

97

1888

JOURNAL OF THE SENATE

Higher Education

Assistance Corporation . $ 430,000

$ 330,000

Georgia Student Finance

Authority ............$ 18,987,146

$ 16,670,215

0

Undistributed ........... $

--0--

$

--0--

0

Total .................. $ 22,609,297

$ 17,000,215

97

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

871,132
547,827 56,380 57,712 --0-- 21,670 2,620
1,000 32,867 14,670 136,386 871,132 871,132
20 1

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

2,798,000
1,832,330 74,400 24,000
54,000 12,215 644,346 185,115 102,406 274,000 88,000
1,630,000

THURSDAY, FEBRUARY 28, 1985

1889

Floor Fund for Local Retirement Systems .................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $
Total Positions Budgeted Authorized Motor Vehicles

1,168,000 6,088,812 2,798,000
67 1

Section 40. Department of Transportation. Budget Unit: Department of Transportation .. $ 439,301,873

For Public Roads and Bridges, for Grants to Coun ties for Road Construction and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services......................... $ 159,366,282

Regular Operating Expenses ............... $ 44,848,281

Travel ..................................$ 1,588,112

Motor Vehicle Equipment

Purchases ............................. $ 1,000,000

Publications and Printing .................. $ 811,147

Equipment Purchases ..................... $ 2,342,058

Computer Charges ....................... $ 1,759,670

Real Estate Rentals ...................... $ 1,086,507

Telecommunications ...................... $ 1,716,031

Per Diem, Fees and Contracts ............. $ 8,991,102

Capital Outlay........................... $ 529,518,044

Grants to Counties ....................... $ 9,317,013

Authority Lease Rentals .................. $ 23,260,745

State of Georgia General

Obligation Debt Sinking Fund ........... $ 3,458,506

Grants to Municipalities .................. $ 9,317,000

Capital Outlay--

Airport Development ................... $ 1,270,000

Capital Outlay--

Airport Approach Aid

and Operational Improvement............ $ 1,343,000

Mass Transit Grants...................... $ 8,796,429

Savannah Harbor Maintenance

Payments ............................. $ 630,000

Spoilage Area Acquisition,

Clearing, Preparation and

Dike Reconstruction .................... $

--0--

Geodetic Control ......................... $

--0--

Total Funds Budgeted .................... $ 810,419,927

State Funds Budgeted .................... $ 439,301,873

Total Positions Budgeted ................. $

6,946

Authorized Motor Vehicles ................ $

4,800

1890

JOURNAL OF THE SENATE

Department of Transportation Functional Budgets

Total Funds Motor Fuel Tax Budget

Planning and

Construction

Maintenance and

Betterments .......... $ 158,423,310

Facilities and Equipment . $ 4,008,247

Assistance to Counties ... $ 9,317,013

Administration .......... $ 41,808,455

Undistributed ........... $

--0--

Total .................. $ 783,846,000

General Funds Budget

Grants to Municipalities .. $ Paving at State and
Local Schools and State Institutions ...... $ Paving at State Parks and Historic Sites ..... $ Geodetic Control ........ $ Air Transportation ...... $ Inter-Modal Transfer Facilities ............. $ Harbor Maintenance Facilities ............. $ Capital Outlay .......... $ Undistributed ........... $
Total .................. $

9,317,000
750,000
500,000 --0--
1,308,731
13,068,196
630,000 1,000,000
--0-- 26,573,927

State Funds

$ 154,238,490 $ 3,408,247 $ 9,317,013 S 41,358,455
Ss 421,303,000

$ 9,317,000

$ 750,000

s $

500,000

$ 918,731

$ 4,883,142

$ 630,000

$ 1,000,000

$

--0--

$ 17,998,873

Pos.
3, 564 0 0
338 0
6, 907
0
0
0 0 16
23
0 0 0 39

Section 41. Department of Veterans Service.

Budget Unit: Department of Veterans Service ........................... . $ 13,934,645

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

3,496,744 48,290 82,000
18,000 71,964
193,169 56,500 7,360 280,000 32,500
8,248.354

THURSDAY, FEBRUARY 28, 1985

1891

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

4,553,916
25,780 17,114,577 13,934,645
142 1

Veterans Service Functional Budgets

Total Funds

Veterans Assistance ......$ 3,949,103

Veterans Home and

Nursing Facility --

Milledgeville.......... $ 8,579,059

Veterans Nursing

Home -- Augusta..... $ 4,586,415

Undistributed ........... $

--0--

Total .................. $ 17,114,577

State Funds

Pos.

$ 3,711,720

142

$ 6,752,859

0

$ 3,470,066

0

$

--0--

0

$ 13,934,645

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 ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Postage ................................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

5,289,965
4,130,394 86,052 57,000 --0-- 85,400 15,350 240,292 491,792 73,485 35,500 74,700
5,289,965 5,289,965
149 1

Workers' Compensation Board Functional Budgets

Total Funds

Administration.......... $ 4,823,009

Vocational Rehabilitation. $ 466,956

Undistributed ........... $

--0--

Total .................. $ 5,289,965

State Funds

Pos.

$ 4,823,009

134

$ 466,956

15

$

--0--

0

$ 5,289,965

149

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JOURNAL OF THE SENATE

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................. $ 171,172,648
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New).................... $ 30,379,800

Section 44. Provisions Relative to Section 3, Su preme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Su preme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employ ees of the Court, including the cost of purchasing and dis tributing 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.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including sala ries and retirement contributions of judges and employees of the Court.
Section 46. Provisions Relative to Section 5, Supe rior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the pay ment of Judges' salaries, the payment of mileage author ized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mile age and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and Dis trict Attorneys Emeritus; for the cost of staffing and oper ating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is desig nated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 47. Provisions Relative to Section 6, Juve nile Courts. The appropriations in Section 6 (Juvenile

THURSDAY, FEBRUARY 28, 1985

1893

Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Insti tute of Continuing Judicial Education. The appropria tions in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Geor gia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judi cial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Ju dicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 50. Provisions Relative to Section 10, De partment of Administrative Services. Income to the De partment of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases author ized for all State employees, or unless there is a corre sponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service:
General Services ...................$ 471,198 Data Processing Service ........... $ 44,186,771 Motor Pool Serivce ............... $ 2,231,793 Communication Serivces ........... $ 33,705,483 Printing Services.................. $ 4,630,532
The State Auditor shall report any exceptions or vio lations of this intent in the annual financial audit of the Department of Administrative Services.
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.
Section 51. Provisions Relative to Section 11, De partment of Agriculture. From the appropriation in Sec tion 11 (Department of Agriculture) relative to Regular Operating Expenses, $55,000 is designated and commit ted for livestock shows relating to research and promot ing; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for "on-farm" testing for bru cellosis in cattle to be transported out of Georgia.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.

1894

JOURNAL OF THE SENATE

The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers.
The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.
No expenditure from the appropriation in Section 11 relating to Renovation, Construction, Repairs and Main tenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Au thority (Markets).
Section 52. Provisions Relative to Section 16, State Board of Education--Department of Education. From the appropriation in Section 16 (State Board of Educa tion--Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff de velopment program specifically for special education teachers utilized in programs for intellectually gifted stu dents and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools; and $17,843,010 of the compensatory education funds is designated for a compensatory education pro gram for students in grades three through eleven and shall be used for remedial purposes only. Each local sys tem's compensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a lo cal system's compensatory education plan justifies the need, the State Board of Education may approve the us age of these funds for remedial purposes in grades one and two.
Compensatory Education funds shall be distributed on the basis of the number of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test ad ministered to all students enrolled at these grade levels.
None of the State funds appropriated in Section 16 may be expended to initiate or commence any new pro gram or project which would create a continuing obliga tion of the current funds of the State, unless such pro-

THURSDAY, FEBRUARY 28, 1985

1895

gram or project has been authorized by the General Assembly.
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 In surance applicable to such salary.
Provided, further, that for systems which do not elect to implement the full day kindergarten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transporta tion; however, allotments shall not exceed the actual cost of mid-day transportation by the local system.
State funds appropriated to local systems for class room teacher salaries on the basis of average daily at tendance in grades 1 through 7 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.
For the purpose of mid-term adjustment in grades 1 through 7, additional units shall be the difference be tween the total earned and total allotted in those grades.
No payments from funds appropriated for Mainte nance and Operation, Sick and Personal Leave and In structional Media for special education teachers shall be made prior to such teaching unit being filled.
Teaching units allocated under Code Section 20-2152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
From the appropriation in Section 16 (State Board of Education--Department of Education) for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units

1896

JOURNAL OF THE SENATE

under Code Section 20-2-157 for grades 1 and 2 at a ra tio of 1:20 students in average daily attendance.
Local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2-157(b)(2), Code Section 20-2-160 and Code Section 20-2-159.
From appropriations in Section 16 (State Board of Education--Department of Education) for salaries rela tive to APEG Code Sections 20-2-152, 20-2-153, 20-2157, 20-2-181, and 20-2-18 l(d)(2), funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fis cal year with the prior approval of the Office of Planning and Budget.
The funds appropriated in Section 16 (State Board of Education--Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1986 entitlements were sufficient to cover eligible projects (pursuant to Code Sec tion 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1986.
Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.
Section 53. Provisions Relative to Section 18, For estry Commission. From the Appropriation in Section 18 (Forestry Commission), $60,000 is designated and com mitted to the Ware County Commission for the County General Fund for road maintenance.
Section 54. Provisions Relative to Section 21, Of fice of the Governor. There is hereby appropriated a Gen eral Emergency Fund for meeting expenses deemed emer gencies by the Governor and to be expended by the Governor at his discretion 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 provisions of State law and the Constitution.
Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants--State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Geor gia.

THURSDAY, FEBRUARY 28, 1985

1897

Section 55. Provisions Relative to Section 23, De partment of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemo philia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $100,000 is designated and committed for the purchase of clotting factor for the hemophilia program.

No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State Funds would cause the loss of Federal funds for programs other than advertising.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 61% of the stan dards of need; such AFDC payments shall be made from the date of certification and not from the date of applica tion; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$ 202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$ 123 187 223 264 301 327 354 376 395 423 453

From the appropriation in Section 23 (Department of Human Resources), $3,879,000 is designated and com mitted for a statewide program of pre-natal and post-na tal care, including all hospitals where such program or programs are providing or shall provide such care.
Provided, that of the above appropriations relating to Prenatal, Postnatal, and Neonatal programs, the distribu tion of funds shall be on the basis of need and perform ance equally.
From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and com mitted to operate the RCW Industries, Inc.
From the appropriation in Section 23, the Depart ment of Human Resources is authorized to provide treat-

1898

JOURNAL OF THE SENATE

ment for eye disorders, provided that treatment for such disability cannot be obtained from other sources.
The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital.
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.
From the appropriation in Section 23 (Deparment of Human Resources) relating to the Public Health--Fam ily Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be ex pended for those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State.
The Roosevelt Warm Springs Institute for Rehabili tation is authorized to use excess agency income for a re pair and maintenance program.
The Department of Human Resources may 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-In stitutional Foster Care be not less than the rates paid for such various services on June 30, 1983.
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 prob lem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, how ever, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 23 (Department of Human Resources), not less than $181,000 is commit ted for funding of the Community Cardiovascular Coun cil Stroke-Screening Program.
From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state resi dential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care.

THURSDAY, FEBRUARY 28, 1985

1899

From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and com mitted for a program of screening and treatment of dia betes in the Columbus area.
Provided, that of the appropriation relating to Bene fits for Child Care, the Department is hereby authorized to utilize existing funds for a one time emergency cloth ing allowance for teenage foster chldren not to exceed $300.
Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catch ment area if such client is otherwise eligible to receive services.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover ex penses for local programs, excepting private gifts, dona tions and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Re tardation Residential Services, the Department is author ized to make monthly payments to service providers of no more than $392, and the Department is directed to sup plant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Commu nity Mental Retardation Residential Services to use ben efits to contract with private home providers for service or to provide small group living situations or semi-indepen dent living situations for clients and that these residential services be available to clients residing in the community as well as those returning to their communities from in stitutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
No additional Youth Services group homes or com munity treatment centers shall be started with Federal

1900

JOURNAL OF THE SENATE

funds without prior approval by the General Assembly of Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alco holism and drug abuse.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Ser vices, $33,750 is designated and committed for the pur pose of continuing the work experience component of the Ft. Yargo Group Home Program.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Fos ter Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Department of Offender Rehabilitation to provide ap propriate security coverage for inmate labor at these Hos pitals.
The budgeted position counts for Gracewood State School and Hospital, Southwestern State Hospital, and Central State Hospital are the authorized position limits for the end of fiscal year 1986.
Section 56. Provisions Relative to Section 24, De partment of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) rela tive to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distri bution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.
Section 57. Provisions Relative to Section 25, De partment of Labor. It is the intent of this General Assem bly that all state agencies involved in building inspec tions, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of ef fort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees con cerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency.

THURSDAY, FEBRUARY 28, 1985

1901

Section 58. Provisions Relative to Section 27, De partment of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health.
Section 59. Provisions Relative to Section 28, Merit System of Personnel Administration. The employer contribution paid by the State for Teachers' Health In surance shall be for State-allotted teachers and that the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.
The Department is authorized to assess no more than $111.39 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 State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 60. Provisions Relative to Section 29, De partment of Natural Resources. No land shall be pur chased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically pro vided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Water and Sewer Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type projects, and $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. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites re ceipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess re ceipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to in clude repairs and maintenance of State Parks and His toric Sites facilities.
Section 61. Provisions Relative to Section 30, De partment of Offender Rehabilitation. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county.

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From the appropriation in Section 30 (Department of Offender Rehabilitation) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project.
With respect to the Legal Services Program for in mates, lawyers, law students and/or employees are pro hibited from soliciting for filing of writs.
The Department shall not start any new community center programs with Federal funds without the prior ap proval of the General Assembly of Georgia.
Section 62. Provisions Relative to Section 31, De partment of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction re port.
To the extent that Federal funds are realized in ex cess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to pro ject grants.
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. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. The Department of Adminis trative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
Section 63. Provisions Relative to Section 34, Re gents, University System of Georgia. 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 contri bution applicable to such salary to the Teachers' Retire ment System.
No funds realized by the State Board of Regents of the University System or by any college or university from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant pur-

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poses until made available by written approval of the Of fice of Planning and Budget, in accordance with the pro visions of the Budget Act, as amended.
Revenue from student fees that exceeds 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 Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limita tion. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
The l'/2% Personal Services continuation factor in corporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2'/2% merit-type increases.
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 Subcommittees.
The payment of Grants to Junior Colleges shall be based on a rate of $796 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
Section 64. Provisions Relative to Section 35, De partment of Revenue. From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,433,600 is designated and committed for the sole purpose of contracting for the production of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production.
Section 65. Provisions Relative to Section 37. From the appropriation in Section 37 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000

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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
The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sec tions 20-3-410 through 20-3-416.
Section 66. Provisions Relative to Section 40, De partment of Transportation. In order to meet the require ments for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and ex ecution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administra tive Services.
Grants to Counties for aid in county road construc tion and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same pro portion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for fourlaning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collec tion of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.
Functions financed with General Fund appropria tions shall be accounted for separately and shall be in ad-

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dition to appropriations of Motor Fuel Tax revenues re quired under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 3640-46), and shall be distributed and disbursed on a quar terly basis, such payments to be made on the last day of each quarter.
Bus rental income may be retained to operate, main tain and upgrade department-owned buses, and air-trans portation service income may be retained to maintain and upgrade the quality of air transportaion equipment.
Of the above appropriation $800,000 is designated and committed for preliminary engineering location, envi ronmental and traffic studies, and mapping for the Fall Line Freeway.
Of the above appropriation $200,000 is designated and committed for preliminary engineering, location, en vironmental and traffic studies, and mapping for the Golden Isles Parkway.
State funds for any airport development project shall not exceed local funds for such project, except for air ports owned by the State of Georgia.
Section 67. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 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 $7,967,102 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 ($7,832,102 Budget Unit "C") in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly ba sis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.
Section 68. Appropriations to the object class "Au thority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to an other sinking fund.
Section 69. Each State agency utilizing xero-

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graphic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 70. Each and every agency, board, commis sion, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop 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 busi ness. Except 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 con ditions 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 71. To the extent to which Federal funds become available in amounts in excess of those contem plated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap propriated to supplant Federal funds, which such sup planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appro priations Committees of the Senate and House of Repre sentatives of the instances of noncompliance with the stated intent of this Section.

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Section 72. Each agency for which an appropria tion is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activ ity and function contained in this Appropriations Act.
Section 73. 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 74. No State appropriations authorized under this Act shall be used to continue programs cur rently funded entirely with Federal funds.
Section 75. 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.
Section 76. 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 77. All expenditures and appropriations

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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 1985 regular ses sion, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Exec utive Branch between objects, functional budgets, pro grams 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 Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred betwen objects without the prior approval of at least eleven members of the Fiscal Affairs Subcom mittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch 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 recommendations 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 78. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures with the Budget Unit, and shall super sede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 79. For the purposes of this Act,

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(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 80. 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 reappropriated by the Georgia General Assembly. This provi sion shall not apply to project grant funds not appropriated in this Act.
Section 81. 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 amount so in excess, as determined by the Office of Plan ning and Budget, shall cease to be an obligation of the State.
Section 82. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $238,582,477 for the purposes described herein: 1) An increase of 7% for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1985; 2) For an increase from $14,329 to $16,000 for the T-4 entrance level and a restructuring of the teacher salary schedule, with first and second year teachers to be paid as those with two years of experience and with re sumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1985; 3) For school bus drivers and lunchroom workers a 7% increase to be effective July 1, 1985; 4) For University System employees, a 7% salary increase to be effective September 1, 1985 for academic contracted personnel; 5) A 7% sal ary increase, effective July 1, 1985, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary

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Diagnostic Laboratories, the Cooperative Extension Ser vice and the Agricultural Experiment Stations; 6) An in crease of 7% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Geor gia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.

Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office.

Section 83. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Pro vided, that from the amount appropriated 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 principal amount of
General Obligation Debt:

Principal Amount Debt Service

Local Schools

(Includes Public

Libraries)

$

Amicalola State Park $

Renovations,

Construction and

Equipping of

University System's

Buildings

$

Micro-electronics

Center

$

Dike Construction $

Road Repair and

Construction

(LARP)

$

Correctional

Institutions

$

109,413,881 6,500,000
39,250,000 15,000,000 3,000,000
20,000,000 39,000,000

$ 13,129,800 $ 780,000
$ 4,710,000 $ 3,900,000 $ 780,000
$ 2,400,000 $ 4,680,000

Section 84. TOTAL STATE FUND APPROPRIATIONS

State F.Y. 1986 .

$ 4,838,000,000.

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. All laws and parts of laws in conflict with this Act are repealed.

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

The report of the committee, which was favorable to the passage of the bill 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 Coleman Coverdell Dawkins

Deal Dean English Fincher Foster Garner Gillis 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
Timmons Tolleson
Trulock Turner Walker

Those not voting were Senators:

Engram Greene

Harrison Phillips (excused)

Tysinger (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.

Senator Starr of the 44th moved that HB 226 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 226 was immediately transmitted to the House.

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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.

Senate Sponsors: Senators Brown of the 47th and Peevy of the 48th.

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

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

Those voting in the affirmative were Senators:

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

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

Kennedy Kidd Land Langford McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh Tolleson Trulock Walker

Those not voting were Senators:

Brannon Fincher Greene McGill

Phillips (excused) Scott of 2nd Tate

Timmons Turner Tysinger (excused)

On the passage of the bill, the yeas were 46, nays 0.

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

THURSDAY, FEBRUARY 28, 1985

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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.

Senate Sponsors: Senators Brown of the 47th and Peevy of the 48th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman 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 Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Walker

Those not voting were Senators:

Brannon Fincher Harrison

Phillips (excused) Timmons

Turner Tysinger (excused)

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

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

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

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 House substitute to SB 75 was as follows:

A BILL
To be entitled an Act 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 and in entering any order of restitu tion to the victim if the defendant, in committing a felony, caused physical, psychological, or economic injury to the victim or, in committing a misde meanor, caused serious physical injury or death to the victim; to provide for notice in certain cases to the victim of the right to make such a statement orally or in writing; to provide for procedures relating to such statement; to provide that the victim's attorney or designated family member may make such statement when the victim is unable to do so; to provide for victim impact statements prior to consideration of parole; to provide for the con tents of such statement; to provide for the form and availability of such statement; to provide for rebuttal of such statement; to provide that no sen tence shall be invalidated because of failure to comply with the provisions of law regarding such statements; to provide that such provisions shall not cre ate any cause of action or any right of appeal; to provide for other matters relative to the foregoing; 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 for certain notice to victims of crimes against the person; to provide for mailing such notice; to provide that parole dates shall not be voided under certain circumstances; to provide an effective date; to provide for application; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding two new Code sections immedi ately following Code Section 17-10-1, to be designated Code Sections 17-101.1 and 17-10-1.2, to read as follows:
"17-10-1.1. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 17-10-1, the judge may consider a victim

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impact statement in determining the appropriate sentence and in entering any order of restitution to the victim if:
(1) The defendant, in committing a felony, caused physical, psycho logical, or economic injury to the victim; or
(2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim.
(b) A victim impact statement shall:
(1) Identify the victim of the offense and the perpetrator;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Contain any other information related to the impact of the of fense upon the victim that the court requires.
(c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prose cuting attorneys in the state. When requested by the victim, the impact statement form document shall be provided to the victim by the prosecut ing attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must main tain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address.
(d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may com plete the victim impact statement form on behalf of the victim. Prior to the sentencing, the prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court and shall make it available to the defendant.
(e) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's written statements.
(f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole.

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(g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.
17-10-1.2. (a) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fixing of the sentence as provided for in Code Section 17-10-1, the court, within its discretion, may allow any victim or his representative who elects to make an oral victim impact statement the opportunity to do so in the presence of the defendant before rendering the appropriate sentence and in entering any order of restitution to the victim. Such oral statement may be considered in cases where:
(1) The defendant, in committing a felony, caused physical, psycho logical, or economic injury to the victim; or
(2) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim.
(b) In making an oral statement, the victim shall, if applicable:
(1) Describe the nature of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Include any other information related to the impact of the of fense upon the victim that the court inquires of.
(c) The court shall, in the manner prescribed by rule of court, allow the defendant to have the opportunity to rebut the victim's oral statements.
(d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person."
Section 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by striking Code Section 42-9-47, relating to notification of per sons and law enforcement authorities of decisions to parole inmates, and inserting in lieu thereof a new Code Section 42-9-47 to read as follows:
"42-9-47. Within 72 hours after the board reaches a final decision to parole an inmate, the district attorney, the presiding judge, the sheriff

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of each county in which the inmate was tried, convicted, and sentenced, the local law enforcement authorities of the county of the last residence of the inmate prior to incarceration, and the victim of crimes against the person shall be notified of the decision by the chairman of the board. Such notice to the victim shall be mailed to the victim's address as pro vided for in subsection (c) of Code Section 17-10-1.1. Failure of the pros ecuting attorney to provide an address of the victim or failure of the victim to inform the board of a change of address shall not void a parole date set by the board."
Section 3. This Act shall become effective on July 1, 1985.
Section 4. This Act shall only apply to cases filed on or before July 1, 1985.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 75.

On the motion, 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 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 Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Walker

Those not voting were Senators:

Barnes Brannon Brantley

Phillips (excused) Timmons

Turner Tysinger (excused)

1918

JOURNAL OF THE SENATE

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 75.

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 244 by adding at the end thereof the following:
"By striking the word 'he' where it appears in line 17 and in line 22 of Page 2 and inserting in lieu thereof in said line 17 and line 22 the following:
'the commissioner'".

Senator Greene of the 26th moved that the Senate agree to the House amendment to the Senate amendment to HB 244.

On the motion, 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 Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Horton Howard

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 36th Starr Stumbaugh

THURSDAY, FEBRUARY 28, 1985

1919

Tate Tolleson

Trulock

Walker

Those not voting were Senators:

Barnes
Brannon Harrison Holloway

Hudgins Phillips (excused) Scott of 2nd

Timmons Turner Tysinger (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 244.

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

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.
Senate Sponsors: Senators Holloway of the 12th and McKenzie of the 14th.

The Senate Committee on Rules offered the following amendment:

Amend HR 74 by adding in line 8 on Page 2 before the word "Speaker" the words "Lieutenant Governor and the".

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 Baldwin Barker Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dawkins

1920

JOURNAL OF THE SENATE

Deal Dean English Engram Fmcher GFoasrtneer r
Gillis
Greene
Harris
Harrison Hine

Holloway Horton Howard Hudgins Huggms KKeidndnedy
Land
McGill
McKenzie
Peevy Perry

Ray Reddish Scott of 2nd Scott of 36th Starr S^ tumbu aughu
Tate
Tolleson
Trulock
Turner Walker

Those not voting were Senators:

Allgood Barnes

Langford Phillips (excused)

Timmons Tysinger (excused)

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

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

Senator Land of the 16th introduced the doctor of the day, Dr. Bruce C. Newsom, of Columbus, Georgia.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 35 by adding before the semicolon on line 27 of Page 3 the following:
", and for purposes of this paragraph, 'state waters' excludes chan nels and drainageways which have water in them only during and imme diately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible

THURSDAY, FEBRUARY 28, 1985

1921

for a project which involves five acres or less, which involves land-dis turbing activity, and which is within 200 feet of any such excluded chan nel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located".
By striking lines 4 through 8 of Page 4 and inserting in their place the following:
"state;'"

Senator Gillis of the 20th offered the following amendment:

Amend the amendment to HB 35 offered by the Senate Committee on Natural Resources by striking lines 16 through 18 and inserting in lieu thereof the following:
"By striking the words 'standard contract' on line 5 of Page 4."
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment offered by Senator Gillis of the 20th was adopted.
On the adoption of the amendment offered by the Senate Committee on Natural Resources, the yeas were 37, nays 0, and the amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen B rannon
Boroun oyff 4A6*thu BBuryrtaonnt Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harri;s ."..inf Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Ray Reddish
SSccootttt off 23ndh S,,,, arr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

1922

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Bond Brown of 47th

Holloway McKenzie

Phillips (excused) Tysinger (excused)

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 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.
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 owe "
o ran yt AM Brownnoff 44m Bryant BU rton Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harris TM" Hlne Holloway Howard Hudgins Huggins Kennedy Kidd Land

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

THURSDAY, FEBRUARY 28, 1985

1923

Those not voting were Senators:

Bond Brannon Coleman

Horton McKenzie

Phillips (excused) Tysinger (excused)

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

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

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

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.
Senate Sponsors: Senators McGill of the 24th and English of the 21st.

The Senate Committee on Judiciary offered the following substitute to HB 239:

A BILL
To be entitled an Act 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 prior ity; to amend Code Section 44-14-363 of the Official Code of Georgia Anno tated, relating to special liens on personalty, so as to provide that the holder of certain special liens shall not be required to surrender the personal prop erty to holders of subordinate security interests or liens; to provide that cer tain mechanics' liens shall have priority over certain perfected security inter ests; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 11-9-310 of the Official Code of Georgia An notated, relating to priority of certain liens, claims, and rights, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 11-9-310 to read as follows:
"11-9-310. (1) Except as is expressly provided to the contrary else-

1924

JOURNAL OF THE SENATE

where in this article and in subsection (2) of this Code section, a per fected security interest in collateral takes priority over each and all of the liens, claims, and rights described in Code Section 44-14-320, relating to the establishment of certain liens, as now or hereafter amended, and Code Section 53-7-91, relating to the priority of debts against the estate of a decedent, as now or hereafter amended, provided, nevertheless, that:
(a) Year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest;
(b) A lien for property taxes duly assessed upon the subject collat eral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest;
(c) A lien for all other state taxes takes priority over such security interest, except where such security interest is perfected by filing a fi nancing statement relative thereto prior to such time as the execution for such state taxes shall be entered on the execution docket in the place and in the manner provided by law; provided, nevertheless, that, with respect to priority rights between such tax liens and security interests where under this article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to Jan uary 1, 1964; and
(d) A lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected security inter est, but only if execution or notice of such lien or judgment is duly re corded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security inter est entitled to priority under subsection (2) of Code Section 11-9-301.
(2) A mechanics' lien on farm machinery or equipment arising on or after July 1, 1985, shall have priority over any perfected security in terest in such farm machinery or equipment unless a financing statement has been filed as provided in Code Section 11-9-401 and unless the fi nancing statement describes the particular piece of farm machinery or equipment to which the perfected security interest applies. Such descrip tion may include the make, model, and serial number of the piece of farm machinery or equipment. However, such description shall be suffi cient whether or not it is specific if it reasonably identifies what is de scribed and a mistake in such description shall not invalidate the descrip tion if it provides a key to identifying the farm machinery or equipment."
Section 2. Code Section 44-14-363 of the Official Code of Georgia An notated, relating to special liens on personalty, is amended by striking sub section (a) of said Code section and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) All mechanics of every sort shall have a special lien on per sonal property for work done and material furnished in manufacturing or repairing the personal property and for storage of the personal property after its manufacture or repair, which storage begins accruing after 30 days' written notice to the owner of the fact that storage is accruing and

THURSDAY, FEBRUARY 28, 1985

1925

of the daily dollar amount thereof; and said notice shall be mailed to the owner by certified mail addressed to the owner at his last known address. Such special liens may be asserted by the retention of the personal prop erty or the mechanic may surrender the personal property and give credit when the lien is enforced in accordance with Code Section 44-14-550; and if such special liens are asserted by retention of the personal prop erty, the mechanic shall not be required to surrender the property to the holder of a subordinate security interest or lien. Such liens shall be supe rior to all liens except liens for taxes and, except as provided in subsec tion (2) of Code Section 1 1-9-310, such other liens as the mechanic may have had actual notice of before the work was done or material furnished."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
^ond B we "
H BBrrm oowunnn noorff 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Garner Gillis
G",.raerennsC Harnson Hine Horton Howard Hudgins Huggins Kidd

Land Langford McGill Peevy Perry
Ray Reddish
SS,,CcOotttt off,. 3.,6.t,h Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Brannon Holloway Kennedy (presiding)

McKenzie Phillips (excused)

Tolleson Tysinger (excused)

1926

JOURNAL OF THE SENATE

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

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

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

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.

The House substitute to SB 91 was as follows:

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.

THURSDAY, FEBRUARY 28, 1985

1927

(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 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. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released sepa rately as the subcontractor completes his work.
(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 invoice and other appropriate documentation as may be required by the contract doc uments are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the owner's author ized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear.

1928

JOURNAL OF THE SENATE

(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 to complete his work including any warranty work as the contractor in his reasonable discre tion may require, including, but not limited to, a payment and perform ance 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 to complete his work in cluding any warranty work as the subcontractor in his reasonable discre tion 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; or
(2) 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.

THURSDAY, FEBRUARY 28, 1985

1929

Senator Harrison of the 37th moved that the Senate agree to the House substitute to SB 91.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker j*arnes
*ond
R BBrru oowunnn ootff 444A67ttthhh Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher
Foster Garner
G G_ rileleisne Harris Harrison Hine Holloway Horton Howard

Huggins Kidd Land Langford Peevy
Perry Ray
SS.-,CcOotUt off. 23..n6.dth, Starr Stumbaugh Tate Timmons Trulock Walker

Those not voting were Senators:

Brannon Hudgins Kennedy (presiding) McGill

McKenzie
Phillips (excused) Reddish

Tolleson
Turner Tysinger (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 91.

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

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.

Senator Langford of the 35th moved that the Senate insist upon the Senate substi tute to HB 14.

1930

JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 14.

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

HB 461.

By Representatives Hanner of the 131st, Chambless of the 133rd, Rich ardson of the 52nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to define the role of county boards of health regarding certain func tions relating to personal care homes; to provide for definitions; to pro vide for criminal records checks and determinations based thereon for directors and employees of personal care homes.
Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Huggins

Kidd Land Langford Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Walker

Those not voting were Senators:

Albert Brannon Holloway Howard

Kennedy (presiding) McGill McKenzie Phillips (excused)

Timmons Tolleson Turner Tysinger (excused)

THURSDAY, FEBRUARY 28, 1985

1931

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

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

The following bill of the House was taken up for the purpose of considering the House Amendment to Senate amendment No. 2 thereto:

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.

The House amendment was as follows:

Amend Senate amendment No. 2 to HB 456 by striking lines 5, 6 and 7 and inserting in lieu thereof the following:
", the state and its instrumentalities, political subdivisions of this state and their instrumentalities".

Senator Stumbaugh of the 55th moved that the Senate agree to the House amend ment to Senate amendment No. 2 to HB 456.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
ond owe " Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Garner Gillis <feene Harrls Hme Horton Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Ray
Reddish Scott of 2nd Scott of 36th Sta " Stumbaugh Tate Timmons Trulock Turner Walker

1932

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Cobb Harrison Holloway

Howard Kennedy (presiding) McKenzie

Phillips (excused) Tolleson Tysinger (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment No. 2 to HB 456.

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

HB 681.

By Representative Bray of the 91st:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Merit System of Personnel Administration, so as to change the definition of the term "un classified service"; to exclude certain positions in the Department of La bor from the classified service.

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

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins

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

THURSDAY, FEBRUARY 28, 1985

1933

Timmons Tolleson

Trulock Turner

Walker

Those not voting were Senators:

Brannon Harrison

Howard Kennedy (presiding)

Phillips (excused) Tysinger (excused)

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

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

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land

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

1934

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Broun of 46th Greene

Harrison Kennedy (presiding) Phillips (excused)

Starr Tysinger (excused)

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.

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.
Senate Sponsor: Senator Hudgins of the 15th.

The Senate Committee on Children and Youth offered the following substitute to HB 185:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to define a certain term; to change the provisions relating to placement of children alleged to be delinquent; to change the provisions relating to placement of children alleged to be deprived; to clarify that an informal detention hearing must be held within 72 hours regarding a child who is alleged to be delin quent or deprived; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia An notated, relating to juvenile proceedings, is amended by adding between paragraphs (10) and (11) of Code Section 15-11-2, relating to definitions under Chapter 11, a new paragraph (10.1) to read as follows:
"(10.1) 'Shelter care' means:
(A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or
(B) A facility operated by a licensed child welfare agency."

THURSDAY, FEBRUARY 28, 1985

1935

Section 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;".
Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-11-20, relating to place of detention, lim its thereon, and data to be maintained, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-21, relating to the release of juveniles where detention is not warranted, and inserting in lieu thereof a new subsec tion (c) to read as follows:
"(c) If a child alleged to be delinquent is not so released, an infor mal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care to determine whether his detention or shelter care is required under Code Section 15-11-18; with respect to any child alleged to be unruly, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-20; and with respect to any child alleged to be deprived, the infor mal detention hearing shall be held promptly and not later than 72 hours after he is placed in shelter care as provided in subsection (f) of Code Section 15-11-20. Reasonable notice of the hearing, either oral or writ ten, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall in form the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct."
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 Baldwin of the 29th and Deal of the 49th offered the following amendment:

Amend the substitute to HB 185 offered by the Senate Committee on

1936

JOURNAL OF THE SENATE

Children and Youth by adding, following "72 hours" on line 7 of Page 1, on line 29 of Page 2, and line 1 of Page 3, the following:
", excluding weekends and holidays,".
By striking lines 23 and 24 of Page 2 and inserting in lieu thereof the following:
"promptly and not later than 72 hours, excluding weekends and hol idays, after he is placed in detention or shelter".

On the adoption of the amendment, the yeas were 5, nays 36, and the amendment was lost.

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

The report of the committee, which was favorable to the passage of the bill 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 Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster 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 Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Voting in the negative was Senator Garner.

THURSDAY, FEBRUARY 28, 1985

1937

Those not voting were Senators:

Brannon Brantley

Fincher Harrison

Phillips (excused) Tysinger (excused)

On the passage of the bill, the yeas were 49, nays 1.

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

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

HR 310.

By Representatives Murphy of the 18th and Burruss of the 20th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 1, 1985, and to reconvene at 10:00 o'clock A.M. on Monday, March 4, 1985.

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

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

SR 184. By Senators Bond of the 39th, Scott of the 2nd, Walker of the 43rd and others:
A resolution to ratify the amendment to the United States Constitution to provide for representation of the District of Columbia in the Congress.

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 Bond Brown of 47th Cobb Coleman Dawkins

Deal English Engram Foster Gillis Greene Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

1938

JOURNAL OF THE SENATE

Peevy Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate

Timmons Trulock Walker

Those voting in the negative were Senators:

Albert Barnes Bowen
Burton Coverdell

Dean Garner Harris Land

McKenzie Perry Tolleson Turner

Those not voting were Senators:

Brannon Brantley Broun of 46th

Bryant Fincher Harrison

Phillips (excused) Tysinger (excused)

On the adoption of the resolution, the yeas were 35, nays 13.

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

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 1:32 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, MARCH 1, 1985

1939

Senate Chamber, Atlanta, Georgia Friday, March 1, 1985
Thirty-sixth 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 734.

By Representative Pinkston of the 100th:
A bill to provide for the Consolidated Government of Macon-Bibb, Georgia.

HB 876.

By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding, and consolidat ing the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols County.

HB 949.

By Representative Lord of the 107th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to provide for the board, its members, and chairman.

HB 953.

By Representative Lord of the 107th:
A bill to amend an Act creating a charter for the City of Sandersville, so as to provide for city elections.

1940

JOURNAL OF THE SENATE

HB 977.

By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees.

HB 1024.

By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the compensation of the tax commissioner.

HB 1025.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the clerk of the superior court.

HB 1026.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the judge of the probate court.

HB 1027.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the sheriff.

HB 1028.

By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to provide for election of members to the Burke County board of education; to provide for five education districts.

HB 1029.

By Representative Ross of the 82nd:
A bill to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law.

HB 1032.

By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change to corporate limits of the City of Marietta.

HB 1033.

By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide for a new board of education of Polk County; to provide for the election of members of the board of education.

FRIDAY, MARCH 1, 1985

1941

HB 1036.

By Representatives Lawrence of the 49th, Williams of the 48th, Steinberg of the 46th 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 Commissioners of DeKalb County to pass ordinances, resolu tions, rules, and regulations permitting payment not in excess of $200.00 to owners of personal property injured, damaged, or destroyed by em ployees of DeKalb County.

HB 1037.

By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act implementing the constitutional amendment cre ating the Catoosa County Development Authority so as to change the manner of selecting members of the authority.

HB 1038.

By Representatives Hill of the 83rd and Evans of the 84th:
A bill to amend an Act creating a board of commissioners for Columbia County, so as to change provisions relating to compensation of members of the board.

HB 1040.

By Representatives Byrd of the 153rd and Moody 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 the cre ation, powers, authority, funds, purposes, and procedures of the Lyons Development Authority.

HB 1044.

By Representatives Dover of the 11th, Jamieson of the 11th and McDon ald of the 12th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Banks County into the office of tax commissioner of Banks County, so as to change the compensation of the tax commissioner.

HB 1045.

By Representative Edwards of the 112th:
A bill to amend an Act providing for the board of commissioners of Taylor County, so as to provide for reapportionment of commissioner districts.

HB 1049.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County, so as to change the compensation and commissions of said tax commissioner.

1942

JOURNAL OF THE SENATE

HB 1050.

By Representatives Wilson of the 20th, Burruss of the 20th, Cooper of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.

HB 1051.

By Representatives Aiken of the 21st, Wilder of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the chief assis tant solicitor and the assistant solicitors.

HB 1054.

By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

HB 1055.

By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act placing the clerk of the Superior Court of Dawson County and the judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge.

HB 1056.

By Representative Cox of the 141st:
A bill to amend an Act creating the office of tax commissioner of Seminole County, so as to change provisions relating to the compensation of the tax commissioner.

HB 1057.

By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the judge of probate court of Seminole County, so as to change provisions relating to the compensation of the judge of probate court.

HB 1058.

By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the clerk of superior court of Seminole County, so as to change provisions relating to the compensation of the clerk of the superior court.

HB 1059.

By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change provisions relating to the compensation of the sheriff.

FRIDAY, MARCH 1, 1985

1943

HB 1061.

By Representatives Dover of the llth, Jamieson of the llth and McDon ald of the 12th:
A bill to amend an Act creating the Banks County board of commission ers, so as to change the compensation of the chairman and other mem bers of the board of commissioners.

HB 1062.

By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

HB 1063.

By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to provide that the magistrates of the Magistrate Court of Clayton County shall post bond or surety with the governing authority of Clayton County conditioned upon the faithful discharge of their duties as magistrates.

HB 1064.

By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to provide for the compensation of the judge of the Juvenile Court of Clayton County.

HB 1065.

By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the deposits for advance costs.

HB 1039.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for the dis tricts from which members of the board of education shall be elected and to change the provisions relative to the election of such members.

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

SB 251.

By Senator Foster of the 50th:
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 Dawson County Industrial Building Authority; to provide the authority for this Act.

1944

JOURNAL OF THE SENATE

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.

SB 270. By Senator Reddish of the 6th:
A bill to amend an Act creating a new charter for the City of Jesup, as amended, so as to change the provisions relating to the election of the mayor and other members of the board of commissioners; to provide for election districts; to provide for practices and procedures connected with city elections; to provide for residency requirements.

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

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.

The House has disagreed to the Senate substitute to 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 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.

The House has agreed to the Senate substitute to 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.

FRIDAY, MARCH 1, 1985

1945

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.

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 Cherokee Judicial Circuit.

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

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 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 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 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.

1946

JOURNAL OF THE SENATE

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

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.

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

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.

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

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

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.

FRIDAY, MARCH 1, 1985

1947

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 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 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.

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

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

SB 288. By Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd and Burton 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 providing that the Gen eral Assembly shall have authority to create and establish districts from which the members of the DeKalb County Board of Education shall be elected and to provide the manner of elections; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

1948

JOURNAL OF THE SENATE

SB 289. By Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd and Burton 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 directing the county au thorities of DeKalb County to levy a tax not exceeding one mill for edu cational purposes; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

SR 214. By Senator Coverdell of the 40th:
A resolution requesting the United States Postal Service to issue a com memorative postage stamp celebrating Georgia's 200th year as a state.
Referred to Committee on Rules.

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

HB 734. By Representative Pinkston of the 100th:
A bill to provide for the Consolidated Government of Macon-Bibb, Georgia.
Referred to Committee on Urban and County Affairs.

HB 876. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding, and consolidat ing the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols County.
Referred to Committee on Urban and County Affairs.

HB 949. By Representative Lord of the 107th:
A bill to amend an Act creating a board of commissioners of Washington County, so as to provide for the board, its members, and chairman.
Referred to Committee on Urban and County Affairs.

HB 953. By Representative Lord of the 107th:
A bill to amend an Act creating a charter for the City of Sandersville, so as to provide for city elections.
Referred to Committee on Urban and County Affairs.

FRIDAY, MARCH 1, 1985

1949

HB 977. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees.
Referred to Committee on Urban and County Affairs.

HB 1024. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1025. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

HB 1026. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the judge of the probate court.
Referred to Committee on Urban and County Affairs.

HB 1027. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 1028. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to provide for election of members to the Burke County board of education; to provide for five education districts.
Referred to Committee on Urban and County Affairs.

HB 1029. By Representative Ross of the 82nd:
A bill to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law.
Referred to Committee on Urban and County Affairs.

1950

JOURNAL OF THE SENATE

HB 1032. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the City of Marietta.
Referred to Committee on Urban and County Affairs.

HB 1033. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide for a new board of education of Polk County; to provide for the election of members of the board of education. Referred to Committee on Urban and County Affairs.

HB 1036. By Representatives Lawrence of the 49th, Williams of the 48th, Steinberg of the 46th 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 Commissioners of DeKalb County to pass ordinances, resolu tions, rules, and regulations permitting payment not in excess of $200.00 to owners of personal property injured, damaged, or destroyed by em ployees of DeKalb County.
Referred to Committee on Urban and County Affairs.

HB 1037. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act implementing the constitutional amendment cre ating the Catoosa County Development Authority so as to change the manner of selecting members of the authority.
Referred to Committee on Urban and County Affairs.

HB 1038. By Representatives Hill of the 83rd and Evans of the 84th:
A bill to amend an Act creating a board of commissioners for Columbia County, so as to change provisions relating to compensation of members of the board.
Referred to Committee on Urban and County Affairs.

HB 1039. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for the dis tricts from which members of the board of education shall be elected and to change the provisions relative to the election of such members.
Referred to Committee on Urban and County Affairs.

HB 1040.

By Representatives Byrd of the 153rd and Moody 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 the ere-

FRIDAY, MARCH 1, 1985

1951

ation, powers, authority, funds, purposes, and procedures of the Lyons Development Authority.
Referred to Committee on Urban and County Affairs.

HB 1044. By Representatives Dover of the 11th, Jamieson of the 11th and McDon ald of the 12th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Banks County into the office of tax commissioner of Banks County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1045. By Representative Edwards of the 112th:
A bill to amend an Act providing for the board of commissioners of Taylor County, so as to provide for reapportionment of commissioner districts.
Referred to Committee on Urban and County Affairs.

HB 1049. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer County, so as to change the compensation and commissions of said tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1050. By Representatives Wilson of the 20th, Burruss of the 20th, Cooper of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
Referred to Committee on Urban and County Affairs.

HB 1051. By Representatives Aiken of the 21st, Wilder of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the chief assis tant solicitor and the assistant solicitors.
Referred to Committee on Urban and County Affairs.

HB 1054. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

1952

JOURNAL OF THE SENATE

HB 1055. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act placing the clerk of the Superior Court of Dawson County and the judge of the Probate Court of Dawson County upon an annual salary, so as to change the compensation of said clerk and judge.
Referred to Committee on Urban and County Affairs.

HB 1056. By Representative Cox of the 141st:
A bill to amend an Act creating the office of tax commissioner of Seminole County, so as to change provisions relating to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1057. By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the judge of probate court of Seminole County, so as to change provisions relating to the compensation of the judge of probate court.
Referred to Committee on Urban and County Affairs.

HB 1058. By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the clerk of superior court of Seminole County, so as to change provisions relating to the compensation of the clerk of superior court.
Referred to Committee on Urban and County Affairs.

HB 1059. By Representative Cox of the 141st:
A bill to amend an Act providing for the compensation of the sheriff of Seminole County, so as to change provisions relating to the compensation of the sheriff.
Referred to Committee on Urban and County Affairs.

HB 1061. By Representatives Dover of the 11th, Jamieson of the 11th and McDon ald of the 12th:
A bill to amend an Act creating the Banks County board of commission ers, so as to change the compensation of the chairman and other mem bers of the board of commissioners.
Referred to Committee on Urban and County Affairs.

FRIDAY, MARCH 1, 1985

1953

HB 1062. By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.
Referred to Committee on Urban and County Affairs.

HB 1063. By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to provide that the magistrates of the Magistrate Court of Clayton County shall post bond or surety with the governing authority of Clayton County conditioned upon the faithful discharge of their duties as magistrates.
Referred to Committee on Urban and County Affairs.

HB 1064. By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to provide for the compensation of the judge of the Juvenile Court of Clayton County.
Referred to Committee on Urban and County Affairs.

HB 1065. By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the deposits for advance costs.
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 House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 650. Do pass as amended. HB 916. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

1954

JOURNAL OF THE SENATE

Mr. President:

The Committee on Higher Education 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 919. Do pass. HR 199. Do pass.

HR 218. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 366. Do pass. HB 483. Do pass by substitute. HB 615. Do pass.

HB 659. Do pass. HB 793. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 764. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary 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:

HR 171. Do pass. HB 64. Do pass.

HB 144. Do pass by substitute. HB 173. Do pass.

FRIDAY, MARCH 1, 1985

1955

HB 629. Do pass.

HB 907. 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 and resolution of the House and has instructed me to report back to the Senate with the following recommendations:

HB 712. HB 101. HB 474.

Do pass. Do pass. Do pass by substitute.

HR 189. HB 683. HB 313.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 940. 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 the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 165. Do pass. HB 425. Do pass.
Respectfully submitted,
Senator Timmons of the llth District, Chairman

1956

JOURNAL OF THE SENATE

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 180. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation 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 79. Do pass. HR 101. Do pass.

HR 235. Do pass. HR 236. 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 285. HB 312. HB 402. HB 468. HB 570. HB 582. HB 667. HB 670. HB 863. HB 877. HB 879. HB 881. HB 900.

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

HB 901. HB 902. HB 905. HB 909, HB 910. HB 920. HB 921. HB 931. HB 946. HB 955. HB 960. HB 961. HB 971.

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.

FRIDAY, MARCH 1, 1985

1957

HB 975. HB 989. HB 990. HB 997. HB 998.

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

HB 999. HB 1000. HB 1001. HB 1002.

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:

SR 190. By Senator Fincher of the 54th:
A resolution expressing support for the resolution of certain issues re garding prisoners of war and missing in action in Southeast Asia.

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.

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 125.

By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to require that each ad valorem tax bill must contain a notice to the taxpayer concerning the taxpayer's right to file a return for the next tax year and the effect of the failure to file a return.

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

1958

JOURNAL OF THE SENATE

registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms.

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

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 378.

By Representatives Randall of the 101st, Alien of the 127th, Dean of the 29th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of lease-purchase installment contracts for consumer goods.

HB 388.

By Representative Ross of the 82nd:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive di rector and employees of the commission and their membership in the State Merit System of Personnel Administration.

HB 407.

By Representatives Clark of the 55th, Richardson of the 52nd, Williams of the 48th and others:
A bill to amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county of this state having a population of 450,000 or more.

HB 409.

By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to

FRIDAY, MARCH 1, 1985

1959

specify general periods of time applicable to all taxes not otherwise ex pressly provided for.

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 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 501.

By Representative Dixon of the 151st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality.

HB 564.

By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-50 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes on wine; to establish excise taxes upon the first sale, use, or final delivery within this state of all table wines.

HB 584.

By Representative Benefield of the 72nd:
A bill to amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to amend Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or post ponements for attending meetings of the board of regents, so as to in clude attendance at meetings of the State Board of Education.

HB 590.

By Representative Murphy of the 18th:
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 provide that the sales and use tax shall not apply to certain items which

1960

JOURNAL OF THE SENATE

will be used by carriers who are both common carriers and contract carriers.

HB 601.

By Representative Bargeron of the 108th:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehi cles, so as to change the provisions, relating to recovery of judgments for damages resulting from accidents.

HB 624.

By Representatives Kilgore of the 42nd and Crosby of the 150th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collec tion of income tax at the source, so as to authorize the state revenue commissioner to promulgate rules and regulations setting out circum stances under which employers shall be required to submit to the com missioner copies of income tax withholding exemption certificates re ceived from their employees.

HB 632.

By Representative Connell of the 87th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of air ports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-320, which lands are located inside the territorial limits of the municipal ity, when leased to private parties are declared to be used for public purposes.

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 655.

By Representatives Heard of the 43rd, Murphy of the 18th, Dover of the 11th and others:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be heard by the commission itself; to provide that certain matters which have previ ously been decided on appeal by an employee of the commission may be further appealed to the commission itself.

FRIDAY, MARCH 1, 1985

1961

HB 703.

By Representative 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 authorize the commission to perform all terms, sat isfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement certain dispositions of real property.

HB 704.

By Representative Johnson of the 72nd:
A bill to amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or dis posed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the requirements of paragraph (4) of subsection (b) of Code Section 50-16-122 in certain enactments authoriz ing or directing a disposition of real property.

HB 709.

By Representative Galer of the 97th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to change the provisions relative to the definition of a proprietary school; to change the provisions relative to exemptions from the "Georgia Proprietary School Act".

HB 794.

By Representative Murphy of the 18th:
A bill to amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equalization grants.

HR 197.

By Representatives Phillips of the 120th and Porter of the 119th:
A resolution compensating Sheila J. and Kenneth A. Burns in the amount of $5,012.19.

HR 202.

By Representatives Dover of the 11th, Murphy of the 18th, Wood of the 9th and others:
A resolution commending John Ross and authorizing the placing of his portrait in the state capital building.

HR 203.

By Representatives Dover of the 11th, Childs of the 53rd, Murphy of the 18th and others:
A resolution commending George Guess and authorizing the placing of his portrait in the state capitol building.

1962

JOURNAL OF THE SENATE

HR 219.

By Representative Carter of the 146th:
A resolution authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County, and the School Board of Berrien County.

HR 220.

By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island 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, im provement, and replacement of a fishing pier to be built over, under, across, or through such state owned property.

HR 224.

By Representative Burruss of the 20th:
A resolution compensating Ms. Christine Carol Hamby in the amount of $2,600.00.

HR 275.

By Representatives Pannell of the 122nd, Kingston of the 125th and Triplett of the 128th:
A resolution authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall.

HR 276.

By Representatives Pinkston of the 100th, Walker of the 115th and Bol ster of the 30th:
A resolution relative to extension of federal solar energy tax credits.

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.

HB 64. By Representative Bray of the 91st:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution.

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.

FRIDAY, MARCH 1, 1985

1963

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.

HB 165.

By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions rela tive to the state official who serves as a member of the board.

HB 173.

By Representative Evans of the 84th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to assessment of costs of judi cial processes involving financial institutions, so as to provide that finan cial institutions shall have at least five business days in which to respond to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time.

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 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.

1964

JOURNAL OF THE SENATE

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.

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 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

HB 629.

By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge.

HB 650.

By Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relat ing to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met.

HB 659.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend Code Section 21-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates; so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers.

FRIDAY, MARCH 1, 1985

1965

HB 683.

By Representatives Cheeks of the 89th, Burruss of the 20th, Thompson of the 20th and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that aborted human fetuses be disposed of in a dignified and sanitary manner.

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 764.

By Representative Martin of the 26th:
A bill to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Funds.

HB 793.

By Representative Richardson of the 52nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, so as to change certain exceptions.

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

HB 916.

By Representatives Lane of the 111th, Reaves of the 147th, Oliver of the 121st and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Depart ment of Agriculture, so as to change the maximum amount of adminis trative penalties which may be imposed by the Commissioner of Agricul ture for violations of the "Georgia Food Act".

1966

JOURNAL OF THE SENATE

HB 919.

By Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund.

HB 940.

By Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd and others:
A bill to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competi tion and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years.

HR 79. By Representatives Dobbs of the 74th, Jackson of the 65th, Lane of the lllth and others:
A resolution requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implemen tation of a system for marking the location of fire hydrants by the place ment of blue reflective markings on state and county roads.

HR 101.

By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A resolution designating the Veterans Memorial Highway.

HR 171.

By Representatives Walker of the 115th, Groover of the 99th and Mur phy of the 18th:
A resolution creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission.

HR 189.

By Representatives Walker of the 115th and Chambless of the 133rd:
A resolution recommending and encouraging structured settlements and awards.

HR 199.

By Representatives Thomas of the 69th, Walker of the 115th, Copelan of the 106th and others:
A resolution providing for the erection of a historical marker at the site of the Toombs Oak on the campus of the University of Georgia.

FRIDAY, MARCH 1, 1985

1967

HR 218. By Representatives Robinson of the 58th, Childs of the 53rd, Mangum of the 57th and others:
A resolution relative to DeKalb Junior College being acquired by the Board of Regents of the University System of Georgia.

HR 235. By Representatives Lane of the 111th and Godbee of the 110th:
A resolution commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge.

HR 236. By Representatives Godbee of the 110th, Lane of the lllth and Chance of the 129th:
A resolution designating the Captain William Cone Bridge.

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

Allgood Baldwin Barker Bowen Bryant Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Holloway Huggins Kennedy Kidd McGill McKenzie Peevy

Those not answering were Senators:

Perry Ray Reddish Scott of 2nd Scott of 36th Starr
T1 d<1f1*C
Timmons Tolleson Trulock Turner Tysinger

Albert Barnes Bond Brannon Brantley Broun of 46th

Brown of 47th Burton Harrison Hine Horton Howard

Hudgins Land Langford Phillips Stumbaugh Walker

1968

JOURNAL OF THE SENATE

The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:

State of Georgia Office of the Governor
Atlanta 30334
March 1, 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 Freeman N. Poole of Clayton County as a member of the State Board of Polygraph Examiners, for the term of office beginning Febru ary 27, 1985 and ending July 15, 1990.
Honorable Wiley S. Bolden, Ed.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning February 14, 1985 and ending January 7, 1990.
Sincerely,
/s/ Joe Frank Harris

Senator Ray of the 19th introduced the chaplain of the day, Reverend John R. Bargeron, pastor of the First United Methodist Church, Eastman, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 215.

By Senators Allgood of the 22nd, Kennedy of the 4th, Gillis of the 20th and others:
A resolution commending the Honorable James L. Lester.

SR 216.

By Senators Harrison of the 37th, Brantley of the 56th, Barnes of the 33rd and Tolleson of the 32nd:
A resolution commending Mr. William H. Edwards.

FRIDAY, MARCH 1, 1985

1969

SR 217.

By Senators Harrison of the 37th, Brantley of the 56th, Barnes of the 33rd and Tolleson of the 32nd:
A resolution commending the Cobb County Community School Program.

SR 218. By Senator Dawkins of the 45th: A resolution commending Miss Kathryn Elizabeth Rixse.

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, March 1, 1985
THIRTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 272 Bryant, 3rd Reddish, 6th Glynn County
Amends Act placing sheriff of said county on an annual salary; changes provisions relating to automobiles for sheriff's office.

SB 274 Harrison, 37th Tolleson, 32nd Brantley, 56th Barnes, 33rd Cobb County
Amends Act creating board of commissioners; changes compensation provisions relating to members of board of commissioners; provides effec tive date.

SB 275 Harrison, 37th Tolleson, 32nd Brantley, 56th Barnes, 33rd Cobb County
Amends Act consolidating offices of tax collector and tax receiver into one office of tax commissioner; changes provisions relating to compensa tion of tax commissioner; provides an effective date.

SB 276 Harrison, 37th Tolleson, 32nd

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JOURNAL OF THE SENATE

Brantley, 56th Barnes, 33rd Cobb County
Amends Act changing compensation of clerk of superior court, sheriff, and judge of Probate Court from fee system to salary system; changes compensation of judge of clerk of Probate Court; provides an effective date.

*SB 278

Foster, 50th Dawson County
Amends Act creating office of commissioner; changes provisions relating to compensation of said commissioner. (AMENDMENT)

SB 279 Engram, 34th City of Union City Fulton County
Amends Act providing new charter for city; provides for appointment of an associate judge; provides for his powers, duties, and qualifications; provides for related matters; provides an effective date.

SB 280 Cobb, 28th City of Senoia Coweta County
Amends Act reincorporating city and providing new charter for said city; changes corporate limits of said city.

SB 281 Foster, 50th Dawson County
Amends Act creating Etowah Water and Sewer Authority; changes pro visions relating to issuance of revenue bonds by Authority.

SB 282 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; provides exceptions; provides for related matters.

SB 283 Harrison, 37th City of Woodstock Cobb County
Amends Act re-creating and reincorporating city; changes corporate boundaries.

FRIDAY, MARCH 1, 1985

1971

SB 284 Bowen, 13th City of Byromville Dooly County
To create new charter for Town of Byromville, Ga.; provides for incorpo ration, powers, and boundaries; provides for governing authority; provides for mayor and council; provides for administration; provides for a re corder's court of such town; provides for elections; provides for financial and fiscal affairs.

SB 286 Tolleson, 32nd City of Smyrna Cobb County
Amends Act creating new charter; provides for terms of office of mayor and councilmen; provides for referendum; provides an effective date.

HB 536 Dean, 31st Hine, 52nd Bartow County
Amends Act creating office of tax commissioner; changes compensation of tax commissioner.

HB 813

Kidd, 25th City of Ivey Wilkinson County
Amends Act creating and establishing charter for Town of Ivey; changes election procedures to conform to general law.

HB 814 Kidd, 25th City of Irwinton Wilkinson County
Amends Act incorporating Town of Irwinton and granting charter to said town; changes name of municipal corporation to the City of Irwinton; provides for appointment of chief of police.

HB 893

Brown, 47th City of Royston Counties of Franklin, Hart, Madison
Creates and incorporates city in counties and grants new charter to that municipality under such corporate name and style.

HB 894 Brown, 47th Madison County
Continues amendment which relates creation, powers, authority, funds, purposes, and procedures of Madison County Industrial Development and Building Authority.

1972

JOURNAL OF THE SENATE

HB 895 Brown, 47th Madison County
Continues amendment which relates to election, qualification, and terms of office of members of Board of Education.

HB 897

Brown, 47th Madison County
Amends Act abolishing present mode of compensating clerk of superior court, judge of probate court, tax commissioner, and coroner, known as fee system, and provides in lieu thereof annual salaries for such officers; changes compensation of clerk of superior court, judge of probate court and tax commissioner.

HB 898 Brown, 47th Madison County
Amends Act abolishing present mode of compensating sheriff, known as fee system, and providing in lieu thereof annual salaries for said officer; changes compensation of sheriff.

HB 899

Brown, 47th Madison County
Provides for membership of Madison County Industrial Development and Building Authority.

HB 903

Brown, 47th Madison County
Amends Act creating board of commissioners of Madison County; pro vides for salaries and expenses of chairman and board members; provides for car or truck for chairman and foreman of public works.

HB 927

Barker, 18th Houston County
Continues amendment which provided that in said county, in addition to county seat, branch offices may be established by the governing authority of county for conduct of county business and by board of education for conduct of matters pertaining to education.

HB 928

Barker, 18th Houston County
Continues amendment which authorized board of education of said county to make grants for purpose of education or training certain handi capped citizens.

FRIDAY, MARCH 1, 1985

1973

HB 929 Barker, 18th Houston County
Continues amendment which authorized General Assembly to create spe cial court in said county.

HB 930

Barker, 18th Houston County
Continues amendment which created Houston County Development Au thority.

HB 937 Hine, 52nd City of Rome Floyd County
Continues amendment which relates to creation of Rome-Floyd County Development Authority and provisions for its powers, authorities, funds, purposes, and procedures connected therewith.

HB 959 English, 21st Screven County
Reincorporates and provides new charter for City of Oliver.

The amendment to the following bill was put upon its adoption:

*SB 278:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 278 by striking from line 19 of Page 1 the following: "$22,000.00",
and inserting in its place the following: "$22,610.00".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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

1974

JOURNAL OF THE SENATE

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 Baldwin Barker Bowen Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Garner Gillis Greene Harris Hine Holloway Horton Huggins Kennedy Kidd Land

Those not voting were Senators:

McGill McKenzie Peevy Phillips Ray Scott of 2nd Scott of 36th Timmons Tolleson Trulock Turner Tysinger

Albert Barnes (excused conferee) Bond Brannon Brantley Burton

Coleman Foster (excused conferee) Harrison Howard Hudgins Langford

Perry Reddish Starr (excused conferee) Stumbaugh Tate Walker

On the passage of all the local bills, the yeas were 38, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 278, having re ceived the requisite constitutional majority, were passed.

SB 278, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR Friday, March 1, 1985
THIRTY-SIXTH LEGISLATIVE DAY
HB 783 State Auditor's Personnel Report--copy not required for General As sembly (Gov Op--25th)
HB 776 Legislative Services Committee--provisions on legislative area repair, construction (Judy--49th)

FRIDAY, MARCH 1, 1985

1975

HB 761 Tax Collector as Ex Officio Sheriff--exceptions to requirement of written consent (Gov Op--25th)
HB 507 Vehicle Transporting Hazardous Materials--Public Service Commis sion promulgate safety regulations (Nat R--18th)
HB 430 Cities, Counties--additional redevelopment powers (U&CA G--8th)
HB 171 Secretary of State--provide for investigatory authority and subpoena power (Judy--52nd)
HB 188 County Run-Off Primary--provisions for opening only one polling place (AMENDMENT) (Gov Op--25th)
HB 436 Department of Administrative Services--lease contracts for adminis trative space to be constructed (Gov Op--25th)
SR 187 Packaging, Transporting Hazardous Materials--urge Congress to strengthen laws (Nat R--49th)
HB 692 Flat-Bed Motor Vehicle Carrier--not carry load over sixty-five feet (Trans--47th)
HB 220 Motor Vehicle Without Emission Controls--provisions for sale (Trans--1st)
HB 314 Real Estate Commission Appointments--no approval by Secretary of State required (I&L--45th)
HB 56 Surplus Line Broker Licensure--bonds to be executed (Ins--55th)
HB 543 Medicaid Fraud--Medical Assistance Department take certain ac tions (J&CL--26th)
SR 173 Amtrak--urge Congress continue sufficient funding (Trans--18th)
HB 491 Merit System--no quadrennial operational audits (Gov Op--25th)
HB 301 School Bus--driver record information when vehicle overtakes stopped bus (Pub Saf--28th)
HB 277 State Archeologist--advise Department of Natural Resources of con tractual agreements (Nat R--21st)
HB 362 State Patrol--change provisions on clothing allowance for personal security (SUBSTITUTE) (Pub Saf--28th)
HB 221 Motor Vehicle Without Emission Controls--no title from Revenue Commissioner (Trans--1st)
HB 157 Jury List--person 70 years of age may request removal of name (J&CL--33rd)
SR 189 Child Abuse Court Cases--urge Supreme Court develop rules on handling (J&CL--33rd)
HB 69 Time-Share Act--change content of public offering statements (ED&T--37th)
HB 13 Cancer Advisory Committee--change membership (SUBSTITUTE) (Hum R--42nd)
HB 679 Barbering--change requirements for licensing (SUBSTITUTE) (Gov Op--25th)
HB 83 Homicide of Child--actions to recover full value of life (Judy--49th)

1976

JOURNAL OF THE SENATE

HB 737 Chatham County State Court--repeal Act on advance deposit to ward costs (Judy--1st)
HR 11 House Teenage and Youth Unemployment Study Committee--create (AMENDMENT) (Rules--12th)
HB 643 Athletic Trainers--to whom licenses may be granted (Gov Op--25th)
HB 266 Unemployment Payments--benefit denial education employees cer tain times (I&L--28th)
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 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.
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:

Baldwin Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Garner Gillis Greene Harris Hine Holloway

Horton Kennedy Kidd Land McGill McKenzie Peevy Phillips Ray Scott of 2nd Scott of 36th Stumbaugh

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1977

Tate Timmons

Tolleson Turner

Tysinger

Those not voting were Senators:

Albert Allgood Barnes (excused conferee) Brantley Foster (excused conferee)

Harrison Howard Hudgins Huggins Langford Perry

Reddish Starr (excused conferee) Trulock Walker

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

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

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

SB 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 House amendment was as follows:

Amend SB 94 by adding on Page 8 after line 9 a new paragraph as follows:
"(q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time application for license is received."

Senator Bryant of the 3rd moved that the Senate agree to the House amendment to SB 94.

On the motion, 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 Baldwin Barker Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Garner Gillis Greene Harris Hine Holloway Horton Kennedy

Those not voting were Senators:

Allgood Barnes (excused conferee) Brannon Brantley Foster (excused conferee)

Harrison Howard Hudgins Huggins Langford Perry Reddish

Kidd Land McGill McKenzie Peevy Phillips Ray Scott of 2nd Scott of 36th Tate Tolleson Turner Tysinger
Starr (excused conferee) Stumbaugh Timmons Trulock Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 94.

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

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.

Senator Kennedy of the 4th moved that the Senate insist upon the Senate substi tute to HB 226.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 226.

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

FRIDAY, MARCH 1, 1985

1979

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 House substitute to SB 68 was as follows:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit absentee voters who perma nently reside overseas to apply for absentee registration by post card; to de lete the provision which gives certain municipal electors credit for voting when no election is held for lack of opposed candidates; to increase the time period during which a voter may apply for an absentee ballot; to require that absentee ballots be prepared at least 30 days prior to any primary or election; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subparagraph (b)(2)(A) of Code Section 21-2-217, relating to post card application for absentee registration, and in serting in lieu thereof a new subparagraph (A) to read as follows:
"(A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas and will be absent from his county of residence until after the time for registering for an ensuing primary or election may make proper application for absentee registration on the official post card provided for by the Federal Voting Assistance Act of 1955, as amended."
Section 2. Said title is further amended by repealing subsection (d) of Code Section 21-2-231, relating to the credit for voting which is given to certain municipal electors when no election is held for lack of opposed can didates, which reads as follows:
"(d) If the county is furnishing the electors list to a municipality, each elector in the municipality shall be given credit for having voted when no election has been held due to all candidates being unopposed."
Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 21-2-381, relating to the time period during which a voter may apply for an absentee ballot, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Not more than 120 days prior to the date of the primary or

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election, or runoff of either, in which the elector desires to vote, any ab sentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elec tor's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain suffi cient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elec tor wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary out-of-county address of the elector. Rela tives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligi ble absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States or a spouse or de pendent of a member of the armed forces or the merchant marine resid ing with or accompanying said member or overseas citizen, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Fur ther, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee bal lot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provi sions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 120 days of a primary or election in which the registrant is enti tled to vote, shall be considered to be an application for an absentee bal lot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate."
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to the time period by which absentee ballots shall be prepared, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 30 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official ab sentee ballots, envelopes, and other supplies as required by this article, to

FRIDAY, MARCH 1, 1985

1981

the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as addi tional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a pe riod of five days prior to the primary or election and whose mailing ad dress is located over 300 miles from the main office of the board of regis trars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor."
Section 5. Said title is further amended by striking subsection (a) of Code Section 21-2-414, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspa per, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such pol ling place is established, whichever distance is greater."
Section 6. Said title is further amended by striking subsection (a) of Code Section 21-3-321, relating to restrictions on campaign activities within the vicinity of a polling place, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No persons shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspa per, booklet, pamphlet, card, sign, or any other written or printed matter of any kind nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such pol ling place is established, whichever distance is greater."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 68.

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal English

Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd Land

Those not voting were Senators:

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

Albert Barnes (excused
conferee) Bowen Brantley Dean

Foster (excused conferee) Howard Hudgins Langford

Perry Reddish Starr (excused conferee) Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 68.

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

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.

Senator Barker of the 18th moved that the Senate insist upon the Senate amend ment to HB 592.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 592.

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

FRIDAY, MARCH 1, 1985

1983

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 House amendment was as follows:
Amend SB 108 by striking from Section 1, beginning on line 18 of Page 6 and continuing through line 22, the following:
"Superior courts of this state shall have authority to grant tempo rary restraining orders within their discretion and permanent injunctions upon proof of a prima-facie case of violation of this article."
Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 108.
On the motion, 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 Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd Land

Those not voting were Senators:

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

Barnes (excused conferee) Bryant Foster (excused conferee)

Howard Hudgins Langford Reddish

Starr (excused conferee) Tate

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JOURNAL OF THE SENATE

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 108.

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

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.

The House substitute to SB 260 was as follows:

A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate limits of said city; 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 certain city offices; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a new charter for the City of Milledge ville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is amended by adding at the end of Section 3 the following:
"In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described tract of land shall be included within said corporate limits:
All that tract of land situate, lying and being in the 318th G.M.D. of and in Baldwin County, Georgia known as the right-of-way of U.S. Highway #441 beginning at a point where the present corporate limits of the City of Milledgeville, as established on May 14, 1974, intersects with the eastern right-of-way boundary line of U.S. Highway #441 and the western boundary line of that certain property presently owned by Jone Herrin Wade. Said Point of Beginning is identified and designated as the Point of Reference on that certain plat entitled 'Proposed Annexation Plat for City of Milledgeville', dated February 1, 1985, prepared by James E. Smith, Jr., Georgia Registered Land Surveyor No. 1895, Ogletree, Smith & Associates, recorded in the Office of the Clerk of Superior Court of Baldwin County, Georgia, in Plat Book II, Pages 292-293.
From the Point of Beginning thence running S 81 26' 22" W a

FRIDAY, MARCH 1, 1985

1985

distance of 150.00 feet; thence running in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. High way #441, a distance of 349.93 feet (identified as Curve #3 on the afore mentioned plat); thence running S 88 15' 13" W a distance of 15.00 feet; thence running in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 206.28 feet (identified as Curve #4 on the aforementioned plat); thence running S 87 44' 28" E a distance of 15.00 feet; thence running N 04 25' 00" E a distance of 955.50 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 1025.00 feet (identi fied as Curve #7 on the aforementioned plat); thence running N 16 38' 00" W a distance of 966.10 feet; thence continuing in a northerly direc tion along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 658.52 feet (identified as Curve #10 on the aforementioned plat); thence running N 10 08' 00" W a distance of 2146.30 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 656.86 feet (identified as Curve #14 on the aforemen tioned plat); thence running N 20 11' 00" W a distance of 1259.20 feet; thence continuing in a northerly direction along an arc forming part of the western boundary line of U.S. Highway #441 a distance of 734.78 feet (identified as Curve #15 on the aforementioned plat); thence running N 16 32' 00" W a distance of 2182.70 feet; thence continuing in a northerly direction along an arc forming part of the western right-of-way boundary line of U.S. Highway #441 a distance of 583.39 feet (identified as Curve #19 on the aforementioned plat); thence running N 76 21' 53" E a distance of 150.00 feet; thence running in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 575.81 feet (identified as Curve #20 on the aforementioned plat); thence running S 16 32' 00" E a distance of 2182.70 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 725.22 feet (identified as Curve #16 on the aforemen tioned plat); thence running S 20 11' 00" E a distance of 1259.20 feet; thence continuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 683.17 feet (identified as Curve #17 on the aforementioned plat); thence running S 10 08' 00" E a distance of 2146.30 feet; thence con tinuing in a southerly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 641.50 feet (identified as Curve #11 on the aforementioned plat); thence running S 16 38' 00" E a distance of 966.10 feet; thence continuing in a south erly direction along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 1080.11 feet (identi fied as Curve #8 on the aforementioned plat); thence running S 04 25' 00" W a distance of 955.50 feet; thence continuing in a southerly direc tion along an arc forming part of the eastern right-of-way boundary line of U.S. Highway #441 a distance of 631.91 feet (identified as Curve #6 on the aforementioned plat) to the Point of Beginning.

The tract of land described herein is the same tract of land being more particularly described and identified on the aforementioned plat re-

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corded in the Office of the Clerk of the Superior Court of Baldwin County, Georgia, in Plat Book II, Pages 292-293."
Section 2. Said Act is further amended by striking in its entirety sub section (b) of Section 21A and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) To nominate the following officers and officials of the City of Milledgeville, who shall serve for a term of office of four years each fol lowing their confirmation by a vote of four aldermen:
(1) clerk and treasurer;
(2) chief of police;
(3) chief of the fire department;
(4) all city department heads;
(5) city recorder; and
(6) city attorney.
Provided, however, that such officers and officials shall serve at the pleas ure of the mayor and may be removed by the mayor during such term of office. Upon a vacancy occurring in any of the offices listed in this sub section, the mayor shall nominate a person to fill such vacancy, and such person shall serve for the remainder of the unexpired term following con firmation by a vote of four aldermen."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 2 of this Act shall become effective on January 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 260.

On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 260.

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

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

FRIDAY, MARCH 1, 1985

1987

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.

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

Deal Dean English Engram Fincher Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd Land

Those not voting were Senators:

McGill McKenzie
Peevy Perry Phillips Ray Scott of 36th Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Barker Barnes (excused conferee) Foster (excused conferee)

Garner Howard
Hudgins Kennedy (presiding) Langford

Reddish Scott of 2nd Starr (excused
conferee) Tolleson

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

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

1988

JOURNAL OF THE SENATE

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

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 House amendment was as follows:

Amend SB 133 by adding the following: "(d) The Stone Mountain Memorial Association shall continue the
practice of stocking, re-stocking and sales of Confederate memorabilia."
Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 133.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond B we " Brantley Broun of 46th BBrroywannt of 47th
Burton
Cobb
Coverdell
Dawkins

Dean English Engram Gillis Greene Harris Harnson Hine HHoolrltoown ay
Huggins
Kidd
Land
McGill

McKenzie Peevy Perry Phillips Rav Scott of 36th c* u u Stumbaugh T* iamtemons
Tolleson
Trulock
Turner
Tysinger

Voting in the negative was Senator Walker.

Those not voting were Senators:

Barnes (excused conferee) Brannon Coleman

Deal Fincher Foster (excused conferee)

Garner Howard Hudgins

FRIDAY, MARCH 1, 1985

1989

Kennedy (presiding) Langford

Reddish Scott of 2nd

Starr (excused conferee)

On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 133.

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

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.

Senator Hine of the 52nd moved that the Senate recede from the Senate substitute to HB 542.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Garner Gillis Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

Those not voting were Senators:

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

Albert Barnes (excused conferee) Brannon Coverdell Dean

Foster (excused conferee) Greene Howard Kennedy (presiding) Langford

Reddish Starr (excused conferee) Timmons Trulock

1990

JOURNAL OF THE SENATE

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 542.

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

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.

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

Dean English Engram Fincher Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Those not voting were Senators:

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

Barnes (excused conferee) Brannon Foster (excused conferee)

Greene Kennedy (presiding) Langford Reddish

Starr (excused conferee) Timmons

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

FRIDAY, MARCH 1, 1985

1991

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

HB 507.

By Representative Watson of the 114th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions generally with respect to public utilities and public transportation, so as to change the definition of the term "pri vate carrier"; to provide that certain motor vehicles which transport haz ardous materials shall be subject to certain safety regulations promul gated by the Public Service Commission.

Senate Sponsor: Senator Barker of the 18th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd

Those not voting were Senators:

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

Barnes (excused conferee) Bond Brannon Coleman Foster (excused conferee)

Garner Hudgins Kennedy (presiding) Land Langford

McKenzie Reddish Starr (excused conferee) Timmons

On the passage of the bill, the yeas were 42, nays 0.

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

1992

JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kidd

Land McGill Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Barnes (excused conferee) Brannon Foster (excused
conferee)

Howard Hudgins Kennedy (presiding) Langford
McKenzie

Reddish Starr (excused
conferee) Timmons

On the passage of the bill, the yeas were 43, nays 2.

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

Senator Burton of the 5th introduced two doctors of the day: Dr. Jacqueline Garringer, of Decatur, Georgia, and Dr. J. R. B. Hutchinson, of Tucker, Georgia.

FRIDAY, MARCH 1, 1985

1993

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

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.

The House amendments were as follows:

Amendment No. 1:

Amend SB 139 by striking from line 6 of Page 1 the following: "to authorize".
By striking lines 7 through 9 of Page 1. By striking from line 10 of Page 1 the following:
"cosmetologists;" By striking the colons from line 18 of Page 1 and line 9 of Page 2 and inserting in their place a comma. By striking from line 19 of Page 1 the following:
"(1)".
By striking from line 25 of Page 1 the following: "; and",
and inserting in its place the following:

By striking lines 26 and 27 of Page 1 and lines 1 through 4 of Page 2. By striking from line 10 of Page 2 the following:
"(1)".
By striking on line 16 of Page 2 the following: "; and",
and inserting in its place the following:

1994

JOURNAL OF THE SENATE

By striking lines 17 through 23 of Page 2.

Amendment No. 2:

Amend SB 139 by adding on line 6 of Page 1 after the following:
"registered",
the following:
"or being otherwise subject to certain regulation".
By adding on line 23 of Page 1 and on line 14 of Page 2 after the following:
"chapter",
the following:
", or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter,".

Senator Engram of the 34th moved that the Senate agree to the House amend ments to SB 139.

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Garner Gillis Harris Harrison Hine Horton Howard Huggins Kidd Land

McGill Peevy Perry Phillips Ray Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes (excused conferee)

Brannon Coverdell

Foster (excused conferee) Greene

FRIDAY, MARCH 1, 1985

1995

Holloway Hudgins Kennedy (presiding)

Langford McKenzie Reddish

Scott of 2nd Starr (excused conferee)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 139.

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 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.

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 Bond
Bowen oBrraonutnleoy,f 4A6Mth BBrrovwannt of 47th Burton Cobb Coverdell Dawkins Deal

Dean English Fincher Garner
Gillis G,,reen. e "Haarrnnsson Hine Huggins Kidd Land McGill

Those not voting were Senators:

Peevy Perry Phillips Ray
Scott of 36th Stumbaug6h TTiamtemons Tolleson Trulock Turner Tysinger Walker

Barker Barnes (excused conferee) Brannon

Coleman Engram Foster (excused conferee)

Holloway Horton Howard

1996

JOURNAL OF THE SENATE

Hudgins Kennedy (presiding) Langford

McKenzie Reddish Scott of 2nd

Starr (excused conferee)

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

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

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.

Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 188 by striking from the title on line 5 of Page 1 the word "shall" and inserting in lieu thereof the word "may".
By striking from Section 1 on line 21 of Page 1 the word "shall" and inserting in lieu thereof the word "may".
By striking from Section 1 on line 15 of Page 2 the word "shall" and inserting in lieu thereof the word "may".
By striking from Section 1, beginning on line 22 of Page 2, the following:
"In any case to which this Code section applies",
and inserting in lieu thereof the following:
"In any case in which only one polling place is to be utilized pursu ant to this Code section".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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

FRIDAY, MARCH 1, 1985

1997

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond
nBBrroowunn oofff 4*46t7tthuh Bryant Burton Cobb Coleman Coverdell Dawkins

Dean English Engram Garner Gillis
HHaarrrriisson Hine Holloway Howard Huggins Kidd Land

McGill Peevy Perry Phillips R
SSc-ct.uomtt buOafug3h6uth Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Deal and Tate.

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon Fincher Foster (excused conferee)

Horton Hudgins Kennedy (presiding) Langford McKenzie

Reddish Scott of 2nd Starr (excused conferee)

On the passage of the bill, the yeas were 41, nays 2.

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

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.

Senate Sponsors: Senators Kidd of the 25th and Dean of the 31st.

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

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

1998

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

Dean English Engram Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd

Those not voting were Senators:

Land McGill McKenzie Peevy Phillips Ray Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Barnes (excused conferee) Bowen Brannon Dawkins Fincher

Foster (excused conferee) Hudgins Kennedy (presiding) Langford Perry

Reddish Scott of 2nd Starr (excused conferee) Trulock

On the passage of the bill, the yeas were 42, nays 0.

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

SR 187.

By Senators Deal of the 49th, Burton of the 5th and Peevy of the 48th:
A resolution urging the Congress of the United States to strengthen fed eral laws pertaining to the packaging and transportation of hazardous materials and to provide a federal and state partnership role to enforce federal regulations promulgated under such laws.

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

Bond Brantley Broun of 46th

Brown of 47th Bryant Burton

FRIDAY, MARCH 1, 1985

1999

Cobb Coleman Coverdell Dawkins Deal Dean Engram Fincher Garner Gillis Greene

Harris Harrison Hine Holloway Howard Huggins Kidd Land McGill McKenzie Peevy

Those not voting were Senators:

Phillips Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Albert Barnes (excused cBoonwfeernee)
Brannon English

Foster (excused conferee) HHuodrtgoinns
Kennedy (presiding) Langford

Perry Reddish Ms arr /teexxcciulsseedd
conferee) Trulock

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

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

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.

Senate Sponsor: Senator Brown of the 47th.

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

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 Bowen

Brannon Brantley Broun of 46th Brown of 47th Burton

Cobb Coleman Coverdell Dawkins Deal

2000

JOURNAL OF THE SENATE

Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine

Holloway Horton Howard Huggins Kidd Land Langford McGill McKenzie Peevy

Those not voting were Senators:

Phillips Ray Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Barnes (excused conferee)
Bond Bryant
Foster (excused conferee)

Hudgins Kennedy (presiding)
Perry Reddish

Scott of 2nd Starr (excused
conferee) Walker

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

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

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.

Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Brantley

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

Coverdell Dawkins Deal Engram Fincher Garner

FRIDAY, MARCH 1, 1985

2001

Gillis Greene Harris Harrison Hine Holloway Howard Hudgins

Huggins Kidd Land McGill McKenzie Peevy Perry

Those voting in the negative were Senators:

Bowen

Phillips

Those not voting were Senators:

Ray Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger
Trulock

Barnes (excused conferee) Bond Dean English Foster (excused conferee)

Horton Kennedy (presiding) Langford Reddish Scott of 2nd

Starr (excused conferee) Timmons Walker

On the passage of the bill, the yeas were 40, nays 3.

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

HB 314.

By Representative Johnson of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to pro vide for editorial revision; to define certain terms; to delete the require ment of approval by the Secretary of State of appointments to the Geor gia Real Estate Commission.

Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb

2002

JOURNAL OF THE SENATE

Coverdell Dawkins Deal Dean English Engram Fincher Gillis Greene Harris Harrison

Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy

Those not voting were Senators:

Perry Phillips Ray Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger

Barnes (excused conferee) Bond Coleman Foster (excused conferee)

Garner Holloway Kennedy (presiding) Reddish Scott of 2nd

Starr (excused conferee) Timmons Walker

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

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

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.
Senate Sponsors: Senators Stumbaugh of the 55th and McKenzie of the 14th.

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

Albert Allgood Baldwin Barker Bowen Brannon
Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb Coleman
Coverdell

Dawkins Deal Dean English Engram Fincher
Garner

FRIDAY, MARCH 1, 1985

2003

Gillis Greene Mine Holloway Horton Howard Hudgins Huggins

Kidd Land Langford McGill McKenzie Peevy Perry Phillips

Those not voting were Senators:

Ray Scott of 36th Stumbaugh Tolleson Trulock Turner Tysinger

Barnes (excused conferee) Bond Foster (excused conferee)

Harris Harrison Kennedy (presiding) Reddish Scott of 2nd

Starr (excused conferee) Tate Timmons Walker

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

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

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.

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 Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Garner Gillis Greene Harrison Hine Holloway Horton

2004

JOURNAL OF THE SENATE

Howard Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh

Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes (excused conferee) Fincher Foster (excused conferee)

Harris Hudgins Kennedy (presiding) Reddish

Starr (excused conferee) Walker

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

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

SR 173.

By Senator Barker of the 18th:
A resolution urging the Congress of the United States to continue suffi cient funding for Amtrak.

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

Deal English Engram Gillis Greene Harrison Hine Holloway Horton Kidd Land Langford McGill

McKenzie Peevy Perry Ray Scott of 2nd Scott of 36th Tate Timmons Tolleson Trulock Turner Tysinger Walker

FRIDAY, MARCH 1, 1985

2005

Those voting in the negative were Senators:

Coverdell

Garner

Those not voting were Senators:

Phillips

Barker Barnes (excused cBornafnenroene)
Dean
Fincher

Foster (excused conferee) HHoarwriasrd
Hudgins
Huggins

Kennedy (presiding) Reddish S<?,t. arr (,eXCUSed,
conferee)
Stumbaugh

On the adoption of the resolution, the yeas were 39, nays 3.

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

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.

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 Bowen
Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean English Engram Garner
Greene Harrison Hine Holloway Horton Kidd Langford

McGill Peevy Perry Phillips
Scott of 361 Stumbaugh Tolleson Trulock Turner Tysinger Walker

2006

JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes (excused conferee)
DOnd
Broun of 46th
CFionlcehmearn
Foster (excused conferee)

Harris Howard
Uu,4nlnc
" UdgmS
K"^enSne1"d8y (presiding)
Land McKenzie

Reddish Scott of 2nd
Starr (excused c"omnfcerreeec); Tate Timmons

On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Cobb of the 28th.

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

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

Those voting in the affirmative were Senators:

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

Dawkins Deal Dean Engram Garner Gillis Greene Harrison Hine Holloway Horton Howard Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

FRIDAY, MARCH 1, 1985

2007

Those not voting were Senators:

Albert Ens 1 ' 511
Foste^ (excused conferee)

Harris Hudgins
Kennedy (presiding) McKenzie

Reddish Starr (excused
conferee) Tate

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

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

HB 277.

By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Offi cial Code of Georgia Annotated, relating to the preservation and promo tion of historic areas, so as to provide for administrative and judicial re view of certain orders and actions of the Department of Natural Resources; to amend the duties of the state archeologist.
Senate Sponsor: Senator English of the 21st.

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

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 j*owen Rra" % AM BBruorutonn of 46th
Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Gillis Sfeene HHianrenson
Holloway Horton Huggins Kidd Langford

McGill McKenzie Peevy Rav Scott Qf 2nd Scott of 36th 0Stu.m1b.a1ug.h
Tate Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators Perry and Phillips.

Those not voting were Senators:

Barker Barnes (excused conferee)

Brannon Brown of 47th Bryant

Foster (excused conferee)

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JOURNAL OF THE SENATE

Garner Harris Howard Hudgins
Kennedy (presiding)

Land Reddish
Starr (excused conferee)

Timmons Walker

On the passage of the bill, the yeas were 38, nays 2.

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

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.
Senate Sponsor: Senator Cobb of the 28th.

Senator Cobb of the 28th offered the following substitute to HB 362:

A BILL
To be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division of the Georgia State Patrol assigned per manently to personal security or special duty assignments; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Investi gation; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Sec tion 35-2-52 in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows:
"35-2-52. The commissioner, at his discretion and subject to availa ble funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the members are permanently assigned to per sonal security or special duty assignments which necessitate those mem bers wearing clothing other than the uniform of the Uniform Division. The amount of the funding will be identified as to the reimbursement rate for the clothing allowance in the appropriations Act each fiscal year."
Section 2. Said title is further amended by striking Code Section 35-3-

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2009

12 in its entirety and inserting in lieu thereof a new Code Section 35-3-12 to read as follows:
"35-3-12. (a) The bureau is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bu reau. The bureau and the injured party shall together ascertain the cor rectness of all bills presented. No payments shall be made without the approval of the bureau.
(b) The director of investigation, at his discretion and subject to available funds, shall be authorized to pay to agents of the bureau a clothing allowance in an amount equal to the clothing allowance provided for certain members of the Uniform Division of the Georgia State Patrol as provided in Code Section 35-2-52."
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 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
B*onwdc ?
Brantley Broun of 46th Brown of 47th Bryant 3urton Cobb Coleman Coverdell Dawkins

Deal Dean Engram Fincher
GGialrlinser
Harrison ... "'"f Holloway Horton Howard Huggins Kidd Langford

McGill McKenzie Peevy Perry
PRhaiyllips
Scott of 2nd ,,, , Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

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Those not voting were Senators:

Barnes (excused conferee) Brannon
English Foster (excused conferee)

Greene Harris Hudgins
Kennedy (presiding) Land

Reddish Scott of 36th Starr (excused
conferee) Walker

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

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

HB 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.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker
Bond B/antley Broun of 46th Brown of 47th BBruyrtaonnt Cobb
Coleman
Coverdell Dawkins
Deal

Dean Engram Garner Gillis Greene Harrison
H,,ol,,loway Horton Howard Huggins Kidd Langford

McGill McKenzie Peevy
Perry Ray Scott of 2nd Stumbaugh ,,Tatte 6 Timmons
Tolleson
Trulock Turner
Tysinger

FRIDAY, MARCH 1, 1985

2011

Voting in the negative was Senator Phillips. Those not voting were Senators:

Albert Barnes (excused conferee)
Bowen Brannon English

Fincher Foster (excused conferee) Harris Hudgins Kennedy (presiding)

Land Reddish Scott of 36th Starr (excused conferee) Walker

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

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

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.

Senate Sponsors: Senators Barnes of the 33rd and 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 Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Dean

English Engram Fincher Garner Gillis Greene Harrison Mine Holloway Horton Huggins Kidd Land Langford McGill

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

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Voting in the negative was Senator Tate.

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon
Deal

Foster (excused conferee) Harris Howard
Hudgins

Kennedy (presiding)

Reddish

_, ,

.

Starr (excused

conferee)

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

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

SR 189. By Senators Barnes of the 33rd, Scott of the 2nd, Hudgins of the 15th and Kidd of the 25th:
A resolution urging the Supreme Court, through the Judicial Council of the State of Georgia and the Administrative Office of the Courts, to de velop and promulgate rules and regulations concerning the handling of court cases involving child abuse.

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 Bryant Burton Cobb Coleman Coverdell Dawkins

Dean English Engram Fincher Gillis Greene Harrison Hine Howard Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Walker

FRIDAY, MARCH 1, 1985

2013

Those not voting were Senators:

Barnes (excused conferee) Brannon Brown of 47th Deal Foster (excused
conferee)

Garner Harris Holloway
Horton Hudgms Kennedy (presiding)

Reddish
Starr (excused conferee) Trulock
Tysinger

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

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

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.
Senate Sponsor: Senator Harrison of the 37th.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins

Dean Fincher Gillis Greene Harrison Hine Holloway Horton Huggins Kidd Langford McGill McKenzie

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

Those not voting were Senators:

Albert Barnes (excused conferee) Brannon
Coverdell

Deal English Engram Foster (excused
conferee)

Garner Harris
Howard Hudgins

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Kennedy (presiding)
Land Reddish

Starr (excused conferee)

Trulock

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

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

Senator Tysinger of the 41st introduced Dr. Joseph Pettit, President of the Geor gia Institute of Technology, who, having been invited to appear before the General Assembly by HR 175, previously adopted, briefly addressed the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Phillips of the 120th and Burruss of the 20th.
The House has disagreed to the Senate substitute to the following bill of the House:

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.

The House adheres to 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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2015

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.

The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Bolster of the 30th and Oliver of the 1st.

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

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

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

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.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Human Resources offered the following substitute to HB 13:

A BILL To be entitled an Act to amend Code Section 31-15-3 of the Official

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Code of Georgia Annotated, relating to membership of the Cancer Advisory Committee, so as to change the membership thereof and provide for terms and qualifications of members; to provide effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-15-3 of the Official Code of Georgia Anno tated, relating to membership of the Cancer Advisory Committee, is amended by striking that Code section and inserting in its place the following:
"31-15-3. (a) The Governor shall appoint a Cancer Advisory Com mittee to advise the department in the administration of this chapter. The committee shall establish priorities and recommend relative budgets for the various purposes of this chapter as described below.
(b) The Cancer Advisory Committee shall consist of 18 members appointed by the Governor as follows:
(1) Four members representing medical schools as follows: The term of office of those two members appointed from a list of names submitted to the Governor by the deans of the medical schools located within this state, which members are serving as such on June 30, 1985, shall expire on that date and upon the appointment and qualification of the first two members appointed by the Governor in 1985 pursuant to this paragraph. On and after July 1, 1985, four membership positions on the committee shall represent the four medical schools, whether public or private, lo cated within this state. The deans of those schools shall each submit to the Governor a list of three names and the Governor shall appoint one member from each of those four lists;
(2) Two members shall be appointed by the Governor from a list of six names submitted to him by the chief executive officers of the hospitals or cancer clinics located within Georgia which are equipped to provide modern treatment for patients suffering from cancer;
(3) Two members shall be appointed by the Governor from a list of six names submitted to him by the Medical Association of Georgia;
(4) Two members shall be appointed by the Governor from a list of six names submitted to him by the American Cancer Society, Georgia Division;
(5) The term of office of the two members appointed from the list of names submitted to the Governor by the Georgia Cancer Management Network, Inc., shall expire upon July 1, 1985, and such two membership positions shall thereafter be abolished;
(6) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Claims Association and the Georgia Chapter of the Health Insurance Association of America;
(7) One member shall be appointed by the Governor from a list of

FRIDAY, MARCH 1, 1985

2017

three names submitted to him by the director of the Division of Rehabili tation Services of the Department of Human Resources;
(8) Two members shall be selected by the Governor from the gen eral public;
(9) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Nurses Association;
(10) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Association of Pathologists;
(11) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia State Medical Association; and
(12) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Pharmaceutical Association.
(c) The persons whose names are submitted to the Governor by the medical colleges, the hospitals, the Medical Association of Georgia, the Georgia State Medical Association, and the Georgia Association of Path ologists shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia and the Georgia State Medical Associa tion shall all be actively engaged in the practice of medicine. The persons whose names are submitted to the Governor by the Georgia Nurses Asso ciation shall all be registered professional nurses licensed to practice nursing under the laws of Georgia. All persons whose names are submit ted to the Governor by the Georgia Pharmaceutical Association shall be registered pharmacists licensed to practice pharmacy under the laws of Georgia.
(d) The Governor shall appoint the initial members for staggered terms as follows: three shall be appointed for terms to expire on Decem ber 31, 1977; three shall be appointed for terms to expire on December 31, 1978; three shall be appointed for terms to expire on December 31, 1979; and six shall be appointed for terms to expire on December 31, 1980. Thereafter, their successors shall be appointed for terms of four years, and until their successors are appointed and qualified, to begin on the expiration of the respective terms of office. In the event of a vacancy for any reason, the Governor shall fill said vacancy for the unexpired term in the same manner that other appointments are made. Those initial members added to the committee in 1985 shall be appointed for initial terms beginning July 1, 1985, and expiring December 31, 1989, and upon the appointment and qualification of their respective successors. Thereafter, their successors shall be appointed for terms of four years and until their respective successors are appointed and qualified, such terms to begin on the expiration of the respective terms of office.
(e) The Cancer Advisory Committee shall meet as often as the com missioner deems necessary but not less than twice each year.

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Section 2. For purposes of making the initial appointments of members added by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other pur poses, 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, 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 Barker Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean
English Fincher
Gillis Greene Harris
Harrison Hine
Horton Howard
Huggins Kidd

Those not voting were Senators:

Langford McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Trulock Turner Walker

Barnes (excused conferee) Brannon Engram Foster (excused conferee)

Garner Holloway Hudgins Kennedy (presiding) Land McGill

Ray Reddish Starr (excused
conferee) Tolleson Tysinger

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 by substitute, was agreed to.

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

FRIDAY, MARCH 1, 1985

2019

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

English Fincher
Greene Harris Harrison Hine
Holloway
Horton Howard Huggins Kidd Langford
McGill McKenzie

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

Those not voting were Senators:

Barnes (excused conferee) Brannon Brantley Coleman Dean

Engram Foster (excused conferee) Garner Gillis Hudgins

Kennedy (presiding) Land Ray Reddish Starr (excused conferee)

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

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

HB 679.

By Representative Smith of the 152nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substi tute to HB 679:

A BILL
To be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that any person who has actively engaged in the practice of barbering on a military installation in Georgia for a certain period shall be eligible to receive a li cense to practice barbering under certain conditions; to authorize barber shops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach

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barbering; to change the requirements for a license to practice barbering as an apprentice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, is amended by adding between Code Sections 437-11 and 43-7-12 a new Code Section 43-7-11.1 to read as follows:
"43-7-11.1. Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of barbering on a military installation in Georgia for three years prior to the effective date of this paragraph shall be eligible to receive a license to practice barber ing upon proper proof of experience, application, and appropriate fee be ing submitted to the board on or before September 1, 1985."
Section 2. Said chapter is further amended by adding after Code Sec tion 43-7-12 a new Code Section 43-7-12.1 to read as follows:
"43-7-12.1. A barbershop licensed pursuant to this chapter shall be authorized to employ a cosmetologist, manicurist, esthetician, or shampooer licensed under Chapter 10 of this title without that barbershop be i1n0g."required to be licensed as a beauty shop or salon under said Chapter
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-7-13, relating to requirements for license to teach barber ing, and inserting in lieu thereof a new Code Section 43-7-13 to read as follows:
"43-7-13. A license to teach barbering shall be issued to any person who:
(1) Is a high school graduate or its equivalent;
(2) Has held a barber license for at least two consecutive years im mediately preceding application for a license to teach barbering;
(3) Has completed a teacher's training course as prescribed by the board which requires 750 hours from a board approved school; and
(4) Satisfactorily passes a written and practical examination pre pared or approved by the board."
Section 4. Said chapter is further amended by adding after Code Sec tion 43-7-13 a new Code Section 43-7-13.1 to read as follows:
"43-7-13.1. A person certified by the State Department of Educa tion to teach barbering in the public schools may obtain a license to teach barbering without meeting the requirements of Code Section 43-713 if that person:
(1) Holds a current barber license at the master level;
(2) Holds a diploma or certificate indicating completion of 1,500 credit hours from a board approved school;

FRIDAY, MARCH 1, 1985

2021

(3) Has completed the three-year teacher training program required by the State Department of Education; and
(4) Has satisfactorily passed an examination prepared or approved by the board."
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-7-16, relating to license to practice barbering as an apprentice, and inserting in lieu thereof the following:
"(1) Evidence that he will practice under the supervision of a li censed barber with at least 18 months' experience in the practice of barbering; and".
Section 6. 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
Bnd DBOroWuen" o<f 4,,6.t,h. Bg rownnt of 47th Burton Coverdell Dawkins Deal Engram

Fincher Garner Gillis Greene
Harris Harrison
,H,ol,,loway Horton Howard Huggins Kidd Land

McGill McKenzie Peevy Perry
Phillips SSccootttt ooff 23n6dth S0tu*m1ba.u1gh. Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Langford and Tate.

Those not voting were Senators:

Barnes (excused
conferee) Brannon

Brantley Cobb

Coleman Dean

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JOURNAL OF THE SENATE

English Foster (excused conferee) Hudgins

Kennedy (presiding) Ray Reddish

Starr (excused conferee) Timmons

On the passage of the bill, the yeas were 40, nays 2.

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

The following general bill of the House, having been read the first time on Febru ary 8 and committed to the Senate Committee on Children and Youth, withdrawn from the Senate Committee on Children and Youth and committed to the Senate Com
mittee on Judiciary on February 14, and favorably reported by the committee, was read the third time and put upon its passage:

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.
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 Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Dawkins Deal Dean English Fincher Garner Gillis Greene Harris Harrison Hine Horton Howard Huggins

Kidd Land Langford McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson

Trulock Turner

FRIDAY, MARCH 1, 1985

2023

Tysinger

Walker

Those not voting were Senators:

Brannon Cobb Engram Foster

Holloway Hudgins Kennedy (presiding)

Ray Reddish 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 taken up for the purpose of considering the House amendment thereto:

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 House amendment was as follows:

Amend SR 27 by adding on Page 5, line 5, after the word "Resolved", the following:
"AND ENACTED".

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SR 27 as amended by the following amendment:

Amend the House amendment to SR 27 by striking on line 2 of the amendment the following:
"line 5,"
and inserting in lieu thereof the following:
"line 12,".

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

Those voting in the affirmative were Senators:

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

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Kidd Land

Those not voting were Senators:

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

Bond Brannon Cobb Engram

Hudgins Huggins Kennedy (presiding) McKenzie

Ray Reddish Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 27 as amended by the Senate.

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

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.

FRIDAY, MARCH 1, 1985

2025

Senator Kidd of the 25th moved that the Senate recede from the Senate amend ment to HB 77.

On the motion, 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 Dawkins Deal Dean

English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Kidd Land Langford

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

Those not voting were Senators:

Bond Brannon Brantley
Cobb Coverdell

Engram Howard Hudgins
Huggins Kennedy (presiding)

McKenzie Ray Reddish Tate Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 77.

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

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.
Senate Sponsor: Senator Coleman of the 1st.

2026

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal

Dean English Fincher
Foster Garner Gillis
Greene Harris Harrison Hine
Holloway
Howard Huggins Kidd Land

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

Those not voting were Senators:

Bond Cobb Coverdell Engram

Horton Hudgins Kennedy (presiding). McKenzie

Ray Reddish Scott of 2nd

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

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

The President resumed the Chair.

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

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.

FRIDAY, MARCH 1, 1985

2027

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 226, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 226.

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.

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

HR 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.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Rules offered the following amendment:

Amend HR 11 by striking on Page 1, lines 10 and 11, the words: "General Assembly";
and inserting in lieu thereof the words: "House of Representatives".

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 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 Barnes

Bond Bowen

2028
Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean English Foster Gillis Greene Harris

JOURNAL OF THE SENATE

Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford McGill Peevy Perry

Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brantley Cobb Coverdell

Engram Fincher Garner

Hudgins McKenzie Reddish

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

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

HB 643.

By Representative Adams of the 36th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of athletic trainers, so as to change the persons to whom licenses may be granted.

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 Barnes Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Coleman Dawkins Deal

FRIDAY, MARCH 1, 1985

2029

English Foster Garner Gillis Greene Harris Harrison Holloway Horton Huggins

Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray

Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Cobb Coverdell Dean

Engram Fincher Hine Howard

Hudgins Reddish Walker

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

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

The following general bill of the House, having been read the first time on Febru ary 18 and committed to the Senate Committee on Education, withdrawn from the Senate Committee on Education and committed to the Senate Committee on Industry and Labor on February 20, and favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsors: Senators Cobb of the 28th and 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 Barnes

Bond Bowen

2030
Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean English Foster Garner

JOURNAL OF THE SENATE

Gillis Greene Harris Harrison Hine Holloway Huggins Kennedy Kidd Land Langford McGill

Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Cobb Coverdell
Engrain

Fincher Horton Howard Hudgins
McKenzie

Reddish 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.

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

HR 22. By Representative Sinkfield of the 37th: A resolution compensating Eddie Hammonds, Jr., in the amount of $350.00.
Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Appropriations offered the following substitute to HR 22:

A RESOLUTION
Compensating Eddie Hammonds, Jr.; and for other purposes.
WHEREAS, on December 29, 1983, Eddie Hammonds, Jr., an inmate at Georgia State Prison, Reidsville, Georgia, was removed from his cell and his cell was allowed to remain unlocked in violation of prison rules; and
WHEREAS, personal property of Mr. Hammonds in the amount of

FRIDAY, MARCH 1, 1985

2031

$624.00 was lost or stolen from his cell due to the failure of the correctional officers to lock the cell or properly inventory his property; and
WHEREAS, the loss of property occurred through no fault or negli gence on the part of Mr. Hammonds, and it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the Department of Offender Rehabilitation is authorized and directed to pay the sum of $300.00 to Eddie Hammonds, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and com plete satisfaction of all claims against the state arising out of said occurrence.

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

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brannon BBrroaunntleoyf 46th
Brown of 47th Bryant Burton Coleman Dawkins Deal

Dean English Foster Garner Gillis Greene
H"aarrnr!sson HHoinlleoway
Howard Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips
So.cott of 36th S^ttuamrrb, augh,
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coverdell Engram

Fincher Horton Hudgins

Reddish Scott of 2nd Timmons

2032

JOURNAL OF THE SENATE

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

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

HR 51. By Representative Par ham of the 105th: A resolution compensating the Baldwin County Board of Commissioners in the amount of $1,044.00.
Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, 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 Dawkins Deal

Dean English Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Muggins 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:

Cobb Coverdell Engram

Fincher Horton Hudgins

Reddish Scott of 2nd Timmons

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

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

FRIDAY, MARCH 1, 1985

2033

HR 99. By Representative Johnson of the 72nd: A resolution compensating Mr. David M. Burns in the amount of $1,054.19.
Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, 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 Dawkins Deal

Dean English Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard 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:

Cobb Coverdell Engram

Fincher Horton Hudgins

Reddish Scott of 2nd Timmons

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

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

2034

JOURNAL OF THE SENATE

HR 113.

By Representatives Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd:
A resolution compensating Ms. Charlotte Chancellor in the amount of $300.00.
Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, 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 Dawkins Deal

Dean English Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kennedy Kidd Land Langford

McGili McKenzie Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coverdell Engram

Fincher Horton Hudgins

Reddish Scott of 2nd Timmons

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

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

HR 119.

By Representative Ray of the 98th: A resolution compensating Mr. Floyd Keen in the amount of $697.86.
Senate Sponsor: Senator Dean of the 31st.

FRIDAY, MARCH 1, 1985

2035

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean English Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard 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:

Cobb Coverdell Engram

Fincher Horton Hudgins

Reddish Scott of 2nd Timmons

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

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

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

HB 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.

2036

JOURNAL OF THE SENATE

Senator Langford of the 35th moved that the Senate adhere to the Senate substi tute to HB 14, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 14.

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

Senators Langford of the 35th, Scott of the 2nd and Hudgins of the 15th.

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

Mr. President:

The House passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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.

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

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.

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

FRIDAY, MARCH 1, 1985

2037

HB 1031.

By Representative Parrish of the 109th:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide for an increase in the number of members of the board of commissioners.

HB 1067.

By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.

HB 1068.

By Representative Pinkston of the 100th:
A bill to amend an Act known as "Macon-Bibb County Water & Sewer age Authority Act Amended."

HB 1069.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to establish and define wards within the City of Hazlehurst for the purpose of electing members of the board of commissioners.

HB 1070.

By Representatives Sherrod of the 143rd, Long of the 142nd and 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 and powers and administration of the Thomasville Payroll Develop ment Authority.

HB 1071.

By Representatives Sherrod of the 143rd, Long of the 142nd and 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 se lection and service of the board of education and the school superinten dent of Thomas County.

HB 1072.

By Representative Groover of the 99th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to authorize said authority to undertake certain projects.

HB 1075.

By Representatives Ware of the 77th, Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to provide a new charter for the City of Grantville; to provide for the corporate limits of said city.

2038

JOURNAL OF THE SENATE

HB 1076.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, so as to change the date of election of certain officials.

HB 1077.

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 for the elec tion of members of the Board of Education of White County.

HB 1078.

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 a body corpo rate and politic to be known as the "White County Industrial Building Authority."

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

HR 312.

By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution creating the Carroll County Government Authority Study Commission.

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

HB 1048.

By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman and four other members of the board of commissioners.

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

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.

FRIDAY, MARCH 1, 1985

2039

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 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 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.

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

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 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.

2040

JOURNAL OF THE SENATE

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

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.

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 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.

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

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

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

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

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

FRIDAY, MARCH 1, 1985

2041

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 House has agreed to the Senate substitute to the following bills of the House:

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.

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 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.

HB 896.

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 the mayor and members of the council.

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

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 following local bills and resolution of the House were read the first time and referred to committee:

2042

JOURNAL OF THE SENATE

HB 1031. By Representative Parrish of the 109th:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide for an increase in the number of members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 1048. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners for Lamar County, so as to provide for a chairman and four other members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 1067. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the office of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1068. By Representative Pinkston of the 100th:
A bill to amend an Act known as "Macon-Bibb County Water & Sewer age Authority Act Amended."
Referred to Committee on Urban and County Affairs.

HB 1069. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to establish and define wards within the City of Hazlehurst for the purpose of electing members of the board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 1070. By Representatives Sherrod of the 143rd, Long of the 142nd and 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 and powers and administration of the Thomasville Payroll Develop ment Authority.
Referred to Committee on Urban and County Affairs.

HB 1071.

By Representatives Sherrod of the 143rd, Long of the 142nd and 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 se-

FRIDAY, MARCH 1, 1985

2043

lection and service of the board of education and the school superinten dent of Thomas County.
Referred to Committee on Urban and County Affairs.

HB 1072. By Representative Groover of the 99th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to authorize said authority to undertake certain projects.
Referred to Committee on Urban and County Affairs.

HB 1075. By Representatives Ware of the 77th, Shepard of the 71st, Mostiler of the 75th and Bray of the 91st:
A bill to provide a new charter for the City of Grantville; to provide for the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

HB 1076. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, so as to change the date of election of certain officials.
Referred to Committee on Urban and County Affairs.

HB 1077. 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 for the elec tion of members of the Board of Education of White County.
Referred to Committee on Urban and County Affairs.

HB 1078. 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 a body corpo rate and politic to be known as the "White County Industrial Building Authority."
Referred to Committee on Urban and County Affairs.

HR 312. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution creating the Carroll County Government Authority Study Commission.
Referred to Committee on Urban and County Affairs.

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

2044

JOURNAL OF THE SENATE

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.

Senator Holloway of the 12th moved that the Senate insist upon the Senate amendment to HR 74.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 74.

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursuant to HR 310, adopted previously, until 10:00 o'clock A.M. on Monday, March 4; the motion prevailed.

At 12:00 o'clock Noon, the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned pursu ant to HR 310, adopted previously, until 10:00 o'clock A.M. on Monday, March 4.

MONDAY, MARCH 4, 1985

2045

Senate Chamber, Atlanta, Georgia Monday, March 4, 1985
Thirty-seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, March 1, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 220. By Senator Kennedy of the 4th: A resolution relative to federal support of the school lunch program.
Referred to Committee on Education.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 625. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President:
The Committee on Banking and Finance has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

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JOURNAL OF THE SENATE

HB 170. Do pass by substitute. Respectfully submitted, Senator Hudgins of the 15th 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 214. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 287. SB 288. SB 289. HB 876. HB 912. HB 933. HB 935. HB 944. HB 947. HB 948. HB 950. HB 951. HB 952. HB 954. HB 958. HB 964.

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

HB 970. HB 973. HB 974. HB 978. HB 979. HB 980. HB 981. HB 984. HB 985. HB 986. HB 987. HB 988. HB 993. HB 994. HB 996.

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.

MONDAY, MARCH 4, 1985

2047

HB 1003. Do pass.

HR 232. Do pass as amended. Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SR 214.

By Senator Coverdell of the 40th:
A resolution requesting the United States Postal Service to issue a com memorative postage stamp celebrating Georgia's 200th year as a state.

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.

HB 625.

By Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the 11 th and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers.

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

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

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins Kennedy Kidd Land Langford

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

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JOURNAL OF THE SENATE

Those not answering were Senators:

Barnes Bond Brannon (excused)

Fincher Howard Hudgins

Timmons Trulock

Senator Kidd of the 25th introduced the chaplain of the day, Reverend Christo pher Price, pastor of the First Presbyterian Church, Madison, Georgia, who offered
scripture reading and prayer.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Brannon of the 51st from the Senate today due to illness; the consent was granted and Senator Brannon of the 51st was excused from the Senate today.

The following resolutions of the Senate were read and adopted:

SR 219. By Senator Tolleson of the 32nd: A resolution commending the Honorable Roland Colcord Williams.

SR 221.

By Senators Greene of the 26th, Barnes of the 33rd, Tolleson of the 32nd and others:
A resolution commending Professor Richard W. Creswell and members of the student body of the Walter F. George School of Law of Mercer University.

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, March 4, 1985
THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 285 Barnes, 33rd Harrison, 37th Tolleson, 32nd

MONDAY, MARCH 4, 1985

2049

Brantley, 56th Cobb County
To amend Act creating Cobb Judicial Circuit; provides for payment from funds of certain expenses of membership of judges of said circuit in any state retirement or pension system; provides for related matters; provides an effective date.

HB 312 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
Authorizes Board of Commissioners to provide systems of garbage dispo sal and provides for sanitation districts.

HB 402

Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
To continue amendment which authorizes General Assembly to permit the governing authority of county to make street improvements in subdi visions and assess cost with approval of owners of 51 percent of property affected.

HB 468

Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
Continues amendment which authorizes General Assembly to enact laws creating civil service and merit system for county employees and employ ees of county officers.

HB 570 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
To continue amendment which authorizes General Assembly to abolish the office of coroner of said county and create office of medial examiner of said county.

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HB 582 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
Provides $2,000 additional homestead exemption from city ad valorem taxes for residents of that city who have annual incomes not exceeding $8,000 and who are 62 years of age or over.

HB 667 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st City of Stone Mountain DeKalb County
Amends Act creating new charter for city; authorizes mayor and council to create position of city manager and provide for powers, duties, ap pointment, qualifications, and compensation of city manager.

HB 670 Broun, 46th Clarke County
Continues amendment and several constitutional amendments further amending that amendment relating to merger of school systems of said county and of the city of Athens.

HB 863 Kennedy, 4th Tattnall County
Amends Act providing for elections of members of board of education of said county; provides for members of board.

HB 877 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
Continues amendment granting jurisdiction of Recorder's Court to try to dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals.

HB 879 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th

MONDAY, MARCH 4, 1985

2051

Tysinger, 41st DeKalb County
Continues amendments authorizing General Assembly to empower Board of Commissioners to enact ordinances for policing and governing of said county and to provide penalties for violation of such ordinances.

HB 881

Reddish, 6th Bacon County
To amend Act providing for election of board of education; provides for nonpartisan election of chairman and five other members of board.

HB 900 Kennedy, 4th Candler County
Amends Act establishing State Court; provides for comprehensive revi sion of provisions relating to such court to conform such provisions to the Constitution and laws of this state; provides for jurisdiction, powers, and authority; provides for judges, solicitors, and other officers.

HB 901

Kennedy, 4th Candler County
To provide that tax commissioner of said county shall retain a specified percentage of education funds collected by said officer and remit same to governing authority of said county to reimburse county of cost of collect ing school taxes.

HB 902

Kennedy, 4th Candler County
Amends Act providing for chief magistrate and magistrate of Magistrate Court of said county; provides for appointment of chief magistrate and magistrate by Board of Commissioners.

HB 905

Trulock, 10th City of Cairo Grady County
Amends Act incorporating city; changes name of the recorder's court to the municipal court; changes title of recorder to municipal court judge.

HB 909

Reddish, 6th Pierce County
Amends Act creating board of commissioners of said county; provides for five-member board of commissioners.

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JOURNAL OF THE SENATE

HB 910 Reddish, 6th Pierce County
Amends Act providing for composition and selection of board of educa tion shall be elected by voters residing within education district in which such member has offered as a candidate.

HB 920 Kennedy, 4th City of Pembroke Bryan County
To amend, consolidate, create, revise, and supersede several Acts incor porating city in county, and any and all amendments thereto and relating thereto incorporating city.

HB 921

Kennedy, 4th Effingham County
To amend Act creating State Court of said county; changes salary of judge and solicitor of said court.

HB 931

Bryant, 3rd Kennedy, 4th Bryan County
Authorizes governing authority to impose business and occupational li cense taxes and license fees upon persons, firms, and corporations, doing business in unincorporated area of county.

HB 946 Timmons, llth Early County
Amends Act creating State Court of said county; authorizes governing authority to appoint qualified assistant district attorney of Pataula Judi cial Circuit to serve as solicitor of State Court of said county with ap proval of district attorney of Pataula Judicial Circuit.

HB 955 Howard, 42nd Walker, 43rd Stumbaugh, 55th Burton, 5th Tysinger, 41st DeKalb County
Amends Act creating State Court of DeKalb County; provides for ap pointment of additional assistant solicitor of said court.

HB 960 Bowen, 13th Irwin County
Amends Act placing sheriff on salary system of compensation in lieu of

MONDAY, MARCH 4, 1985

2053

fee system; changes provisions relating to compensation of deputy sheriff, special deputy sheriffs, and secretary employed by sheriff of said county.

HB 961

Bowen, 13th Irwin County
Amends Act creating board of commissioners of said county; changes provisions relating to salary of secretary of board of commissioners; changes provisions relating to salary of chairman and other members of board of commissioners.

HB 971

Ray, 19th Bleckley County
Creates board of commissioners as governing authority; provides for chairman and other members of board.

HB 975 Turner, 8th Cook County
Amends Act creating board of commissioners; changes manner in which members of board of commissioners are elected.

HB 989 Timmons, llth City of Camilla Mitchell County
Continues amendment establishing Downtown Camilla Development Au thority and providing for its powers, duties, and responsibilities.

HB 990 Timmons, llth City of Sale Mitchell County
Amends Act incorporating City of Sale in said county; provides for cor porate limits of said city.

HB 997 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Amends Act creating State Court; changes certain provisions relating to costs and fees.

HB 998 Huggins, 53rd Chattooga County
Amends Act creating State Court; provides for compensation of judge and solicitor of court.

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JOURNAL OF THE SENATE

HB 999 Huggins, 53rd City of Trion Chattooga County
Continues amendment which relates to allocation to Chattooga County School District and to city for use of Trion Independent School District of proceeds of any local sales and use tax levied within said county.

HB 1000

Huggins, 53rd Chattooga County
To provide that members of said county Board of Education shall be compensated in manner and in amounts specified by general law of this state.

HB 1001

Huggins, 53rd City of Trion Chattooga County
Continues amendment which related to homestead exemptions from municipal ad valoren taxation for elderly residents of town.

HB 1002

Foster, 50th White County
Amends Act to abolish present mode of compensating clerk of Superior Court, known as fee system; changes provisions relating to employment and compensation of deputies and other employees.

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

Deal English Engram Fincher Garner Gillis Greene Harris Harrison Hine Horton Huggins Kennedy

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

MONDAY, MARCH 4, 1985

2055

Tolleson Trulock

Turner

Tysinger

Those not voting were Senators:

Barker Barnes (excused
Bonnf"ee) Brannon (excused) Dean

Foster (excused conferee)
Holloway Howard Hudgins

Land McKenzie
Starr (excused conferee) 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 RULES CALENDAR
Monday, March 4, 1985
THIRTY-SEVENTH LEGISLATIVE DAY
HB 89 Consumers' Utility Counsel--repeal of laws (Pub U--33rd)
HB 712 Filing of Financing Statements in Secured Transactions--no matur ity date (J&CL--45th)
HB 270 Certain State Officials--change certain salaries (SUBSTITUTE) (Approp--31st)
HB 764 Self-Insurers--those not authorized by Workers' Compensation Board (I&L--45th)
HB 101 Certain Jury Commissioners--succeed themselves (J&CL--18th)
HB 144 Judicial Circuit--may employ law clerk or court administrator (SUBSTITUTE) (Judy--8th)
HB 313 Allegedly Mentally Retarded--court orders for examination (J&CL--26th)
HB 378 Lease-Purchase Installment Contracts for Consumer Goods--regulate (C Aff--35th)
SR 180 Commemorative Stamp in honor of Lt. Henry O. Flipper (Rules--10th)
HB 564 Table Wines--excise tax upon first sale, use, delivery in State (C Aff--12th)
HB 794 Private College Tuition Equalization Grants--remove amount limita tion (Approp--20th)
HB 584 Board of Regents Postponements--include Board of Education meet ings (Ed--45th)

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JOURNAL OF THE SENATE

HR 218 DeKalb Junior College--acquisition by Board of Regents (H Ed--55th)
HR 220 Tybee Island--easement for building fishing pier on state-owned property (Pub U--1st)
HB 629 Criminal Justice Coordinating Council--additional member shall be superior court judge (Judy--33rd)
HB 409 Public Revenue Code--time period for assessment (B&F--45th)
HB 125 Ad Valorem Tax Bill--contain notice on failure to file return (B&F--31st)
HB 366 Contagious Tuberculosis--change provisions on hearings to commit those suspected (Hum R--52nd)
HB 632 Airport Property--lessee released from ad valorem tax (U&CA G--22nd)
HB 501 Water, Sewage Systems--municipal corporations collect fees within boundaries (U&CA G--8th)
HB 683 Aborted Human Fetuses--disposal (J&CL--26th)
HB 793 Alcoholic Treatment Record Confidentiality, Release--certain excep tions (Hum R--42nd)
HB 474 Recorders', Mayors', Police Courts--sentence for municipal law offense (SUBSTITUTE) (J&CL--48th)
HB 407 DeKalb-Fulton--public nuisances injurious to public health (U&CA G--43rd)
HB 388 Professional Practices Commission--change provisions on executive director and employees (Ed--50th)
HR 199 Toombs Oak on University of Georgia Campus--erection of histori cal marker (H Ed--33rd)
HB 624 Income Tax Exemption Certificate--circumstances to submit to tax commissioner (B&F--45th)
HB 590 Carriers Which are Both Common and Contract--sales tax not apply (B&F--31st)
HB 940 State Bids--certain violation convictions makes ineligible to submit (SUBSTITUTE) (J&CL--26th)
HR 27 Hazardous Materials Emergency Response Advisory Council--create (Nat R--20th)
HB 465 Municipal Courts--enforce emissions inspection (Judy--42nd)
HR 120 Acworth--grant easement through certain state-owned property (Pub U--33rd)
HB 6 Mentally 111, Retarded, Alcoholic, Drug Dependent Hearing--fees of officers (Hum R--42nd)
HB 709 Proprietary School--change provisions on definition (Ed--16th)

MONDAY, MARCH 4, 1985

2057

HB 655 Motor Carrier Regulation by Public Service Commission--appeals (Pub U--41st)
Respectfully submitted,
/s/ A.W. Holloway Holloway of the 12th, Chairman Senate Rules Committee

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

HB 89. By Representatives 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.
Senate Sponsors: Senators Barnes of the 33rd and Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bower, Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb Coleman Coverdell Deal Dean English

Engram Fincher Garner Gillis Greene Harris Harnson Hine HHoolrltoown ay
Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish s tt f , d TM TM ,"?. fSftu0m"bafug3h*th
*?te Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Brannon (excused)

Dawkins Foster (excused conferee)

Howard Starr (excused conferee)

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JOURNAL OF THE SENATE

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

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

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Appropriations offered the following substitute to HB 270:
A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; to provide for the application or nonapplication of cost-of-living in creases for fiscal year 1986; to provide for matters relative thereto; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraphs (2) through (21) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (2) through (21.2) to read as follows:
"(2) Lieutenant Governor ........................ 45,000.00
(3) Adjutant general The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture ................. 60,000.00
(5) Attorney General........................... 64,500.00
(6) State auditor............................... 58,000.00
(7) Commissioner of Insurance................... 60,000.00
(8) Commissioner of offender rehabilitation ........ 58,000.00
(9) Commissioner of Labor................... 60,136.00

MONDAY, MARCH 4, 1985

2059

The above amount of salary for the Commissioner of Labor shall include any compensation re ceived from the United States Government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States Government.
(10) Each member of the Board of Pardons and Pa roles ....................................
(11) Each member of the Public Service Commission
(12) State revenue commissioner ..................
(13) State School Superintendent. .................
(14) Secretary of State ..........................
(15) Commissioner of veterans service .............
The above amount of salary for the commissioner of veterans service shall include any compensa tion received from the United States govern ment and the amount of state funds paid shall be reduced by the amount of compensation re ceived from the United States government.
(16) Commissioner of banking and finance. .........
(17) Commissioner of administrative services ........
(18) Each Justice of the Supreme Court ...........
(19) Each Judge of the Court of Appeals ..........
(20) Each superior court judge. ...................
Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.
(21) Each district attorney .......................
Each district attorney shall also receive any sup plement paid to such district attorney by the county or counties of such district attorney's ju dicial circuit as may be provided for by law. Each district attorney shall also receive reim bursement of travel expenses as provided by law.
(21.1) Chairman of the State Board of Workers' Com pensation ................................
(21.2) Each member of the State Board of Workers' Compensation other than the chairman ......

58,000.00 58,000.00 60,000.00 64,500.00 60,000.00 58,000.00
58,000.00 58,000.00 66,248.00 65,738.00 54,508.00
48,000.00
58,000.00 52,000.00"

Section 2. (a) The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, Attorney General, state auditor, Commis sioner of Insurance, commissioner of offender rehabilitation, Commissioner

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JOURNAL OF THE SENATE

of Labor, each member of the Board of Pardons and Paroles, each member of the Public Service Commission, state revenue commissioner, State School Superintendent, Secretary of State, commissioner of veterans affairs, com missioner of banking and finance, commissioner of administrative services, chairman of the State Board of Workers' Compensation, and each member of the State Board of Workers' Compensation shall not be increased by the cost-of-living adjustment granted to state employees for fiscal year 1986.
(b) The salaries provided for in Section 1 of this Act for each Justice of the Supreme Court, each Judge of the Court of Appeals, each superior court judge, the Governor, the Lieutenant Governor, and each district attorney shall be increased by the cost-of-living adjustment granted to state employ ees for fiscal year 1986.
Section 3. This Act shall become effective July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th offered the following amendment:

Amend the substitute to HB 270 offered by the Senate Committee on Appropriations by striking from line 27 of Page 1 the following:
"58,000.00",
and inserting in lieu thereof the following:
"62,500.00".

On the adoption of the amendment, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Bryant obb EFinngcrhaemr
Garner
Harrison

Hine Holloway Huggins KKiedndnedy
Langford
Perry

Phillips Reddish Scott of
Timmons Trulock Turner

Those voting in the negative were Senators:

Albert Allgood Barker Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Coverdell Dawkins Deal Dean English

Foster Gillis Greene Harris Horton Howard Hudgins

MONDAY, MARCH 4, 1985

2061

Land McGill McKenzie Peevy

Ray Scott of 2nd Starr Stumbaugh

Tate Tolleson Tysinger Walker

Those not voting were Senators:

Barnes

Brannon (excused)

Coleman

On the adoption of the amendment, the yeas were 20, nays 33, and the amend ment offered by Senator Garner of the 30th was lost.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to HB 270 offered by the Senate Committee on Appropriations by adding after the semicolon on line 6 of Page 1 the following:
"to declare legislative intent that certain state officials shall devote their full time to the duties of their offices; to limit the amount of earned income which such public officials may receive for personal services; to provide that earned income in excess of such limitation shall be subject to forfeiture to the state through withholding of state compensation or through a civil action;".
By renumbering Sections 2, 3, and 4 as Sections 3, 4, and 5, respec tively, and inserting a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by adding a new subsection (d) to read as follows:
'(d) It is the intention of the General Assembly in providing the compensation fixed under this Code section that each of the state officials compensated under paragraphs (2) through (17) of subsection (a) of this Code section shall devote his full time and efforts to the duties of his office; and for this purpose the devotion of a minimum of 40 hours per week to the duties of his office shall constitute the devotion of an official's full time to his duties. No such official shall accept any payments of money or other things of value in exchange for personal services rendered by the official in the course of a calendar year, which payments exceed 30 percent of the salary paid to such officer for that calendar year under this Code section. All payments for personal services, including without limitation payments for professional services, speeches, and written materials shall be subject to this 30 percent limitation, except that such limitation shall not apply to (1) the salary paid to an official under this Code section; (2) any amount paid by or on behalf of an official to a tax qualified pension, profit-sharing, or stock bonus plan or received by an official from such a plan; (3) in the case of an official engaged in a trade or business in which both personal services and capital are income-pro ducing factors, an amount received from such business so long as the personal services rendered by the official in the business do not generate a significant amount of income; or (4) copyright or patent royalties. With respect to calendar year 1985, the limitation imposed by this subsection shall be a limitation on payments received for personal services during

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JOURNAL OF THE SENATE

the latter half of the calendar year, which limitation shall be 30 percent of the salary paid under this Code section for the latter half of the calen dar year. With respect to an official subject to this subsection who holds such office for less than an entire calendar year, the limitation imposed by this subsection shall be a limitation on payments received for personal services during such part of the calendar year as the official holds office, which limitation shall be 30 percent of the salary paid under this Code section for such part of the calendar year. Any payments for personal services in excess of the limitation imposed by this subsection shall be forfeited to the state, either by voluntary action of the officer receiving such payments, by withholding from a subsequent year's salary under this Code section of an amount equal to the amounts received in excess of the limitation imposed by this subsection, or by a civil action for the amounts received in excess of the limitation imposed by this subsection. Any such civil action shall be brought by the Attorney General in the name of the state, except that an action involving excess payments re ceived by the Attorney General shall be brought in the name of the state by the Governor acting through such counsel as may be designated by the Governor. The officials subject to this subsection shall be the Lieuten ant Governor, the adjutant general, the Commissioner of Agriculture, the Attorney General, the state auditor, the Commissioner of Insurance, the commissioner of offender rehabilitation, the Commissioner of Labor, each member of the State Board of Pardons and Paroles, each member of the Public Service Commission, the state revenue commissioner, the State School Superintendent, the Secretary of State, the commissioner of veterans service, the commissioner of banking and finance, and the com missioner of administrative services.' "

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 Barnes Brantley Broun of 46th Burton Cobb Coverdell Dawkins Deal Dean

Engram Foster Garner Greene Harris Hine Holloway Howard Hudgins Kidd Land

McGill Perry Phillips Ray Reddish Starr Stumbaugh Tolleson Trulock Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Bowen

Brown of 47th Bryant Coleman

English Fincher Gillis

Harrison Horton Huggins Kennedy

MONDAY, MARCH 4, 1985

2063

Langford McKenzie Peevy Scott of 2nd

Scott of 36th Tate Timmons Turner

Those not voting were Senators Bond and Brannon (excused).

On the adoption of the amendment, the yeas were 33, nays 21, and the amend ment offered by Senator Dawkins of the 45th 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 Bowen 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

Those not voting were Senators:

Barnes

Bond

Brannon (excused)

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

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JOURNAL OF THE SENATE

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

Senator Dean of the 31st moved that HB 270 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 270 was immediately transmitted to the House.

Senator Foster of the 50th introduced Mr. Xavier Roberts who, having been com mended and honored by SR 212, adopted February 28, for his creation of the "Little People" and "Cabbage Patch Kids", briefly addressed the Senate.

Senator Holloway of the 12th moved that the following bill of the House, having been read the third time on February 22 and placed on the Table, be taken from the Table:

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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 463 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

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

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 House amendment was as follows:
Amend SB 138 by striking lines 6 and 7 on Page 2 in their entirety and substituting in lieu thereof the following:
"investment, or credit account. Such operation shall be limited to the dispensing of cash and".

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2065

Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to SB 138.

On the motion, 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 Fincher Foster Garner Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kennedy Kidd Langford

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

Those not voting were Senators:

Albert Brannon (excused) Harrison

Holloway Land

Tolleson Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 138.

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

HB 764.

By Representative Martin of the 26th:
A bill to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that self-insured employers who are not authorized by the State Board of Workers' Compensation or other regulatory bodies as self-insurers shall not be eligible for reimbursement from the Subsequent Injury Trust Funds.
Senate Sponsor: Senator Dawkins of the 45th.

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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 Garner Gillis Greene Harris Hine Horton Howard Huggins Kennedy 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:

Brannon (excused) Coleman Fincher

Foster Harrison Holloway

Hudgins Tolleson

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

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

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

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.
Senate Sponsor: Senator Barker of the 18th.

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

MONDAY, MARCH 4, 1985

2067

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 Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Hine Horton Howard 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:

Bond Brannon (excused) Cobb

Foster Harrison Holloway

Hudgins Kennedy (presiding)

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

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

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

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 House substitute to SB 110 was as follows:

A BILL To be entitled an Act to amend Chapter 20 of Title 31 of the Official

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Code of Georgia Annotated, relating to performance of sterilization proce dures, so as to change who may file petitions for orders regarding steriliza tion of mentally incompetent persons; to provide for an examining team and reports thereby; to change the standard of proof for such sterilization orders and judgments; to change certain provisions relating to hearings and trials regarding such 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. Chapter 20 of Title 31 of the Official Code of Georgia Anno tated, relating to performance of sterilization procedures, is amended by striking in its entirety Code Section 31-20-3, relating to sterilization of men tally incompetent persons, and inserting in its place a new Code section to read as follows:
"31-20-3. (a) The General Assembly finds that the present laws of this state provide no means for the performance of sterilization proce dures upon persons who, because of mental retardation, brain damage, or both, are irreversibly and incurably mentally incompetent to the degree that such persons, with or without economic aid (charitable or otherwise) from others, could not provide care and support for any children procre ated by them in such a way that such children could reasonably be ex pected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm.
(b) As used in this Code section, the term 'person subject to this Code section' means a person who, because of mental retardation, brain damage, or both, is irreversibly and incurably mentally incompetent to the degree that such person, with or without economic aid (charitable or otherwise) from others, could not provide care and support for any chil dren procreated by such person in such a way that such children could reasonably be expected to survive to the age of 18 years without suffering or sustaining serious mental or physical harm, when there has been, ac cording to the procedures of this Code section as hereinafter stated, the required finding that the condition of such person is irreversible and incurable.
(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 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

MONDAY, MARCH 4, 1985

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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 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 one physician, 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. Said persons so appointed shall make an investigation and make a consolidated 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 subject 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 prevent ing 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 parents of the person, the guardian ad litem, and the attor ney 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 subject to cross-examination either by testimony in court or by deposition;
(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 consolidated re port not later than five days prior to the hearing and, upon a timely re quest by any party to the probate court proceeding, each author of that finding shall be subject to cross-examination either by testimony in court or by deposition;

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(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. 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 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.
(d) After judgment of the court in accordance with the preceding subsections of this Code section shall have become final to the effect that such sterilization shall be performed upon such person subject to this Code section, a sterilization procedure may be performed in an accred ited hospital by a physician upon such person subject to this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 110.

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2071

On the motion, 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 Coleman Dawkins Deal Dean English Engram

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 Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon (excused)

Cobb Coverdell Fincher

Foster Kennedy (presiding) Tolleson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 110.

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

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.

The House amendment was as follows:

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Amend SB 136 by striking lines 13 and 14 on Page 3 in their entirety and substituting in lieu thereof the following:
"ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company".

Senator Hudgins of the 15th moved that the Senate agree to the House amend ment to SB 136.

On the motion, 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 Coverdell Dawkins Deal Dean

English Engram Foster Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Bond Brannon (excused) Fincher

Garner Holloway

Kennedy (presiding) Stumbaugh

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 136.

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

MONDAY, MARCH 4, 1985

2073

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 House amendment was as follows:

Amend SB 11 by adding on line 10, Page 2, after the word "trade"

the following: "in accordance with all applicable state laws".

Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 11.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
RBTMroun %of A46t^h BBrroywannt of 47th
CBoubrtbon Coleman Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris
HHianrenSn HHoolrltoown ay
HHuodwgairnds Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Rav Reddish Scott of 2nd
Soct ott of 36th Sc tumbuaughu
TIaimtemons Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Brannon (excused)

Coverdell Fincher

Kennedy (presiding) Phillips

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 11.

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

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.

Senator Hudgins of the 15th moved that the Senate insist upon the Senate substi tute to HB 185.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 185.

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 957.

By Representative Bolster of the 30th:
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 that city, so as to authorize the city to have and be authorized to exercise all redevelop ment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law."

HB 1052.

By Representative Adams of the 36th:
A bill to amend the charter of the City of College Park, Georgia, so as to modify the provisions relating to ad valorem taxation.

MONDAY, MARCH 4, 1985

2075

HB 1053.

By Representative Adams of the 36th:
A bill to amend the charter of the City of College Park, Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the city.

HB 1080. By Representative Bray of the 91st: A bill to create a new charter for the Town of Moreland.

HB 1081.

By Representative Ross of the 82nd:
A bill to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk.

HB 1082.

By Representative Ross of the 82nd:
A bill to amend an Act abolishing the offices of tax collector and tax receiver in Warren County and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compensa tion of assistants and clerks.

HB 1083.

By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for and reincorporating the Town of Tyrone, so as to provide for the town council composed of the mayor and councilmen.

The House has passed, as amended, by the requisite constitutional majority the following bill 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.

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

HB 144.

By 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

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JOURNAL OF THE SENATE

clerk shall be changed so as to authorize the employment of either a law clerk or a court administrator.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Judiciary offered the following substitute to HB 144:

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.
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

MONDAY, MARCH 4, 1985

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

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

Barnes Brannon (excused)

Howard

Land

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 0.

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JOURNAL OF THE SENATE

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

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

English Engram Fincher Foster Garner Gillis Greene Harrison Hine Horton Howard Huggins 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:

Barnes Brannon (excused) Harris

Holloway Hudgins

Kennedy (presiding) Scott of 2nd

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

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

MONDAY, MARCH 4, 1985

2079

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

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

HB 378.

By Representatives Randall of the 101st, Alien of the 127th, Dean of the 29th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of lease-purchase installment contracts for consumer goods.
Senate Sponsor: Senator Langford of the 35th.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Huggins Kidd Land Langford

Voting in the negative was Senator Phillips.

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

Those not voting were Senators:

Brannon (excused) Holloway

Hudgins Kennedy (presiding)

Trulock

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On the passage of the bill, the yeas were 50, nays 1.

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

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.

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 Coleman 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 Phillips
D i\.dn,\yi
Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused)

Kennedy (presiding)

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.

MONDAY, MARCH 4, 1985

2081

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

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 House substitute to SB 87 was as follows:

A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for issuance of subpoenas for production of documentary evidence before the magistrate court; 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 or in aid of any civil money judgment or execution of any other court if the unpaid balance on the judgment or execution does not exceed $2,500.00; to provide a form for postjudgment interrogatories; to provide for enforcement by con tempt of 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. Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, is amended by striking paragraph (10) of Code Section 15-10-2, relating to jurisdiction and powers of magistrate courts, and inserting in its place a new paragraph (10) to read as follows:
"(10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court; and".
Section 2. Said chapter is further amended by adding a new Code Sec tion 15-10-50 to read as follows:
"15-10-50. (a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed $2,500.00, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or rem edy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section.
(b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment

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creditor may, within 30 days after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail.
(c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories pro pounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magis trate court.
(d) The interrogatories, verification, and notice shall be in substan tially the following form:
IN THE MAGISTRATE COURT OF ________ COUNTY STATE OF GEORGIA

Plaintiff Address

Current Civil Action File No. _______

vs. Defendant

Original Civil Action File No. _______
Court where original judgment entered:

Address
INTERROGATORIES
TO: ____, Defendant in the above styled action: The Plaintiff in the above-styled action requests that you answer the following interrogatories separately, fully, and under oath and serve such answers on said plaintiff at plaintiffs address shown above by mail or hand delivery within 30 days after the service of these interrogatories.
1. List the name, address, and phone number of your employer(s).

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2. Describe and state the location of each piece of real estate in which you own any interest.
3. Give the name, address, and a description of the nature of any business venture in which you own any interest.
4. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed.
5. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number.
6. List and give the present location of all items of personal property owned by you that have a value of more than $10.00.

VERIFICATION
STATE OF GEORGIA, COUNTY OF ___
___________, being first duly sworn on oath, says the foregoing are true and complete answers to the interrogatories propounded by plaintiff to defendant.
Sworn and subscribed before me, this ___ day of ___, 19_.

Notary public or attesting official

Defendant

NOTICE

You are required to provide complete answers to the above-stated ques tions to the plaintiff within 30 days after service of these interrogatories upon you. If you do not answer, or do not answer completely you may become subject to the sanctions provided by law for contempt of court. If you need further instruction or if you need assistance in answering the questions con tact the court at once.

(e) The court in its discretion may limit the number of times inter rogatories may be propounded upon a judgment debtor, may relieve a judgment debtor of the obligation to answer one or more propounded in terrogatories, and may for good cause shown enlarge the time for answer ing any interrogatory. The court may if necessary compel the answering of interrogatories, but the sanction of contempt shall be applied only af ter notice and an opportunity for hearing and a showing of willful failure to answer or willful failure to answer fully and truthfully."

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

2084

JOURNAL OF THE SENATE

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 87.

On the motion, 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 Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins 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:

Brannon (excused) Fincher

Holloway Horton

Kennedy (presiding) Scott of 2nd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 87.

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

HB 794.

By Representative Murphy of the 18th:
A bill to amend Code Section 20-3-412 of the Official Code of Georgia Annotated, relating to limitations on amounts and availability of tuition equalization grants at private colleges and universities, so as to remove the limitations on amounts of tuition equalization grants.
Senate Sponsor: Senator Gillis of the 20th.

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

MONDAY, MARCH 4, 1985

2085

On 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
Bwe"
RBroun %of A46Mth BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Foster Garner Gillis
p/eene
H3armnSson MHoinweard
Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish
Sccott of 36th ^Sttuarmrb, augh,
Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators Engram and Tolleson.

Those not voting were Senators:

Albert
Brannon (excused) Fincher

Holloway Horton

Kennedy (presiding) Scott of 2nd

On the passage of the bill, the yeas were 47, nays 2.

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

HB 584.

By Representative Benefield of the 72nd:
A bill to amend Code Section 9-10-151 of the Official Code of Georgia Annotated, relating to continuances or postponements for attending meetings of the board of regents, so as to include attendance at meetings of the State Board of Education; to amend Code Section 17-8-29 of the Official Code of Georgia Annotated, relating to continuances or post ponements for attending meetings of the board of regents, so as to in clude attendance at meetings of the State Board of Education.
Senate Sponsor: Senator Dawkins of the 45th.

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

2086

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 Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford

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

Those not voting were Senators:

Brannon (excused) Brantley Burton

Harris Horton Kennedy (presiding)

Scott of 2nd Starr Timmons

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

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

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

HB 957. By Representative Bolster of the 30th:
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 that city, so as to authorize the city to have and be authorized to exercise all redevelop ment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law."
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 4, 1985

2087

HB 1052. By Representative Adams of the 36th:
A bill to amend the charter for the City of College Park, Georgia, so as to modify the provisions relating to ad valorem taxation. Referred to Committee on Urban and County Affairs.

HB 1053. By Representative Adams of the 36th:
A bill to amend the charter of the City of College Park, Georgia, so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the city.
Referred to Committee on Urban and County Affairs.

HB 1080. By Representative Bray of the 91st: A bill to create a new charter for the Town of Moreland.
Referred to Committee on Urban and County Affairs.

HB 1081. By Representative Ross of the 82nd:
A bill to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk.
Referred to Committee on Urban and County Affairs.

HB 1082. By Representative Ross of the 82nd:
A bill to amend an Act abolishing the offices of tax collector and tax receiver in Warren County and creating the office of tax commissioner of Warren County, so as to change the provisions relating to the compensa tion of assistants and clerks.
Referred to Committee on Urban and County Affairs.

HB 1083. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for and reincorporating the Town of Tyrone, so as to provide for the town council composed of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

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

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

2088

JOURNAL OF THE SENATE

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 House amendment was as follows: Amend SB 149 by striking on Page 1, line 22 the following: "his"
and inserting in lieu thereof the following: "members".

Senator Holloway of the 12th moved that the Senate agree to the House amend ment to SB 149.

On the motion, 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 Coleman Coverdell Dawkins Deal

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

Land Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon (excused) Horton

Kennedy (presiding) McKenzie Scott of 2nd

Starr Trulock

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 149.

MONDAY, MARCH 4, 1985

2089

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

HR 218.

By Representatives Robinson of the 58th, Childs of the 53rd, Mangum of the 57th and others:
A resolution relative to DeKalb Junior College being acquired by the Board of Regents of the University System of Georgia.
Senate Sponsor: Senator Stumbaugh of the 55th.

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

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

Those voting in the affirmative were Senators:

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 Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Brantley Coleman

Horton Kennedy (presiding) Scott of 2nd

Starr Trulock

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

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

2090

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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.
The House amendment was as follows: Amend SB 199 on Page 2, line 31 by deleting the figure "$34,606.00"
and inserting in lieu thereof the figure "$36,606.00".
Senator Garner of the 30th moved that the Senate agree to the House amendment to SB 199.
On the motion, 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 Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kidd Land Langford

Those not voting were Senators:

Brannon (excused) Brantley Horton

Hudgins Kennedy (presiding)

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

MONDAY, MARCH 4, 1985

2091

On !he motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 199.

The President resumed the Chair.

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

HR 220.

By Representative Kingston of the 125th:
A resolution authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Tybee Island 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, im provement, and replacement of a fishing pier to be built over, under, across, or through such state owned property.

Senate Sponsor: Senator Coleman of the 1st.

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 Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram
Fincher Garner Greene Harris Harrison Hine Howard Huggins Kennedy Kidd Langford McGill

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

2092

JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Brannon (excused) Broun of 46th Foster

Gillis Holloway Horton Hudgins

Land Tolleson Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

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

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

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.

The House amendment was as follows:
Amend the Senate substitute to HB 229 by adding before the words "Per diem" on line 52 of Page 2 the following:
"No reimbursement shall be made for any postage which is used for a political newsletter."
and by adding after the word "equipment" on line 48, Page 2, the word ", postage,".

Senator Kennedy of the 4th moved that the Senate agree to the House amendment to the Senate substitute to HB 229.

On the motion, 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 Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine

MONDAY, MARCH 4, 1985

2093

Holloway Howard Huggins Kennedy Kidd
Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Bond Brannon (excused) Horton

Hudgins Land Phillips

Tolleson Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 229.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

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

The House amendment was as follows:
Amend SR 4 by adding on Page 1, line 23, after the word "Resolved", the following:
"AND ENACTED".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 4.

On the motion, 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 Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis

2094

JOURNAL OF THE SENATE

Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy

Kidd Land Langford McGill Peevy Perry Phillips Ray Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Brannon (excused) Horton

McKenzie Reddish

Tysinger

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 4.

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

HB 629.

By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to provide that there shall be an additional member appointed to the council who shall be a superior court judge.
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 Barker Barnes Bond Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton

MONDAY, MARCH 4, 1985

2095

Howard Hudgins Muggins
Kidd 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:

Bowen Brannon (excused) Garner

Harrison Land

McKenzie Walker

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

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

HB 409.

By Representatives Crosby of the 150th, Kilgore of the 42nd, Wilson of the 20th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to specify periods of time within which taxes may be assessed against persons subject to assessment; to specify general periods of time applicable to all taxes not otherwise ex pressly provided for.
Senate Sponsor: Senator Dawkins of the 45th.

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, Office of Planning and Budget

DATE:

February 6, 1985

SUBJECT: Fiscal Note--House Bill 409 (LC 14-3805) Income Tax: Assessment: Time Limitation

2096

JOURNAL OF THE SENATE

This Bill would provide for general periods of time within which taxes may be assessed against persons for all taxes which do not have specific assessment periods noted in this Code section or by this title. In cases of false or fraudulent returns filed with intent to evade tax or in cases of failure to file a return, the tax may be assessed at any time. In other cases the assessment period would be three years after the return is filed. This Bill would also authorize the Commissioner of the Department of Revenue to extend the period within which an assessment or claim for refund may be filed. This Bill would also continue specific provisions of the current law relating to income taxes, motor provisions of the current law relating to in come taxes, motor fuel taxes, and road taxes. Sales and use taxes would be assessed within the time periods specified in this Bill.

The Department of Revenue has indicated that this Bill will not have an impact on the state's revenue. The Department of Revenue has also indi cated that this Bill will not have an effect on administrative costs.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Gillis Harris Harrison Hine Holloway Horton 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

MONDAY, MARCH 4, 1985

2097

Those not voting were Senators:

Bowen
Brannon (excused) Fincher

Garner
Greene Howard

Hudgins McKenzie

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

The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Harrison of the 37th moved that the Senate insist upon the Senate substi tute to HB 81.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 81.
The following local bill was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 230 by striking from Section 1, beginning on line 15 of Page 1 and continuing through line 1 of Page 2, the following:
"(d) Each member of the board of education of Cobb County, ex cept for the chairman, shall receive an annual salary of $10,200.00, to be paid in equal monthly installments from the funds of the board of educa tion; provided, however, that on and after January 1, 1986, such mem bers shall receive an annual salary of $12,000.00, to be paid in equal monthly installments from the funds of the board of education. The

2098

JOURNAL OF THE SENATE

chairman shall receive an annual salary of $11,400.00, to be paid in equal monthly installments from the funds of the board of education; provided, however, that on and after January 1, 1986, the chairman shall receive an annual salary of $13,200.00, to be paid in equal monthly in stallments from the funds of the board of education.",
and inserting in lieu thereof the following:
"(d) Each member of the board of education of Cobb County, ex cept for the chairman, shall receive an annual salary of $10,000.00, to be paid in equal monthly installments from the funds of the board of educa tion. The chairman shall receive an annual salary of $11,000.00, to be paid in equal monthly installments from the funds of the board of education.'"

Senator Harrison of the 37th moved that the Senate agree to the House amend ment to SB 230.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 230.

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

HB 125.

By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to require that each ad valorem tax bill must contain a notice to the taxpayer concerning the taxpayer's right to file a return for the next tax year and the effect of the failure to file a return.
Senate Sponsor: Senator Dean of the 31st.

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

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

MONDAY, MARCH 4, 1985

2099

DATE:

February 4, 1985

SUBJECT: Fiscal Note--House Bill 125 Committee Substitute (LC 14-3863S) Ad Valorem Property Tax

This Bill would require that each ad valorem tax bill sent to taxpayers contain a notice concerning eligibility for homestead exemptions from ad valorem taxation and a notice that taxpayers must file an ad valorem tax return to be eligible to appeal the appraised and assessed values placed on
their property. The Bill would also require that notices of changes in the ad valorem tax sent to taxpayers include a statement of the taxpayer's right to
appeal the appraised and assessed values that have been placed on the prop erty. The Bill specifies wording which would have to be substantially fol lowed in the notices.

This Bill would have no impact on the state's revenue. Analysis by the Department of Revenue indicates that it would result in a nominal adminis
trative cost to redesign the tax bills sent to public utilities. County and city governments would incur the cost of redesigning tax bills and assessment notices and could incur a possible increase in postage costs.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

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

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

Land Langford McGill Peevy
Phillips Reddish Scott of 2nd c .. c ,,., Scott of 36th
Stumbaugh late Timmons Tolleson Trulock Turner Tysinger Walker

2100

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon (excused) Fincher

McKenzie Perry

Ray Starr

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

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

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.

Senate Sponsor: Senator Mine 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 Barnes Bowen B/antley Broun of 46th Brown of 47th
Cobb Coleman 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
Phillips Scott of 2nd Scott of 36th Starr
Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

MONDAY, MARCH 4, 1985

2101

Those not voting were Senators:

Barker Bond Brannon (excused)

Fincher Perry

Ray Reddish

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 stand in recess until 2:00 o'clock P.M. today, and the motion prevailed.
At 12:33 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M. today.
At 2:00 o'clock P.M., the President called the Senate to order.

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 632.

By Representative Connell of the 87th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition and construction of air ports and landing fields by counties or municipalities, so as to provide that lands owned by a municipality for the purposes of Code Section 6-320, which lands are located inside the territorial limits of the municipal ity, when leased to private parties are declared to be used for public purposes.
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 Barker Bond Brantley Broun of 46th Brown of 47th

Burton Coleman Coverdell Dawkins Deal English Engram

Fincher Greene Harris Harrison Hine Holloway Howard

2102

JOURNAL OF THE SENATE

Hudgins
KMlcdGd il] McKenzie

Phillips Ray Scott of 2nd Stumbaugh

Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barnes (excused cBoonwfeernee)
Brannon (excused) Bryant
Dean
Foster (excused conferee)

Garner Gillis ,,Horton
Muggins Land
Langford
Peevy Perry

Reddish Scott of 36th Scotanrfrere(eex) cused
Tate Timmons
Trulock

On the passage of the bill, the yeas were 34, nays 0.

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

HB 501.

By Representative Dixon of the 151st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to general powers of municipal corporations, so as to authorize municipal corporations to prescribe, revise, and collect rates, fees, tolls, or charges for services, facilities, or commodities of water or sewage systems made available to persons residing within the boundaries of the municipality.

Senate Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Brantley Broun of 46th Brown of 47th Burton

Coleman Coverdell English Engram Fincher Garner Gillis Greene

Harris Harrison Hine Holloway Howard Hudgins Kennedy Kidd

MONDAY, MARCH 4, 1985

2103

Langford McGill McKenzie Phillips

Ray Scott of 2nd Tolleson Trulock

Turner Tysinger Walker

Those voting in the negative were Senators:

Dawkins

Deal

Dean

Those not voting were Senators:

Baldwin Barnes (excused conferee) Bowen Brannon (excused) Bryant Cobb

Foster (excused conferee) Horton Huggins Land Peevy Perry

Reddish Scott of 36th Starr (excused conferee) Stumbaugh Tate Timmons

On the passage of the bill, the yeas were 35, nays 3.

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

HB 683.

By Representatives Cheeks of the 89th, Burruss of the 20th, Thompson of the 20th and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require that aborted human fetuses be disposed of in a dignified and sanitary manner.

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

Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Garner Gillis Greene Harris Harrison Hine Holloway Howard

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JOURNAL OF THE SENATE

Hudgins Huggins KKeidndnedy
Land
Langford McGill

McKenzie Peevy PPherilrlyips
Ray
Reddish Scott of 2nd

Stumbaugh Tolleson Tirruuilooucsk.
Turner
Tysinger Walker

Those not voting were Senators:

Baldwin Barker
Barnes (excused conferee) Bowen

Brannon (excused) Brantley
Foster (excused conferee) Horton

Scott of 36th Starr (excused
conferee) Tate Timmons

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

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

HB 793.

By Representative Richardson of the 52nd:
A bill to amend Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records in the treatment of alcoholics and drug abusers, so as to change certain exceptions.

Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

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

Coleman Coverdell Dawkins Deal Dean Engram Garner Gillis Greene Harris Harrison Hine

Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry

MONDAY, MARCH 4, 1985

2105

Phillips Ray Reddish

Scott of 2nd Stumbaugh Tolleson

Trulock Turner Walker

Those not voting were Senators:

Barnes (excused conferee)
Brannon (excused) English Fincher

Foster (excused conferee)
"orU^ ^ Starr (excused conferee)

Tate Timmons

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

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

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.

Senate Sponsor: Senator Peevy of the 48th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 474:

A BILL
To be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of corporate, record ers', mayors', or police courts, so as to authorize recorders', mayors', and police courts to sentence persons convicted of offenses against the laws of the municipal 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; 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 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of corporate, recorders', mayors', or police courts, is amended by striking Code Section 36-32-5 in its entirety and in serting in lieu thereof a new Code Section 36-32-5 to read as follows:

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JOURNAL OF THE SENATE

"36-32-5. All recorders', mayors', and police courts having authority to try offenses against the laws of the municipal corporations in which such courts are located shall have the power and authority:
(1) To impose fines upon persons convicted of such offenses, with the alternative of other punishment allowed by law, in the event that such fines are not paid;
(2) To sentence such person to community service work; or
(3) To impose a sentence consisting of any combination of the penal ties provided for in this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Bond Bowen Brantley Broun of 46th Brown of 47th Burton
Cobb
Coleman
Coverdell
Dawkins
Deal

Dean English Engram Greene Harris Harnson Hine Horton Howard Hudgins
Huggins
Kennedy
Kidd
Land
Langford

McGill McKenzie Peevy Perry Phillips ^ p ;,.. , TM1S" . Scott of 2nd Stumbaugh
Tolleson
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Barnes (excused conferee) Brannon (excused) Bryant

Fincher Foster (excused conferee)

Garner Gillis

MONDAY, MARCH 4, 1985

2107

Holloway Scott of 36th

Starr (excused conferee)

Tate Timmons

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

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

HB 407.

By Representatives Clark of the 55th, Richardson of the 52nd, Williams of the 48th and others:
A bill to amend Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement of health laws and regulations, so as to provide conditions and procedures for the abatement of public nuisances which are injurious to public health, safety, or comfort in any county of this state having a population of 450,000 or more.

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 Brantley
BBrroowunn ooff 4467tthh
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher
Garner Greene Harris
Hine Holloway Horton Howard Huggins Kennedy Kidd

Land Langford McGill
Peevy p
phmi Ray Reddish Scott of 2nd Stumbaugh Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bond

Bowen Brannon (excused)

Foster (excused conferee) Gillis

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JOURNAL OF THE SENATE

Hudgins McKenzie Scott of 36th

Starr (excused conferee) Tate

Timmons Tolleson

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

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

HB 388.

By Representative Ross of the 82nd:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to change the provisions relating to the executive di rector and employees of the commission and their membership in the State Merit System of Personnel Administration.
Senate Sponsors: Senators Foster of the 50th and Engram of the 34th.

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

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

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

Kidd Land Langford McGill Peevy Perry Phillips Ray Scott of 2nd Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bond Brannon (excused) Foster (excused conferee)

McKenzie Reddish Scott of 36th

Starr (excused conferee) Tate Timmons

MONDAY, MARCH 4, 1985

2109

On the passage of the bill, the yeas were 46, nays 0.

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

HR 199.

By Representatives Thomas of the 69th, Walker of the 115th, Copelan of the 106th and others:
A resolution providing for the erection of a historical marker at the site of the Toombs Oak on the campus of the University of Georgia.

Senate Sponsors: Senators Barnes of the 33rd and 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 Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

Those not voting were Senators:

Kidd Land Langford McGill Peevy Perry Phillips Ray Reddish Stumbaugh Tolleson Trulock Turner Tysinger Walker

Barnes (excused conferee) Bond Brannon (excused) Brantley

Foster (excused conferee) McKenzie Scott of 2nd Scott of 36th

Starr (excused conferee) Tate Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

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JOURNAL OF THE SENATE

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

HB 624.

By Representatives Kilgore of the 42nd and Crosby of the 150th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment and collec tion of income tax at the source, so as to authorize the state revenue commissioner to promulgate rules and regulations setting out circum stances under which employers shall be required to submit to the com missioner copies of income tax withholding exemption certificates re ceived from their employees.

Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barnes (excused conferee) Bond Brannon (excused)

Foster (excused conferee) McKenzie Scott of 2nd

Starr (excused conferee) Tate Timmons

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

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

MONDAY, MARCH 4, 1985

2111

HB 590.

By Representative Murphy of the 18th:
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 provide that the sales and use tax shall not apply to certain items which will be used by carriers who are both common carriers and contract carriers.

Senate Sponsor: Senator Dean of the 31st.

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

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

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 11, 1985

SUBJECT: Fiscal Note--House Bill 590 (LC 6-5463) Sales Tax: Exemption for Certain Carriers

This Bill would provide an exemption from the state sales tax for cer tain items sold to carriers who hold both common carrier and contract car rier authority. Currently the exemption is provided for sales to carriers who hold only common carrier authority.

The Department of Revenue has estimated that this Bill would reduce revenue from the state sales tax by less than $100,000. There would be no additional administrative expense to the state.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

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

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bond Brannon (excused) Dawkins

Foster (excused conferee) Holloway Langford Starr (excused conferee)

Tate Timmons Trulock

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

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

HB 940.

By Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd and others:
A bill to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competi tion and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years.
Senate Sponsor: Senator Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following substitute to HB 940:

A BILL
To be entitled an Act to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are con-

MONDAY, MARCH 4, 1985

2113

victed of or who plead guilty to certain violations involving contracts, com petitions, or conspiracies shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of five years following the date of the conviction or entry of the plea; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-10-22 of the Official Code of Georgia Anno tated, relating to conspiracy in restraint of free and open competition and conspiracy in restraint of trade in transactions with the state or political subdivisions, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) A person who is convicted of or who pleads guilty to a violation of subsection (a) or (b) of this Code section as a result of any contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction which was entered into or carried out, in whole or in part, on or after July 1, 1985, shall be ineligible to submit a bid on, enter into, or participate in any contract with any de partment, agency, branch, board, or authority of the state or any county, municipality, board of education, or other political subdivision thereof for a period of five years following the date of the conviction or entry of the plea."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry

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JOURNAL OF THE SENATE

Phillips Ray Reddish Scott of 2nd

Scott of 36th Stumbaugh Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon (excused)

Cobb Dawkins Foster (excused conferee)

Starr (excused conferee) Tate Timmons

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 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.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal English Engram

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

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

MONDAY, MARCH 4, 1985

2115

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon (excused) Dawkins

Dean Foster (excused conferee) Hudgins McKenzie

Reddish Starr (excused conferee) Tate Timmons

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

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

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

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.

Senate Sponsor: Senator Howard of the 42nd.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
BBranndtl, ey BBrroowunn ooff 4467tthh Bryant Burton Cobb Coleman Coverdell

English Engram Gillis Greene
H"aarrnr!sson HHoinreton Howard Huggins Kidd Land Langford

McGill Peevy Perry Rav
~Scott of, 2nd Sfftum" baugh Tolleson Trulock Turner Tysinger Walker

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JOURNAL OF THE SENATE

Voting in the negative was Senator Phillips.

Those not voting were Senators:

Barnes (excused

conferee)

Bwen ,

,,

BDraawnknionns (excused)

Deal Dean

Fincher Foster (excused conferee) GHoarllnoewr ay
Hudgins Kennedy (presiding)

McKenzie Reddish Starr (excused conf.eree).
Tate Timmons

On the passage of the bill, the yeas were 38, nays 1.

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

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.

Senate Sponsors: Senators Barnes of the 33rd and Trulock of the 10th.

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

Coverdell Deal Dean English Engram Gillis Greene Harris Harrison Hine Holloway Howard

Huggins Kidd Land Langford McGill McKenzie Perry Phillips Ray Scott of 2nd Scott of 36th Stumbaugh

MONDAY, MARCH 4, 1985

2117

Timmons Tolleson

Trulock Turner

Tysinger

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon (excused) Dawkins Fincher

Foster (excused conferee) Garner Horton Hudgins Kennedy (presiding)

Peevy Reddish Starr (excused conferee) Tate Walker

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

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

Senator Scott of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following local bill of the House:

HB 931.

By Representatives Mueller of the 126th and Chance of the 129th:
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.

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

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.
Senate Sponsor: Senator Howard of the 42nd.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram 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 Stumbaugh Timmons Trulock Turner Walker

Those not voting were Senators:

Barnes (excused conferee) Bowen Brannon (excused) Bryant Fincher

Foster (excused conferee) Garner Howard Kennedy (presiding)

Starr (excused conferee) Tate Tolleson Tysinger

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

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

HB 709.

By Representative Galer of the 97th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to change the provisions relative to the definition of a proprietary school; to change the provisions relative to exemptions from the "Georgia Proprietary School Act".
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Bond Brantley

MONDAY, MARCH 4, 1985

2119

Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean English Engram Fincher 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 Stumbaugh Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bowen
Brannon (excused) Broun of 46th

Dawkins Foster (excused
conferee) Garner Howard

Kennedy (presiding) Starr (excused
conferee) Tate Tolleson

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

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

The President resumed the Chair.

HB 655. By Representatives Heard of the 43rd, Murphy of the 18th, Dover of the llth and others:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers and their regulation by the Public Service Commission, so as to provide that any appeal of a decision of an employee of the commission relating to motor carriers shall be heard by the commission itself; to provide that certain matters which have previ ously been decided on appeal by an employee of the commission may be further appealed to the commission itself.
Senate Sponsor: Senator Tysinger of the 41st.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Fincher Gillis Greene Harris Hine Horton Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

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

Those not voting were Senators:

Barnes (excused conferee) Bowen
Brannon (excused) Brantley

English Foster (excused conferee) Garner Harrison

Holloway Howard Starr (excused conferee) Tate

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

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

Senator Timmons of the llth moved that the following bill of the House, having been read the third time on February 27 and placed on the Table, be taken from the Table:

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.

On the motion, the yeas were 35, nays 4; the motion prevailed, and HB 252 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

The following general bill of the House, 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:

MONDAY, MARCH 4, 1985

2121

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.
Senate Sponsor: Senator Holloway of the 12th.

Senator Holloway of the 12th moved that the Senate reconsider its action of Feb ruary 22 in adopting the following substitute to HB 463 offered by Senator Holloway of the 12th:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines and dessert wines; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-460, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $ 1.40 per liter, and a proportionate tax at the same rate on all frac tional parts of a liter;
(2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 500 per liter and on all alco hol manufactured in this state from Georgia-grown products, a tax of 700 per liter, and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state and on the manufacture of all distilled spirits manufactured in this state, a tax of $1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On the importation of all alcohol imported into this state and on the manufacture of all alcohol manufactured in this state, a tax of $ 1.40 per liter and a proportionate tax at the same rate on all fractional parts of a liter."

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JOURNAL OF THE SENATE

Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:
(1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion .that is produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 40 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(4) On dessert wines produced within the state wholly from fruits and berries grown within the state to which wine spirits produced outside the state have been added, 67< per liter and a proportionate tax at the same rate on all fractional parts of a liter; and
(5) On dessert wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 67< per liter and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-6-50 to read as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:
(1) On table wine, a tax of 40$ per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On dessert wines, a tax of 67 per liter, and a proportionate tax at the same rate on all fractional parts of a liter."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate reconsider its action of Feb ruary 22 in adopting the following amendment offered by Senators Deal of the 49th and Peevy of the 48th:

Amend the substitute to HB 463 offered by Senator Holloway of the 12th by adding after the semicolon on line 4 of Page 1 the following:
"to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to prevention of alcoholism and treatment of al coholics and intoxicated persons, so as to provide for automatic and con tinuing appropriation for the purposes of said chapter of a certain portion of the state's alcoholic beverage tax receipts and so as to provide for the putting into effect of said chapter; to provide for all related matters;".
By striking the figure "$1.00" on line 8 of Page 2 and inserting in its place the figure "$1.20".
By striking the figure "$1.40" on line 14 of Page 2 and inserting in its place the figure "$1.68".
By striking the figure "400" on line 4 of Page 4 and inserting in its place the figure "480".
By striking the figure "670" on line 7 of Page 4 and inserting in its place the figure "800".
By striking Section 3 in its entirety, renumbering Section 4 as Section 5, and inserting new Sections 3 and 4 to read as follows:
"Section 3. Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to prevention of alcoholism and treatment of alcoholics and intoxicated persons, is amended by striking Article 4 which reads as follows:
'ARTICLE 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1985; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated.',
and inserting in its place a new Article 4 to read as follows:
'ARTICLE 4
37-8-70. (a) Pursuant to the authority of Article HI, Section IX, Paragraph VI (e) of the Constitution, an amount equal to 17 percent of all money derived from certain alcoholic beverage taxes in each fiscal year is appropriated for the following fiscal year for the purposes of this chapter. Said sum is appropriated for, and shall be available for, the pur poses of this chapter, regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act. This continuing and automatic appro-

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priation of said sum shall not, however, preclude the General Assembly from appropriating for purposes of this chapter an amount greater than the sum specified above.
(b) The alcoholic beverage taxes of which a portion is continually and automatically appropriated by this Code section shall consist of the following:
(1) The state tax on distilled spirits imposed by Code Section 3-460; and
(2) The state tax on wines imposed by Code Section 3-6-50.
(c) This Code section shall apply to alcoholic beverage taxes col lected in the fiscal year beginning July 1, 1985, and in each fiscal year thereafter. The first automatic and continuing appropriation under this Code section shall be for the fiscal year beginning July 1, 1985; and such automatic and continuing appropriation shall thereafter be made for each following fiscal year.
37-8-71. To the extent that sufficient funds are available, Articles 1, 2, and 3 of this chapter shall become effective July 1, 1986. In the event that sufficient funds are not available July 1, 1986, for implementation of this chapter on a state-wide basis, the Board of Human Resources shall provide for implementation of Articles 1, 2, and 3 of this chapter in such areas of the state as funds are available for; and the board shall thereaf ter provide for implementation of Articles 1, 2, and 3 of this chapter in additional areas of the state as additional funds become available.'
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval."

On the adoption of the motion offered by Senator Holloway of the 12th to recon sider the substitute, the yeas were 38, nays 0; the motion prevailed, and the substitute to HB 463 offered by Senator Holloway of the 12th was reconsidered.

On the adoption of the motion offered by Senator Holloway of the 12th to recon sider the amendment, the yeas were 39, nays 0; the motion prevailed, and the amend ment offered by Senators Deal of the 49th and Peevy of the 48th to the substitute to HB 463 offered by Senator Holloway of the 12th was reconsidered.

Senator Deal of the 49th asked unanimous consent to withdraw the amendment offered by Senators Deal of the 49th and Peevy of the 48th, and the consent was granted.

Senator Holloway of the 12th asked unanimous consent to withdraw the substitute offered by Senator Holloway of the 12th, and the consent was granted.

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Senators Holloway of the 12th, Deal of the 49th and Greene of the 26th offered the following substitute to HB 463:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines and dessert wines; to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to prevention of alcoholism and treatment of alcoholics and intoxicated per sons, so as to provide for automatic and continuing appropriation for the purposes of said chapter of a certain portion of the state's alcoholic beverage tax receipts and so as to provide for the putting into effect of said chapter; to provide for all related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-460, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $ 1.40 per liter, and a proportionate tax at the same rate on all frac tional parts of a liter;
(2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 50 per liter and on all alco hol manufactured in this state from Georgia-grown products, a tax of 700 per liter, and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. There is levied and imposed on the first sale, use, or final delivery the following state excise taxes:
(1) On all distilled spirits, whether imported into this state or manu factured in this state, a tax of $1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On all alcohol, whether imported into this state or manufactured in this state, a tax of $1.40 per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:

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(1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 400 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(4) On dessert wines produced within the state wholly from fruits and berries grown within the state to which wine spirits produced outside the state have been added, 670 per liter and a proportionate tax at the same rate on all fractional parts of a liter; and
(5) On dessert wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 670 per liter and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-6-50 to read as follows:
"3-6-50. There is levied and imposed on the first sale, use, or final delivery of wines within this state the following taxes:
(1) On table wine, a tax of 400 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On dessert wines, a tax of 670 per liter, and a proportionate tax at the same rate on all fractional parts of a liter."
Section 3. Chapter 8 of Title 37 of the Official Code of Georgia Anno tated, relating to prevention of alcoholism and treatment of alcoholics and intoxicated persons, is amended by striking Article 4 which reads as follows:
"ARTICLE 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1985; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated.",

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and inserting in its place a new Article 4 to read as follows:
"ARTICLE 4
37-8-70. (a) Pursuant to the authority of Article HI, Section IX, Paragraph VI (e) of the Constitution, an amount equal to a portion of all money derived from certain alcoholic beverage taxes in each fiscal year is appropriated for the following fiscal year for the purposes of this chapter. Said sum is appropriated for, and shall be available for, the purposes of this chapter, regardless of whether the General Assembly enacts a gen eral appropriations Act; and said sum need not be specifically stated in any general appropriations Act. This continuing and automatic appropri ation of said sum shall not, however, preclude the General Assembly from appropriating for purposes of this chapter an amount greater than the sum specified above.
(b) The amount so continually and automatically appropriated by this Code section shall consist of the following:
(1) That portion of taxes levied on the manufacture of distilled spir its within this state which exceeds 500 per liter and that portion of taxes levied on the manufacture of alcohol in this state which exceeds 700 per liter; and
(2) That portion of taxes levied on table wines manufactured in this state which exceeds 110 per liter and that portion of taxes levied on des sert wines manufactured in this state which exceeds 270 per liter.
(c) This Code section shall apply to alcoholic beverage taxes col lected in the fiscal year beginning July 1, 1985, and in each fiscal year thereafter. The first automatic and continuing appropriation under this Code section shall be for the fiscal year beginning July 1, 1986; and such automatic and continuing appropriation shall thereafter be made for each following fiscal year.
37-8-71. To the extent that sufficient funds are available, Articles 1, 2, and 3 of this chapter shall become effective July 1, 1986. In the event that sufficient funds are not available July 1, 1986, for implementation of this chapter on a state-wide basis, the Board of Human Resources shall provide for implementation of Articles 1, 2, and 3 of this chapter in such areas of the state as funds are available for; and the board shall thereaf ter provide for implementation of Articles 1, 2, and 3 of this chapter in additional areas of the state as additional funds become available."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senators Holloway of the 12th, Deal of the 49th and Greene of the 26th, 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, 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 Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher 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 Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Brannon (excused)

Foster (excused conferee) Howard

Starr (excused conferee) Tate

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

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

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

HB 564.

By Representatives McDonald of the 12th and Russell of the 64th:
A bill to amend Code Section 3-6-50 of the Official Code of Georgia Annotated, relating to the levy and amount of state excise taxes on wine; to establish excise taxes upon the first sale, use, or final delivery within this state of all table wines.

Senate Sponsor: Senator Holloway of the 12th.

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2129

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

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 Coleman Coverdell Dawkins Deal Dean English

Engram Fincher 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 Stumbaugh Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Trulock.

Those not voting were Senators:

Barnes (excused conferee) Brannon (excused) Brantley

Bryant Foster (excused conferee) Howard

Starr (excused conferee) Tate

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

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

The following general bill of the House, 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:

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-

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itable service only for the purposes of the Georgia Legislative Retirement System.
Senate Sponsor: Senator Timmons of the llth.

Senator Coverdell of the 40th offered the following amendment:

Amend HB 252 by striking the word "to" where it appears in line 8 on Page 1 and by striking all language appearing in lines 9 through 11 on Page 1 and by striking the words "the Georgia Legislative Retirement System" where the same appear in line 12 on Page 1 and by inserting in lieu of such stricken language the following:
"to abolish the Georgia Legislative Retirement System except as ap plied to members of the General Assembly holding office on a certain date".
By striking all matter appearing in lines 14 through 23 on Page 4 and inserting in lieu thereof the following:
"(d) Notwithstanding the provisions of Chapter 6 of this title, ex cept as applied to members of the Georgia Legislative Retirement Sys tem holding office on January 1, 1986, and except as applied to members of the General Assembly becoming members of said retirement system on January 1, 1986, pursuant to subparagraph (C) of paragraph (1) of subsection (c) of this Code section, the Georgia Legislative Retirement System provided for in Chapter 6 of this title shall stand abolished on January 1, 1986."

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: W. M. Nixon, State Auditor

DATE:

February 25, 1985

SUBJECT: House Bill 252 (Amended) (AM 7 0013A) Georgia Legislative Retirement System

Under the provisions of this Bill, as amended, service as a member of the General Assembly after December 31, 1985 could only be counted as

MONDAY, MARCH 4, 1985

2131

creditable service for purposes of the Legislative Retirement System. This provision would not apply, however, to any member of the General Assem bly holding office on January 1, 1986 who was a member of the Employees' Retirement System (ERS) and who received annual compensation exceeding the average annual compensation of all ERS members during calendar year 1985. Such a member could retain ERS membership.
If such a member should have an annual compensation equal to or less than the average compensation of all ERS members during any calendar year, the member would have three options under this Bill. The member could: (1) cease to be a contributing member of ERS but retain all rights by not withdrawing employee contributions; (2) withdraw employee contribu tions from ERS, forfeit all rights under ERS, and forfeit the right to be come a member of any pension system as a member of the General Assem bly; or, (3) transfer all creditable service under ERS to the Legislative Retirement System and become an active, contributing member of the system.
The Georgia Legislative Retirement System would be abolished on Jan uary 1, 1986 except as applied to members of the Georgia Legislative Re tirement System holding office on January 1, 1986 and members of the Gen eral Assembly who become members of this retirement system on January 1, 1986 by transferring all creditable service under the Employees' Retire ment System to the Georgia Legislative Retirement System and become an active contributing member of this system.
This is to certify that this is a retirement bill having a fiscal impact. This Bill specifies, however, that its provisions are exempt from the Public Retirement Systems Standards Law, which is in accordance with constitu tional provisions passed in November, 1984.
/s/ W.M. Nixon State Auditor

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:

Albert Allgood Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell

Dawkins English Engram Gillis Greene Harris Harrison Hine Horton Howard Hudgins

Kennedy Land Langford Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin Bowen Cobb Deal Dean Fincher Foster

Garner Holloway Huggins Kidd McGill McKenzie Peevy

Perry Reddish Timmons Trulock Turner Walker

Those not voting were Senators:

Brannon (excused)

Bryant

Tate

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 33, nays 20, and the amendment was adopted.

Senator Timmons of the llth moved that the Senate reconsider its action in adopting the amendment offered by Senator Coverdell of the 40th.

On the motion, the yeas were 35, nays 1; the motion prevailed, and the amend ment offered by Senator Coverdell of the 40th was reconsidered.

Senator Allgood of the 22nd moved that HB 252 be placed on the Table.

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 Brown of 47th Coleman English Fincher

Gillis Harris Horton Hudgins Kennedy

Kidd McGill Ray Reddish Scott of 2nd

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bond

Bowen Brantley Broun of 46th Burton Cobb

Coverdell Dawkins Deal Dean Engram

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2133

Foster Garner Greene Harrison Hine Holloway Howard Huggins

Land Langford McKenzie Peevy Perry Phillips Starr

Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused)

Scott of 36th

Tate

Bryant

On the motion offered by Senator Allgood of the 22nd to Table HB 252, the yeas were 15, nays 37, and the motion was lost.

On the adoption of the amendment offered by Senator Coverdell of the 40th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Brantley

Burton Coverdell Greene Harrison Land

Those voting in the negative were Senators:

Allgood Baldwin Bowen Broun of 46th Brown of 47th Cobb Coleman Dawkins Deal Dean English Engram Fincher

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

Those not voting were Senators:

Brannon (excused) Bryant

Scott of 36th

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

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On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 14, nays 38, and the amendment was lost.

Senator Coverdell of the 40th offered the following amendment:

Amend HB 252 by inserting in line 12 on Page 1 between the word and semicolon "System;" and the word "to" the following:
"to authorize withdrawal of membership from the Georgia Legisla tive Retirement System;".
By redesignating subsection (e) where the same appears in lines 24 through 35 on Page 4 as subsection (f) and by adding between lines 23 and 24 on Page 4 a new subsection (e) to read as follows:
"(e) Notwithstanding any provisions of Chapter 6 of this title or any other law, any member of the General Assembly may withdraw from membership in the Georgia Legislative Retirement System and receive a refund of contributions to such system under Code Section 47-6-85. Any member exercising the option provided by this subsection may not at any time thereafter reestablish membership in the Georgia Legislative Retire ment System or become a member of any public retirement or pension system while serving as a member of the General Assembly."

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Paul Coverdell

State Senator

FROM: W. M. Nixon, State Auditor

DATE:

February 25, 1985

SUBJECT: House Bill 252 (Amended) (AM 7 0014B) Legislative Retirement System

Under the provisions of this Bill, service as a member of the General Assembly after December 31, 1985 could only be counted as creditable ser vice for purposes of the Legislative Retirement System. This provision would not apply, however, to any member of the General Assembly holding office

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2135

on January 1, 1986 who was a member of the Employees' Retirement Sys tem (ERS) and who received annual compensation exceeding the average annual compensation of all ERS members during calendar year 1985. Such a member could retain ERS membership.
If such a member should have an annual compensation equal to or less than the average compensation of all ERS members during any calendar year, the member would have three options under this Bill. The member could: (1) cease to be a contributing member of ERS but retain all rights by not withdrawing employee contributions; (2) withdraw employee contribu tions from ERS, forfeit all rights under ERS, and forfeit the right to be come a member of any pension system as a member of the General Assem bly; or, (3) transfer all creditable service under ERS to the Legislative Retirement System and become an active, contributing member of the system.
Any member could withdraw from membership in the Legislative Re tirement System and receive a refund of contributions. Any member who exercised this option could not at any time thereafter reestablish member ship in the Legislative Retirement System or become a member of any pub lic retirement system while serving as a member of the General Assembly.
This is to certify that this is a retirement bill having a fiscal impact. This Bill specifies, however, that its provisions are exempt from the Public Retirement Systems Standards Law, which is in accordance with constitu tional provisions passed in November, 1984.
/s/ W.M. Nixon State Auditor

On the adoption of the amendment offered by Senator Coverdell of the 40th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond Brantley Broun of 46th Burton Coleman Coverdell Dawkins Deal

English Engram Foster Gillis Greene Harris Harrison Hine Horton Howard Hudgins Kennedy

Kidd Land Peevy Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tolleson Tysinger Walker

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Those voting in the negative were Senators:

Baldwin Bowen Brown of 47th Cobb Dean

Fincher Garner Huggins Langford McGill

McKenzie Perry Timmons Trulock Turner

Those not voting were Senators:

Brannon (excused)

Holloway

Tate

Bryant

Scott of 36th

On the adoption of the amendment offered by Senator Coverdell of the 40th, the yeas were 36, nays 15, and the amendment was adopted.

Senators Allgood of the 22nd and Gillis of the 20th offered the following substi tute to HB 252:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide that service in the Gen eral Assembly by members holding office on a certain date may be counted as creditable service only for the purposes of the Georgia Legislative Retire ment System; to provide for certain exceptions; to provide requirements rela tive to the members of the General Assembly who are members of the Em ployees' Retirement System of Georgia; to provide that a person becoming a member of the General Assembly after a certain date may obtain creditable service as a member of the General Assembly only for the purposes of the Georgia Legislative Retirement System; to provide for other matters relative to the foregoing; to provide the authority for this Act; to provide that this Act is exempt from the provisions of a certain law; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to public retirement, a new Code Section 47-19 to read as follows:
"47-1-9. (a) Except as provided by subsection (b) of this Code sec tion, any member of the General Assembly holding office on January 1, 1986, may obtain creditable service for membership in the General As sembly obtained on and after that date only for the purposes of the Geor gia Legislative Retirement System, and no service as a member of the General Assembly which is obtained after December 31, 1985, by any such member shall be creditable or used as creditable service for the pur poses of any other public retirement or pension system of this state.
(b) (1) Subject to the limitations of paragraph (2) of this subsection,

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2137

the provisions of subsection (a) of this Code section shall not apply to any member of the General Assembly holding office on January 1, 1986, who:
(A) Was a member of the Employees' Retirement System of Geor gia on that date; and
(B) Received annual compensation as a member and officer of the General Assembly during calendar year 1985, on which employee contri butions to the Employees' Retirement System of Georgia were based, ex ceeding the average annual compensation of all members of the Employ ees' Retirement System of Georgia for calendar year 1985.
(2) Any member of the General Assembly subject to the provisions of paragraph (1) of this subsection who continues to receive annual com pensation on and after January 1, 1986, as a member and officer of the General Assembly exceeding the average annual compensation of all members of the Employees' Retirement System of Georgia may continue membership in said retirement system. If during any calendar year the annual compensation of any such member of the General Assembly is equal to or less than the average annual compensation of all members of the Employees' Retirement System of Georgia for that calendar year, then on the first day of January immediately following such calendar year such member of the General Assembly shall be subject to the provi sions of subsection (c) of this Code section, and for the purposes of this paragraph, any reference in said subsection (c) to January 1, 1986, shall mean the first day of January immediately following such calendar year.
(3) Subsection (a) of this Code section shall not apply to any mem ber of the General Assembly holding office on January 1, 1986, who:
(A) Was a member of the Employees' Retirement System of Geor gia on January 1, 1985;
(B) Was a member of the General Assembly on April 13, 1979, and elected not to withdraw from the Employees' Retirement System of Georgia pursuant to subsection (a) of Code Section 47-6-42;
(C) Received compensation during calendar year 1985 as a member of the General Assembly in an amount less than that specified by subparagraph (B) of paragraph (1) of this subsection; and
(D) Files with the board of trustees of the Employees' Retirement System of Georgia by not later than December 31, 1985, an agreement in writing that in the event he or she accepts employment subsequent to December 1, 1985, with any agency whose employees are members of the Employees' Retirement System of Georgia that for the purposes of said employees' retirement system, the compensation for all such service sub sequent to December 31, 1985, as such employee shall be considered as not exceeding the compensation of members of the General Assembly fixed by law during the same period, exclusive of any per diem or ex pense allowances.
(4) A member of the General Assembly subject to the provisions of paragraph (3) of this subsection who becomes an employee of an agency

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and executes the agreement provided for in subparagraph (D) of said paragraph (3) shall make employee contributions to the Employees' Re tirement System of Georgia based on the compensation of members of the General Assembly, exclusive of per diem and expense allowances.
(c) (1) Any member of the General Assembly holding office on Jan uary 1, 1986, who was a member of the Employees' Retirement System of Georgia on that date and who is not subject to the provisions of sub section (b) of this Code section may.
(A) Cease to be an active contributing member of the Employees' Retirement System of Georgia effective on January 1, 1986, and retain all rights existing on that date under the Employees' Retirement System of Georgia by not withdrawing employee contributions from said retire ment system;
(B) Withdraw employee contributions from the Employees' Retire ment System of Georgia, forfeit all rights under said system, and forfeit the right to become a member of any public retirement or pension system of this state as a member of the General Assembly; or
(C) Transfer all creditable service under the Employees' Retirement System of Georgia to the Georgia Legislative Retirement System effec tive January 1, 1986, and become an active contributing member of the Georgia Legislative Retirement System effective on that date with all creditable service thereunder which was transferred from the Employees' Retirement System of Georgia.
(2) The members of the General Assembly affected thereby shall exercise the options specified by paragraph (1) of this subsection by not later than December 1, 1985. Any such option shall be exercised by writ ten notification to the board of trustees of each retirement system af fected by the option selected. By not later than November 1, 1985, the Board of Trustees of the Employees' Retirement System of Georgia shall provide written notification of the requirements of this paragraph to each member of the General Assembly affected by the provisions of paragraph (1) of this subsection.
(d) Any person becoming a member of the General Assembly after December 31, 1985, shall be eligible to obtain creditable service as a member of the General Assembly only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the Gen eral Assembly which is obtained on or after January 1, 1986, by any such person shall be creditable or used as creditable service for the pur poses of any other public retirement or pension system of this state.
(e) The provisions of this Code section shall control over conflicting or inconsistent provisions of any other law of this state, specifically in cluding any law relating to any public retirement or pension system of this state. It is the intention of the General Assembly that this Code section may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any existing law, and any modification or repeal of the requirements of this Code section shall be accomplished only by amendment to or repeal of this specific Code section."

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Section 2. This Act is pursuant to the authority of Article III, Section X, Paragraph VI of the Constitution and pursuant to the specific authority of subparagraph (d) of said Paragraph VI, this Act is exempt from the pro visions of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the "Public Retirement Systems Standards Law."
Section 3. This Act shall become effective for administrative purposes upon its approval by the Governor or upon its otherwise becoming law. This Act shall become effective for all purposes on January 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Tom Allgood, State Senator

District 22

FROM: W. M. Nixon, State Auditor

DATE:

March 1, 1985

SUBJECT: House Bill 252 Substitute (LC 7 6059S) Legislative Retirement System

Under the provisions of this Bill, service as a member of this General Assembly after December 31, 1985 could only be counted as creditable ser vice for purposes of the Legislative Retirement System. This provision would not apply, however, to any member of the General Assembly holding office on January 1, 1986 who was a member of the Employees' Retirement Sys tem (ERS) and who received annual compensation exceeding the average annual compensation of all ERS members during calendar year 1985. Such a member could retain ERS membership.

If such a member should have an annual compensation equal to or less than the average compensation of all ERS members during any calendar year, the member would have three options under this Bill. The member could: (1) cease to be a contributing member of ERS but retain all rights by not withdrawing employee contributions; (2) withdraw employee contribu tions from ERS, forfeit all rights under ERS, and forfeit the right to be come a member of any pension system as a member of the General Assem bly; or, (3) transfer all creditable service under ERS to the Legislative Retirement System and become an active, contributing member of the system.

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The provision concerning counting service as a member of the General Assembly only for the Legislative Retirement System would also not apply to any member of the General Assembly holding office on January 1, 1986 who was a member of the ERS on January 1, 1985 and received compensa tion in 1985 which was less than the average compensation of all ERS mem bers during that year. These officeholders must have been members of the General Assembly on April 13, 1979 who did not withdraw from ERS mem bership prior to January 12, 1981. In addition, any member of the General Assembly holding office on January 1, 1986 must file a written agreement that if they accept employment after December 1, 1985 in an agency whose employees are ERS members, their compensation after December 31, 1985 would be considered as not exceeding the compensation of General Assem bly members for the same time period, exclusive of per diem or expense allowances. Those persons would contribute to the ERS based on the com pensation of members of the General Assembly.
This is to certify that this is a retirement bill which is exempt from the provisions of the "Public Retirement Systems Standards Act".
/s/ W. M. Nixon State Auditor

On the adoption of the substitute to HB 252 offered by Senators Allgood of the 22nd and Gillis of the 20th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Broun of 46th Brown of 47th Coleman English Fincher

Gillis Harris Horton Hudgins Kennedy Kidd McGill

Those voting in the negative were Senators:

Baldwin Barnes Bond Bowen Brannon Brantley Burton Cobb Coverdell Dawkins Deal

Dean Engram Foster Garner Greene Harrison Hine Holloway Howard Huggins

McKenzie Perry Ray Reddish Scott of 2nd Starr Walker
Land Langford Peevy Phillips Scott of 36th Timmons Tolleson Trulock Turner Tysinger

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Those not voting were Senators:

Bryant

Stumbaugh

Tate

On the adoption of the substitute, the yeas were 22, nays 31, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

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

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Land Langford

McGill McKenzie Peevy Perry Phillips
RIxfalyv
Scott of 2nd Scott of 36th Starr Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

English Hudgins

Kennedy Kidd

Reddish

Those not voting were Senators:

Bond Bryant

Stumbaugh

Tate

On the passage of the bill, the yeas were 47, nays 5.

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

Senator Timmons of the llth moved that HB 252 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 252 was immediately transmitted to the House.

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

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

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

Senator Dawkins of the 45th offered the following amendment:

Amend HB 712 by adding in the title on line 10 of Page 1, immediately following the word "obligation" and preceding the ";", the following:
", provided the obligation is not in default".
By adding in Section 3 on line 31 of Page 3, immediately following the word "earlier" and preceding the ".", the following:
", provided the obligation is not in default".
By adding in Section 3 on line 3 of Page 4, immediately following the word "date" and preceding the word "unless", the following:
", provided the obligation is not in default,".
By adding in Section 4 on line 17 of Page 5, immediately following the word "earlier" and preceding the ",", the following:
", provided the obligation is not in default".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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2143

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 Baldwin Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher 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 Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes (excused conferee) Bond Brannon

Foster (excused conferee) Kennedy (presiding) Land Starr (excused conferee)

Stumbaugh Tate 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.

HR 197.

By Representatives Phillips of the 120th and Porter of the 119th:
A resolution compensating Sheila J. and Kenneth A. Burns in the amount of $5,012.19.

Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Appropriations offered the following amendment:

Amend HR 197 by adding on line 5 of Page 2, immediately following the word "above" and preceding the ".", the following:

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"; provided, however, that such sum shall only be paid to such par ties on the condition that at or prior to the time of payment Sheila J. and Kenneth A. Burns shall release any and all claims against the State of Georgia, the Department of Natural Resources, and any of its employees arising out of the seizure and subsequent loss of the Ford truck".

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

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

Those not voting were Senators:

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

Barnes (excused conferee) Bond Brannon Broun of 46th

English Foster (excused conferee) Garner Kennedy (presiding)

Starr (excused conferee)
Stumbaugh Tate Timmons

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

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

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2145

HR 224.

By Representative Burruss of the 20th:
A resolution compensating Ms. Christine Carol Hamby in the amount of $2,600.00.

Senate Sponsor: Senator Dean of the 31st.

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

The resolution, involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Fincher 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 Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Bond Brannon Broun of 46th

English Foster (excused conferee) Garner Kennedy (presiding)

Starr (excused conferee) Stumbaugh Tate
Timmons

On the adoption of the resolution, the yeas were 44, 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 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 5:00 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.

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Senate Chamber, Atlanta, Georgia Tuesday, March 5, 1985
Thirty-eighth Legislative Day

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

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

Senator Bryant of the 3rd moved that the Senate reconsider its action of March 4 in passing the following local bill of the House:

HB 931.

By Representatives Mueller of the 126th and Chance of the 129th:
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.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 931 was reconsidered.

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

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

Mr. President:

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

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.

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2147

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

HB 762. By Representative Bostick of the 138th: A bill to create a board of elections and registration in Tift County.

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.

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

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 679.

By Representative Smith of the 152nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to authorize barbershops to employ certain persons without being required to be licensed as beauty shops or salons; to change the requirements for a license to teach barbering.

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

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.

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

HR 22. By Representative Sinkfield of the 37th: A resolution compensating Eddie Hammonds, Jr.

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

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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 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 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 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 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.

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.

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,

TUESDAY, MARCH 5, 1985

2149

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.

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 of February of each year as "Law Enforcement Officer Appre ciation Day" in Georgia; to provide for other matters relative thereto.

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

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.

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.

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.

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.

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

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 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.

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

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

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.

The House adheres to 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 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.

The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Oliver of the 1st and Copelan of the 106th.

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

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.

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

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.

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

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-

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forcement by the Department of Labor; to create the Advisory Board on Amusement Ride Safety to consult with the Department of Labor.

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."

The House insists on its position in amending the following resolution of the Senate:

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 House has agreed to the Senate amendment to the House amendment to the following resolution of the Senate:

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 House adheres to its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Aiken of the 21st, Colbert of the 23rd and Greer of the 39th.

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

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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.

The House recedes from its position in disagreeing to the Senate amendment to the following resolution of the House:

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

SR 226. By Senator Harris of the 27th:
A resolution urging and requesting the United States Department of Transportation and the Federal Highway Administration to allow the use of certain specified trucks on the interstate system of highways in the State of Georgia until April 1, 1988.
Referred to Committee on Transportation.

SR 229. By Senators Starr of the 44th, Barnes of the 33rd and Howard of the 42nd:
A resolution urging the Congress of the United States to reject the Presi dent's Fiscal Year 1986 budget proposal to cap the growth of federal Medicaid expenditures and to distribute funds based on a state's propor tional share in 1984.
Referred to Committee on Rules.

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

Mr. President:

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

SR 199. Do pass. SR 203. Do pass.

HB 27. Do pass as amended. HB 175. Do pass.

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Respectfully submitted, Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Defense & Veterans Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 565. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 711. Do pass. HB 822. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 85. Do pass by substitute. HB 174. Do pass.

HB 309. Do pass. HB 735. 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

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the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 74. Do pass. HB 59. Do pass.

HB 710. Do pass. HB 630. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:
*
The Committee on Public Safety has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 163. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

HB 274. Do pass by substitute. HB 464. Do pass.

HB 885. Do pass by substitute.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the fol lowing recommendations:

SR 7. Do pass. SR 38. Do pass. SR 116. Do pass. SR 120. Do pass. SR 126. Do pass. SR 128. Do pass.

SR 132. Do pass. SR 150. Do pass. SR 151. Do pass. SR 164. Do pass. SR 165. Do pass. SR 171. Do pass.

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SR 174. Do pass. SR 175. Do pass. SR 181. Do pass.

SR 193. Do pass. SR 201. Do pass.
Respectfully submitted, Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 705. Do pass by substitute.
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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 535. HB 579. HB 626. HB 627. HB 640. HB 825. HB 842. HB 913. HB 915. HB 941. HB 943. HB 949. HB 953. HB 956. HB 957. HB 965. HB 976.

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

HB 977. HB 982. HB 992. HB 995. HB 1006. HB 1010. HB 1011. HB 1012. HB 1013. HB 1014. HB 1015. HB 1016. HB 1017. HB 1018. HB 1019. HB 1020. HB 1024.

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.

TUESDAY, MARCH 5, 1985

2157

HB 1025. HB 1026. HB 1027. HB 1028. HB 1029. HB 1031. HB 1032. HB 1033. HB 1036. HB 1037. HB 1038. HB 1039. HB 1040. HB 1044.

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

HB 1045. HB 1048. HB 1049. HB 1050. HB 1051. HB 1052. HB 1053. HB 1054. HB 1055. HB 1056. HB 1057. HB 1058. HB 1059.

Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass as amended. 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 bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1061. HB 1062. HB 1063. HB 1065. HB 1067. HB 1069. HB 1070. HB 1071.

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

HB 1075. HB 1076. HB 1077. HB 1078. HB 1080. HB 1082. HB 1083. HR 312.

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

SR 7. By Senator Kidd of the 25th:
A resolution creating the Starring in Mental Health Facilities Study Committee.

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.

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.

SR 120.

By Senator Broun of the 46th:
A resolution creating the Senate Motor Vehicle Inspection Study Committee.

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.

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.

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.

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.

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.

TUESDAY, MARCH 5, 1985

2159

SR 163. By Senators Coverdell of the 40th, Albert of the 23rd and Tolleson of the 32nd:
A resolution relative to driver improvement clinics.

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.

SR 165. By Senators Horton of the 17th and Kidd of the 25th: A resolution creating the Senate Drug Classification Study Committee.

SR 171. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry Study Committee.

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.

SR 175. By Senators Garner of the 30th and Harrison of the 37th:
A resolution creating the Senate Emergency Medical Services Study Committee.

SR 181. By Senator Kidd of the 25th: A resolution creating the Senate Merit System Study Committee.

SR 193. By Senator Holloway of the 12th:
A resolution creating the Long Distance Telecommunications Study Committee.

SR 199. By Senators Scott of the 2nd, Langford of the 35th, Hudgins of the 15th and others:
A resolution relative to child sexual abuse protocols in DeKalb County, Houston County, Hall County, Spalding County, Cobb County and Lowndes County.

SR 201.

By Senators Kidd of the 25th, Kennedy of the 4th, Bowen of the 13th and Garner of the 30th:
A resolution creating the Law Enforcement Officer Salary Incentive Study Committee.

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SR 203. By Senator Garner of the 30th: A resolution relative to Youth Art Month in Georgia.

HB 27. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses.

HB 59. By Representative Bray of the 91st:
A bill to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court.

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 re strictions on serving in a fiduciary capacity, so as to specify the qualifica tions for the office of judge of the probate court.

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.

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 175.

By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith.

TUESDAY, MARCH 5, 1985

2161

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 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 464.

By Representatives Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council.

HB 565.

By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd and others:
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.

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.

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HB 710.

By Representatives Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th and others:
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 change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree.

HB 711.

By Representative Murphy of the 18th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.

HB 735.

By Representative Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclu sive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will.

HB 822.

By Representatives Bray of the 91st, Moultrie of the 93rd, Greene of the 130th and others:
A bill to amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies in party nomi nations; to provide for the reopening of qualification for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary.

HB 885.

By Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd and others:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Stan dards Council.

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 Cobb Coleman

Deal English Engram Fincher Gillis Greene

Harris Hine Holloway
Horton
Huggins Kennedy Kidd Land

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2163

La ng ford McGill McKenzie Peevy Perry Phillips Ray

Reddish Scott of 36th Starr Tolleson Trulock Tysinger Walker

Those not answering were Senators:

Bond Bowen
CoSen Dawkins Dean

Foster Garner
Howard Hudgins

Scott of 2nd Stumbaugh
Timmons Turner

Senator Holloway of the 12th introduced the chaplain of the day, Reverend H. B. Johnson, pastor of the Friendship Baptist Church, Albany, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 222.

By Senator Hudgins of the 15th:
A resolution commending the Southern Legislative Conference and the Southern Governors' Association.

SR 223. By Senators Garner of the 30th and Kennedy of the 4th:
A resolution recognizing "Georgia Correctional Officers' Week" in Georgia.

SR 225. By Senators Broun of the 46th and Foster of the 50th: A resolution commending the Southeast Tourism Society.

SR 227. By Senator Howard of the 42nd: A resolution commending Dr. George Peddy Cuttino.

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SR 228. By Senator Bowen of the 13th: A resolution recognizing Mrs. Esther F. Garrison.

SR 230.

By Senators Bond of the 39th, Scott of the 2nd, Scott of the 36th and Langford of the 35th:
A resolution expressing appreciation to the women of the telephone center for their dedicated assistance during the 1985 regular session.

SR 232.

By Senators Tysinger of the 41st, Coleman of the 1st, Kidd of the 25th and others:
A resolution commending and congratulating Coach Bobby Cremins and the Georgia Tech Basketball Team.

The following local, uncontested bills and resolutions 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, March 5, 1985
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*SB 287

Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th City of Powder Springs Cobb County
Amends Act providing new charter for city; provides for powers and du ties of mayor. (SUBSTITUTE)

SB 288 Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd Burton, 5th DeKalb County

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2165

Continues amendment providing that General Assembly shall have au thority to create and establish districts from which members of Board of Education shall be elected and provides manner of elections; provide for authority for this Act.

SB 289 Howard, 42nd Stumbaugh, 55th Burton, 5th Tysinger, 43rd Walker, 43rd DeKalb County
Continues amendment directing county authorities of said county to levy tax not to exceed one mill for educational purpose; provides authority for this Act.

HB 876 Turner, 8th Echols County
Amends Act amending, revising, superseding, and consolidating laws cre ating and governing Board of Commissioners of said county; changes compensation of members of Board of Commissioners.

HB 912 Engram, 34th City of Union City Fulton County
Amends Act providing new charter for city; provides for appointment of associate judge of municipal court.

HB 933

McGill, 24th Lincoln County
Amends Act creating board of commissioners; changes compensation of chairman of board of commissioners.

HB 935 Perry, 7th Tift County
Amends Act creating board of commissioners; provides for a bid system for purchases and contracts by county.

HB 944 Brannon, 51st City of Morganton Fannin County
Amends Act incorporating Town of Morganton; changes terms of office of mayor and councilmen.

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HB 947

Cobb, 28th Spalding County
Amends Act consolidating office of tax receiver and tax collector; changes compensation of tax commissioner.

HB 948

Horton, 17th Butts County
Amends Act creating board of commissioners of said county; provides for five-member board of commissioners.

HB 950 Gillis, 20th English, 21st Washington County
Amends Act placing tax commissioner upon an annual salary; changes compensation of tax commissioner.

HB 951

Gillis, 20th Johnson County
Amends Act placing judge of Probate Court on a salary system; provides for clerical assistance for that judge.

HB 952 Gillis, 20th City of Tennille Washington County
Amends Act providing new charter for city; provides for city elections.

HB 954 Gillis, 20th Johnson County
Amends Act incorporating Town of Kite; changes number of councilmen.

HB 958

Garner, 30th City of Douglasville Douglas County
Amends Act creating new charter for city; changes provisions relating to election of mayor and councilmen.

HB 964 Baldwin, 29th Garner, 30th Carroll County
Provides for special election to determine whether members of board of education of said county school district shall be elected rather than ap pointed.

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2167

HB 970 Perry, 7th Clinch County
Provides for reapportionment of board of education of said county.

HB 973

Deal, 49th Brantley, 56th Forsyth County
Amends Act creating Etowah-Forsyth Water Authority; authorizes au thority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities.

HB 974 Deal, 49th Brantley, 56th Forsyth County
Provides for compensation of chairman and members of board of educa tion.

HB 978

Hine, 52nd Floyd County
Amends Act known as "Floyd County Merit System Act"; provides for additional exemptions from coverage under merit system.

HB 979 Hine, 52nd City of Rome Floyd County
To provide for investigators for office of district attorney of Rome Judi cial Circuit.

HB 980

Hine, 52nd Floyd County
Amends Act providing for method of filling vacancies in membership of Hospital Authority of said county; changes method of filling such vacan cies.

HB 981

McGill, 24th Warren County
Amends Act providing for board of commissioners; changes provisions relating to compensation and expense allowance of chairman of board of commissioners.

HB 984 Cobb, 28th Spalding County
Amends Act creating board of commissioners; implements results of

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"straw ballot" election held in said county, wherein a majority of those voting expressed their desire to increase membership of board of commis sioners of said county from three to five members.

HB 985 Cobb, 28th Spalding County
Provides for salary and compensation of chief magistrate of Magistrate Court.

HB 986 Dawkins, 45th Newton County
Continues amendment creating Newton County Industrial Development Authority.

HB 987

Harris, 27th Lamar County
Amends Act providing for Magistrate Court of county; provides for col lection of additional costs as law library fees.

HB 988

Horton, 17th Butts County
Amends Act providing for Magistrate Court; provides for collection of additional costs as law library fees.

HB 993

Horton, 17th Henry County
Provides for election of members of board of education from districts; provides for residence requirements.

HB 994 Horton, 17th Henry County
Provides for creation of one or more community improvement districts in said county and in each municipality therein.

HB 996 Cobb, 28th Coweta County
Amends Act providing for composition of Board of Education of said county and for election and terms of office of members thereof; makes technical correction in and to clarify certain provisions of said Act.

HB 1003 Brown, 47th Hart County
Continues amendment which relates to creation, powers, authority,

TUESDAY, MARCH 5, 1985

2169

funds, purposes, and procedures of Hart County Industrial Building Au thority.

*HR 232

Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd Burton, 5th DeKalb County
Creates DeKalb County Land Use Study Commission to study matters relating to implementation and enforcement of land use plan for said county. (AMENDMENT)

HB 535 Dean, 31st Hine, 52nd Bartow County
Amends Act creating office of commissioner; changes compensation of commissioner.

*HB 579

Allgood, 22nd Albert, 23rd Richmond County
Provides for membership of board of Richmond County Hospital Author ity. (SUBSTITUTE)

HB 626 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
To continue amendment which related to creation of current Recorder's Court of said county and its jurisdiction in incorporated and unincorpo rated areas of county.

HB 627

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment which related to jurisdiction of Recorder's Court to take pleas of guilty and nolo contendere and to impose sentence in misdemeanor cases.

HB 640 Engram, 34th Langford, 35th D. Scott, 36th Tate, 38th Bond, 39th

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Coverdell, 40th Howard, 42nd Stumbaugh, 55th Fulton County City of Atlanta
To amend Code known as the "Urban Residential Finance Authorities Act for large municipalities" (municipalities of this state having a popu lation of 400,000 or more according to the United States decennial cen sus of 1980 or any future such census), changes provisions relating to certain definitions.

HB 825 Engram, 34th Langford, 35th D. Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Brantley, 56th Fulton County City of Atlanta
Amends Act creating City of Atlanta and Fulton County Recreation Au thority; changes provisions relating to definition of word "project"; changes provisions relating to purposes of Authority; authorizes city and county to contract with Authority.

HB 842 Trulock, 10th City of Bainbridge Decatur County
Amends Act creating new charter for city; changes number of aldermen of city.

*HB 965

Brantley, 56th Tolleson, 32nd Harrison, 37th Barnes, 33rd Cobb County
Amends Act creating State Court; changes compensation of judges of state court. (SUBSTITUTE)

HB 976

Trulock, 10th Decatur County
Abolishes present mode of compensating judge of Probate Court; known as fee system; provides in lieu thereof an annual salary.

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2171

HB 977 Muggins, 53rd Fincher, 54th Catoosa County
Amends Act placing judge of Probate Court and clerk of Superior Court of said county on an annual salary in lieu of fees.

HB 982 Trulock, 10th Bowen, 13th Colquitt County
Continues amendment which relates to assessment and collection of li cense fees and occupational taxes by board of commissioners.

HB 992 Hudgins, 15th Land, 16th Muscogee County
Amends Act creating Muscogee County School District; changes provi sions relative to public art galleries; authorizes sale of property used for public art galleries and museum under certain conditions.

HB 995

Cobb, 28th Coweta County
Provides for nonpartisan nomination and election of judge of Magistrate Court.

HB 1006

Hudgins, 15th Land, 16th Muscogee County
To repeal Act providing annual salary for coroner in all counties of this state having population of not less than 165,000 or more than 175,000 according to United States decennial census of 1970 or any future such census in lieu of all fees or other emoluments.

HB 1010

Horton, 17th Starr, 44th Clayton County
Amends Act creating board of commissioners of said county; changes provisions relative to compensation of chairman and other members of board.

HB 1011

Horton, 17th Starr, 44th Clayton County
Amends Act creating State Court; increases salary of solicitor of said court; provides that governing authority shall pay to solicitor of said

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JOURNAL OF THE SENATE

court a sum equal to contributions required for solicitors under Trial Judges and Solicitors Retirement Fund.

HB 1012

Horton, 17th Starr, 44th Clayton County
Amends Act providing for supplement to salaries of judges of Superior Court of Clayton Judicial Circuit; changes county supplement to state salary of said judges.

HB 913

Barnes, 33rd City of Austell Cobb County
Amends Act amending, revising, consolidating, and superseding several Acts incorporating the Town of Austell and reincorporating said town as a city; changes corporate limits of city.

HB 915

Engram, 34th Langford, 35th D. Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Brantley, 56th Fulton County
Amends Act providing for establishment of county-wide library system in said county; changes provisions relating to special district for library ser vices within that portion of city of Atlanta lying within DeKalb County; changes provisions relating to ad valorem tax within such special district.

HB 941

Harrison, 37th Brantley, 56th Barnes, 33rd Tolleson, 32nd Cobb County
Amends Act creating State Court; changes amount of bond which clerk of State Court shall post.

HB 943

Reddish, 6th City of Baxley Appling County
Amends Act reincorporating and providing new charter for city; changes composition of city council and method of electing councilmen.

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2173

HB 949 Gillis, 20th English, 21st Washington County
Amends Act creating board of commissioners; provides for board, its members, and chairman.

HB 953 English, 21st City of Sandersville Washington County
Amends Act creating charter for city; provides city elections.

HB 956 Harrison, 37th Tolleson, 32nd Barnes, 33rd City of Marietta Cobb County
Amends Act creating Downtown Marietta Development Authority; en larges the Downtown Marietta District.

*HB 957

Engram, 34th Langford, 35th D. Scott, 36th Tate, 38th Bond, 39th Coverdell, 40th Howard, 42nd Stumbaugh, 55th Fulton County City of Atlanta
Amends Act reincorporating city in counties of Fulton and DeKalb and creating new charter for city; authorizes city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipality pursuant to the "Redevelopment Powers Law". (AMEND MENT)

HB 1013

Horton, 17th Starr, 44th Clayton County
Amends Act creating State Court; changes provisions relating to com pensation of judges of said court.

HB 1014

Horton, 17th Starr, 44th Clayton County
Amends Act providing for county supplement of state salary of district attorney of Clayton Judicial Circuit; changes amount of said supplement.

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JOURNAL OF THE SENATE

HB 1015

Horton, 17th Starr, 44th Clayton County
Amends Act placing judge of Probate Court of said county on an annual salary; changes compensation of said officer.

HB 1016

Horton, 17th Starr, 44th Clayton County
Amends Act placing sheriff and clerk of Superior Court of said county on an annual salary; changes compensation of said officers.

HB 1017

Horton, 17th Starr, 44th Clayton County
Amends Act known as "Clayton County Civil Service System Act", changes provisions relating to compensation of members of civil service board.

HB 1018

Horton, 17th Starr, 44th Clayton County
Amends Act providing for compensation of coroner.

HB 1019

Horton, 17th Starr, 44th Clayton County
Amends Act consolidating office of tax receiver and tax collector into office of tax commissioner; changes provisions relative to compensation of tax commissioner.

HB 1020

Reddish, 6th Brantley County
Amends Act abolishing present mode of compensating clerk of superior court, judge of probate court, and tax commissioner of said county; pro vides in lieu thereof annual salaries of such officers; changes provisions relating to compensation of such officers.

HB 1024

Engram, 34th Fayette County
Amends Act creating office of tax commissioner; changes compensation of tax commissioner.

TUESDAY, MARCH 5, 1985

2175

HB 1025

Engram, 34th Fayette County
Amends Act abolishing fee system of compensation for clerk of Superior Court and provides annual salary in lieu thereof; changes compensation of clerk of Superior Court.

HB 1026

Engram, 34th Fayette County
Amends Act abolishing fee system of compensation for judge of Probate Court and provides annual salary in lieu thereof; changes compensation of judge of Probate Court.

HB 1027

Engram, 34th Fayette County
Amends Act abolishing fee system of compensation for sheriff and pro viding annual salary in lieu thereof; changes compensation.

HB 1028

English, 21st Burke County
Provides for election of members of Burke County board of education; provides for five education districts.

*HB 1029

English, 21st Glascock County
Abolishes present mode of compensating clerk of Superior Court, known as fee system; provides in lieu thereof an annual salary pursuant to gen eral law. (SUBSTITUTE)

HB 1031

Kennedy, 4th Candler County
Amends Act creating board of commissioners; provides for increase in number of members of board of commissioners.

HB 1032

Tolleson, 32nd Barnes, 33rd Harrison, 37th City of Marietta Cobb County
Amends Act reincorporating city; changes corporate limits of city.

HB 1033

Dean, 31st Polk County
Provides new board of education; provides for election of members of board of education.

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JOURNAL OF THE SENATE

HB 1036

Howard, 42nd Burton, 5th Walker, 43rd Tysinger, 41st Stumbaugh, 55th DeKalb County
Continues amendment which authorizes board of commissioners of DeKalb County to pass ordinances, resolutions, rules and regulations per mitting payment not in excess of $200.00 to owners of personal property injured, damaged, or destroyed by employees of said county.

HB 1037

Huggins, 53rd Fincher, 54th Catoosa County
Amends Act implementing constitutional amendment creating Catoosa County Development Authority; changes manner of selecting members of authority.

HB 1038

Albert, 23rd McGill, 24th Columbia County
Amends Act creating board of commissioners; changes provisions relat ing to compensation of members of board.

HB 1039

Ray, 19th Jeff Davis County
Amends Act providing for election of members of board of education; provides for districts from which members of board of education shall be elected and to change provisions relative to election of such members.

HB 1040

Gillis, 20th Lyons County
Continues amendment which relates to creation, powers, authority, funds, purposes, and procedures of Lyons Development Authority.

HB 1044

Brown, 47th Banks County
Amends Act consolidating offices of tax receiver and tax collector of said county into office of tax commissioner; changes compensation of tax com missioner.

HB 1045

McKenzie, 14th Taylor County
Amends Act providing for board of commissioners; provides for reapportionment of commissioner districts.

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HB 1048

Harris, 27th Lamar County
Amends Act creating board of commissioners; provides for chairman and four other members of board of commissioners.

HB 1049

Brannon, 51st Gilmer County
Amends Act consolidating offices of tax receiver and tax collector into office of tax commissioner; changes compensation and commissions of said tax commissioner.

HB 1050

Tolleson, 32nd Barnes, 33rd Harrison, 37th City of Marietta Cobb County
Amends Act creating Downtown Marietta Development Authority; en larges Downtown Marietta District.

*HB1051

Barnes, 33rd Tolleson, 32nd Brantley, 56th Harrison, 37th Cobb County
Amends Act creating State Court; changes compensation provisions re lating to chief deputy clerk and clerk; changes compensation provisions relating to chief assistant solicitor and assistant solicitors. (AMEND MENT)

*HB 1052

Langford, 35th City of College Park Fulton County
Amends charter of city; modifies provisions relating to ad valorem taxa tion. (AMENDMENT)

HB 1053

Langford, 35th City of College Park Fulton County
Amends charter of city; increases amount of homestead exemption from city ad valorem taxation to resident homeowner in city.

HB 1054

Foster, 50th Dawson County
Amends Act creating office of tax commissioners; changes compensation of tax commissioner.

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HB 1055

Foster, 50th Dawson County
Amends Act placing clerk of Superior Court and judge of Probate Court upon an annual salary; changes compensation of said clerk and judge.

HB 1056

Timmons, llth Seminole County
Amends Act creating office of tax commissioner; changes provisions re lating to compensation of tax commissioner.

HB 1057

Timmons, llth Seminole County
Amends Act providing for compensation of judge of probate court; changes provisions relating to compensation of judge of probate court.

HB 1058

Timmons, llth Seminole County
Amends Act providing for compensation of clerk of superior court of said county; changes provisions relating to compensation of clerk of superior court.

HB 1059

Timmons, llth Seminole County
Amends Act providing for compensation of sheriff; changes provisions re lating to compensation of sheriff.

HB 1061

Brown, 47th Banks County
Amends Act creating Banks County board of commissioners; changes compensation of chairman and other members of board of commission ers.

HB 1062

Horton, 17th Starr, 44th Clayton County
Amends Act providing salary for official court reporter of Clayton Judi cial Circuit; changes compensation of official court reporters of Clayton Judicial Circuit.

HB 1063

Horton, 17th Starr, 44th Clayton County
Provides that magistrates of Magistrate Court shall post bond or surety

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with governing authority conditioned upon faithful discharge of their du ties as magistrates.

*HB 1065

Horton, 17th Starr, 44th Clayton County
Amends Act creating State Court; changes deposits for advance costs. (SUBSTITUTE)

HB 1067

Gillis, 20th Laurens County
Amends Act consolidating office of tax receiver and tax collector into office of tax commissioner; changes compensation of tax commissioner.

HB 1069

Ray, 19th City of Hazlehurst Jeff Davis County
Amends Act providing new charter for city; establishes and defines wards within city for purpose of electing members of board of commissioners.

HB 1070

Trulock, 10th City of Thomasville Thomas County
Continues amendment which relates to creation and powers and adminis tration of Thomasville Payroll Development Authority.

HB 1071

Trulock, 10th Thomas County
Continues amendment which relates to selection and service of board of education and school superintendent of said county.

HB 1075

Cobb, 28th City of Grantville Coweta County
Provides new charter for city; provides for corporate limits of said city.

HB 1076

Foster, 50th City of Clarkesville Habersham County
Amends Act creating new charter for city; changes date of election of certain officials.

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HB 1077

Foster, 50th White County
Continues amendment providing for election of members of Board of Ed ucation.

HB 1078

Foster, 50th White County
Continues amendment creating body corporate and politic to be known as "White County Industrial Building Authority".

HB 1080

Cobb, 28th City of Moreland Coweta County
To create new charter for Town of Moreland.

HB 1082

McGill, 24th Warren County
To amend Act abolishing offices of tax collector and tax receiver in said county and creating office of tax commissioner; changes provisions relat ing to compensation of assistants and clerks.

HB 1083

Engram, 34th City of Tyrone Fayette County
Amends Act creating new charter for and reincorporating Town of Tyrone; provides for town council composed of mayor and councilmen.

HR 312

Baldwin, 29th Garner, 30th Carroll County
Creating Carroll County Government Authority Study Commission.

The amendments and substitutes to the following bills and resolution were put upon their adoption:
*SB 287:

The Senate Committee on Urban and County Affairs offered the following substi tute to SB 287:

A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760),

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as amended, so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is amended by adding at the end of Section 1.02 the following to describe territory added to the city:
"All those tracts and parcels of land described as follows:
Tract No. 1
ALL THAT TRACT or parcel of land lying and being in Land Lots 979 and 980 of the 19th District, 2nd Section, Cobb County, Georgia, according to plat of survey prepared by Kenco Engineering and Survey ing Co., Inc., dated 12/12/80, and being more particularly described as follows:
BEGINNING at a point on the Northeasterly right-of-way of High way 278 (60 foot right-of-way) 526.0 feet Southeasterly of the intersec tion of the Northeasterly right-of-way of Highway 278 with the North land lot line of Land Lot 979 of said District and Section as measured along the Northeasterly right-of-way of Highway 278; thence running North 80 42' 47" East 180.0 feet to a point and corner; thence running North 16 41' 44" East 41.04 feet to a point and corner; thence running South 1 ' 49' 47" West 157.05 feet to a point and corner; thence running North 87 39' 58" West 162.19 feet to a point on the Northeasterly right-of-way of Highway 278; thence running North 15 15' 00" West along the Northeasterly right-of-way of Highway 278, 85 feet to a point and corner at the POINT OF BEGINNING.
Tract No. 2
ALL THAT TRACT or parcel of land lying and being in Land Lots 979 and 980 of the 19th District, 2nd Section, Cobb County, Georgia, according to plat of survey prepared by Kenco Engineering and Survey ing Co., Inc., dated May 28, 1980, and being more particularly described as follows:
BEGINNING at a point on the Northeasterly right of way of High way 278 (60 foot right of way) 611 feet Southeasterly of the intersection of the Northeasterly right of way of Highway 278 with the North land lot line of Land Lot 979 of said District and Section as measured along the Northeasterly right of way of Highway 278; thence running South 87 39' 58" East 550 feet to an iron pin placed; thence running North 02 38' 28" East 200 feet to an iron pin placed; thence running South 88 05' 37" East 346.53 feet to an iron placed; thence running South 01 32' 08" West 399.09 feet to an iron pin found; thence running North 87 14' 21" West 842.90 feet to an iron pin placed on the Northeasterly right of way of Highway 278; thence running North 15" 15' 00" West along the Northeasterly right of way of Highway 278, 199.51 feet to an iron pin placed at the POINT OF BEGINNING."

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Section 2. 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.

*HR 232:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HR 232 by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. The chairperson and vice-chairperson of the commission shall be designated by the chairperson of the DeKalb County Senate del egation and House of Representatives delegation. The commission shall meet on the call of the chairperson."

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

*HB 579:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 579:

A BILL
To be entitled an Act to provide for the membership of the board of the Richmond County Hospital Authority; to provide for the appointment of members of the board; to provide for filling vacancies; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Except as provided in subsection (b) of this section, members of the board of the Richmond County Hospital Authority who were serving on the board on January 1, 1985, shall serve for the remainder of the terms to which they were appointed and until their successors are appointed and qualified.
(b) The two members of the board whose terms expired December 31, 1984, shall serve until their successors are appointed and qualified under this Act.
Section 2. The successor to one of the two members of the board whose

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term expired December 31, 1984, shall be appointed by the governing au thority of Richmond County. The one member appointed under this section and successors to such member shall be a member of the governing author ity of Richmond County.
Section 3. The successor to one of the two members of the board whose term expired December 31, 1984, successors to the two members of the board whose terms expire December 31, 1985, successors to the two mem bers of the board whose terms expire December 31, 1986, and successors to the three members of the board whose terms expire December 31, 1987, shall be appointed by the governing authority of Richmond County from lists of the names of eligible persons submitted by the board of the Rich mond County Hospital Authority. For each position on the board to be fil led, a list of the names of three persons shall be submitted to the governing authority of Richmond County. The governing authority shall select one of the three persons named to succeed the member whose term has expired.
Section 4. Members of the board appointed under Sections 2 and 3 of this Act and successors of such members shall serve for terms of office of four years and until their successors are appointed and qualified as provided and using the procedures in Section 2 or Section 3 of this Act, as the case may be.
Section 5. If a vacancy occurs for any reason, a qualified person shall be appointed to serve for the remainder of the unexpired term and until his successor is appointed and qualified using the procedures set forth in Section 2 or Section 3 of this Act, as the case may be.
Section 6. 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.

*HB 965:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 965:

A BILL
To be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4387), so as to change the compensation of the judges of the state court; to change the compensation of associate judges of the second division; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Cobb County, approved

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March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4387), is amended by striking from Section 23 the following:
"The salary of the judges of the State Court of Cobb County shall be $47,862.00 per annum.",
and inserting in lieu thereof the following:
"The salary of the judges of the State Court of Cobb County shall be $53,606.00 per annum."
Section 2. Said Act is further amended by striking the first sentence of Section 2-3 of said Act which reads as follows:
"Each associate judge shall receive an annual salary of $29,000.00 to be paid in equal monthly installments from funds of Cobb County.",
and inserting in lieu thereof the following:
"Each associate judge shall receive an annual salary of $40,000.00 to be paid in equal monthly installments from funds of Cobb County."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

*HB 957:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 957 by striking from lines 3 and 4 of Page 2 the following: "and corporations",
and inserting in its place the following: "corporations, and business entities".
By striking from line 6 of Page 3 the following: "effective date of HB 430",
and inserting in its place the following:

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"later of the effective date of HB 430 or the date the results of the election pursuant to this section are certified to the Secretary of State".

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

*HB 1029:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 1029:

A BILL
To be entitled an Act to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee sys tem; to provide in lieu thereof an annual salary pursuant to general law; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employ ment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for other matters relative to the foregoing; to repeal an Act providing a supplement to the compensation of the clerk of the Superior Court of Glascock County, approved April 6, 1981 (Ga. L. 1981, p. 3993); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The present method of compensating the clerk of the Supe rior Court of Glascock County, known as the fee system, is abolished. The clerk of the superior court shall receive an annual salary as prescribed by the applicable provisions of Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, as such provisions are now or hereafter amended.
Section 2. After the effective date of this Act, said officer shall dili gently and faithfully undertake to collect all fees, fines, forfeitures, commis sions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed said officer as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys, and shall pay the same into the county treasury on or before the fifteenth of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement of all such funds re ceived during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money col lected and the source thereof.
Section 3. The clerk of the superior court shall have the authority to

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appoint such deputies, clerks, and assistants, and other personnel as said officer shall deem necessary to discharge the official duties of the clerk's office efficiently and effectively. The clerk shall, from time to time, recom mend to the governing authority of said county the number of such person nel needed by the clerk's office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during said officer's term of office, to des ignate and name the person or persons who shall be employed as such depu ties, clerks, and assistants and to remove or replace any of such employees at will and within said officer's sole discretion.
Section 4. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and em ployees, shall be paid from any funds of the county available for such pur poses. All supplies, materials, furnishings, furniture, utilities, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
Section 5. An Act providing a supplement to the compensation of the clerk of the Superior Court of Glascock County, approved April 6, 1981 (Ga. L. 1981, p. 3993), is repealed in its entirety.
Section 6. This Act shall become effective on January 1, 1987.
Section 7. 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.

*HB 1051:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 1051 by striking from line 16 of Page 1 the following: "$26,165.00",
and inserting in its place the following: "$33,360.00".
By striking from line 25 of Page 1 the following: "$29, 860.00",
and inserting in its place the following:

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"$36,750.00".

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

Senators Tolleson of the 32nd, Barnes of the 33rd and Harrison of the 37th offered the following substitute to HB 1051:

A BILL
To be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change compensation provisions relating to the chief dep uty clerk and the clerk; to change compensation provisions relating to the solicitor, chief assistant solicitor, and the assistant solicitors; to increase the number of assistant solicitors; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking in its entirety paragraph (4) of subsection (b) of Section 17 and inserting in its place a new paragraph (4) to read as follows:
"(4) The salary of the chief deputy clerk shall be $35,200.00 per annum to be paid in equal monthly installments from the funds of the county."
Section 2. Said Act is further amended by striking from Section 23 the following:
"The clerk of the State Court of Cobb County shall receive an an nual salary of $28,310.00, payable in equal monthly installments from the funds of Cobb County.",
and inserting in its place the following:
"The clerk of the State Court of Cobb County shall receive an an nual salary of $39,600.00, payable in equal monthly installments from the funds of Cobb County."
Section 3. Said Act is further amended by striking in its entirety para graph (1) of subsection (b) of Section 27 and inserting in its place a new paragraph (1) to read as follows:
"(1) The compensation of the solicitor shall be $45,900.00 per an num, payable in equal monthly installments from the funds of Cobb County."
Section 4. Said Act is further amended by striking in its entirety sub section (d) of Section 27 and inserting in its place a new subsection (d) to read as follows:

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"(d) The solicitor shall have the authority to appoint the same num ber of assistant solicitors as the number of judges of the State Court of Cobb County, plus one additional assistant solicitor. The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the Magistrate Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County; and the solicitor shall have the authority to ap point the same number of additional assistant solicitors as the number of judges of the Magistrate Court of Cobb County to enable the solicitor and his staff to perform such functions. The compensation of such assis tant solicitors shall be determined by the solicitor except that said com pensation of such assistant solicitors shall be not less than $15,000.00 nor more than $28,543.00 per annum, payable in equal monthly installments from the funds of Cobb County. Provided, however, that the compensa tion of the chief assistant solicitor shall be not less than $15,000.00 nor more than 90 percent of the compensation of the solicitor and shall be paid in the same manner as all other assistant solicitors. The solicitor shall prescribe the duties and assignments of said assistant solicitors; and, while so employed, they shall not engage in private practice of law."
Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 6. 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.

*HB 1052:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 1052 by striking from line 2 of Page 1 the following: "1985",
and inserting in its place the following: "1895".

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

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*HB 1065:
The Senate Committee on Urban and County Affairs offered the following substi tute to HB 1065:

A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3020), so as to change the deposits for advance costs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Clayton County, ap proved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3020), is amended by striking Section 26 in its entirety and substituting in lieu thereof a new Sec tion 26 to read as follows:
"Section 26. (a) Each party filing a suit or proceeding of any char acter in the State Court of Clayton County shall deposit with the clerk of said court, except as hereafter provided, the total costs due in advance in the sum of $25.00 plus an additional $5.00 for each additional defendant or garnishee, provided, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his pov erty he is unable to pay the same and, provided further, if the party making such deposit finally prevails in such proceedings, the amount of said deposits shall be taxed as part of the cost against the losing party, and if recovered shall be refunded to the party depositing same after all costs have been paid, provided that the minimum cost in any event shall equal the advance deposits provided for in this subsection.
(b) In addition to the foregoing costs, the clerk of said court shall charge and collect in advance costs as follows:
For affidavit to obtain an alias fi. fa. ........................$ 3.50
For taking and approving supersedeas bond .................. 5.00
For affidavit where no cause is pending...................... .50
For certificate and seal of court ............................ 2.50
For certified copy under Code Section 24-7-25 ............... 2.50
For certified copy including first page ....................... 2.50
Each additional page ................................. .50
For exemplified copy including first page .................... 5.00
Each additional page ................................... .50
For filing and docketing each traverse to answer of garnishment excluding service ....................................... 5.00
For searching and copying record per page .................. .50
(c) All cost not provided for in this section shall be charged for and collected by said court in the same amounts as costs now set or may hereafter be fixed by law for the Superior Court of Clayton County.

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(d) It shall be the duty of the clerk of the State Court of Clayton County to pay into the general fund of Clayton County all money col lected for costs on or before the tenth day of each month."
Section 2. 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 bills and resolutions as reported, was agreed to as amended.

On the passage of all the bills and resolutions 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 Baldwin Barnes Bond Bowen BBrraannntloeny
Broun of 46th Brown of 47th Bryant Cobb Coverdell Dawkins

Deal English Engram Fincher Foster Gilhs HHaarrrriisson
Hine Huggins Kennedy Kidd McGill McKenzie

Peevy Ray Reddish Scott of 2nd Scott of 36th Starr cSt. umb, augh,
late Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Burton
Coleman Dean Garner

Greene Holloway
Horton Howard Hudgins

Land Langford
Perry Phillips Walker

On the passage of all the local bills and resolutions, the yeas were 41, nays 0.

All the bills and resolutions on the Senate Local Consent Calendar, except SB 287, HR 232, HB 579, HB 965, HB 957, HB 1029, HB 1051, HB 1052 and HB 1065, having received the requisite constitutional majority, were passed.

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HR 232, HB 957 and HB 1052, having received the requisite constitutional major ity, were passed as amended.

SB 287, HB 579, HB 965, HB 1029, HB 1051 and HB 1065, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Tuesday, March 5, 1985
THIRTY-EIGHTH LEGISLATIVE DAY
HB 916 Food Act--maximum administrative penalty for violation (Ag--21st)
HB 601 Motor Vehicle Security--recovery of judgments from accidents (Judy--49th)
HB 703 Properties Commission--dispositions of real property (Pub U--44th)
HB 191 Property Liens--real estate serviced by registered foresters (Judy--20th)
HR 189 Structured Settlements and Awards--recommend and encourage (J&CL--33rd)
HR 79 Department of Transportation--rules for marking fire hydrant loca tions on state, county roads (Trans--48th)
HB 2 Requirements of Buildings with Fire, Safety Hazards--include per sonal care homes (AMENDMENT) (Pub Saf--27th)
HB 165 Sheriffs' Retirement Fund--relative to state official serving as mem ber of board (Ret--llth)
HB 494 Used Car Dealer Applicant--exempt from certain qualifications (Trans--53rd)
HB 607 Newton County Development Authority--correct population classifi cation (U&CA G--45th)
HR 171 Commission on Governmental Liability--create (Judy--33rd)
HR 276 Federal Solar Energy Tax Credit--relative to (B&F--25th)
HB 8 Alcoholic Treatment--delay effective date certain articles in Code chapter (Hum R--42nd)
HB 173 Financial Institution--5 days to respond to subpoenas, garnishments (Judy--42nd)
HB 485 Unemployment Compensation Claim Against Agen cies--consolidated processing (I&L--19th)
HB 647 Fulton County Magistrate Courts--permanent continuation of juris diction (Judy--42nd)
HB 303 Enforcement Agencies--disposition of seized weapons (SUBSTI TUTE) (Judy--49th)
HB 919 Eminent Scholars Endowment Trust Fund--create (H Ed--46th)
HR 219 Berrien County--property conveyance in fee simple (Pub U--7th)

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HB 119 Intestacy Cases--change amount to which spouses, children entitled (Judy--42nd)
HB 625 County Officer Compensation Increase--effective date (SUBSTI TUTE) (Approp--8th)
SR 188 Youth Services Division--coordinating services for emotionally dis turbed juveniles (Hum R--15th)
HB 346 Automobile Insurance Policy--no termination of spouse coverage other than death, divorce (SUBSTITUTE) (Judy--49th)
HR 106 Joint Study Committee on Superior Court Judgeships--create (AMENDMENT) (Rules--12th)
HR 101 Veterans Memorial Highway--designate (Trans--31st)
HR 122 Atlanta Charter Review Study Committee--create (Rules--12th)
HB 650 Eradication, Control of Brucellosis in Cattle--additional provisions (AMENDMENT) (Ag--24th)
HB 51 Cities, Counties--procedures for exercise of zoning power (U&CA G--8th)
HB 80 Ad Valorem Taxpayers--materials obtained from confidential (SUB STITUTE) (B&F--30th)
SR 190 POW, MIA--express support for resolution of certain issues (D&VA--54th)
HR 202 John Ross--commend and authorize portrait in capitol (Rules--12th)
HB 704 Disposition of Public Property--conveyance filing requirements (Pub U--44th)
HR 174 Richard B. Neville Memorial Bridge--designate (Trans--49th)
HR 203 George Guess--commend and authorize portrait in capitol (Rules--12th)
HR 281 Members of Bahai Religious Faith--condemning Iranian persecution (Rules--39th)
HB 506 Physically Handicapped--provisions for use of public facilities (AMENDMENT) (I&L--5th)
HB 486 Waycross Judicial Circuit Superior Court Judges--salary supple ment (Judy--7th)
HR 275 Chatham County--conveyance of certain real property (Pub U--1st)
HB 907 Petition to Legitimate a Child--where to file (Judy--52nd)
HR 235 Doctors Floyd Bridge--designate (Trans--4th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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

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HB 916.

By Representatives Lane of the lllth, Reaves of the 147th, Oliver of the 121st and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Commissioner of Agriculture and the Depart ment of Agriculture, so as to change the maximum amount of adminis trative penalties which may be imposed by the Commissioner of Agricul ture for violations of the "Georgia Food Act".

Senate Sponsor: Senator English of the 21st.

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

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 Cobb Coleman Dawkins Deal

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

Langford McGill McKenzie Perry Phillips Ray Reddish Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brown of 47th Burton Coverdell Dean

Garner Holloway Hudgins Peevy

Scott of 2nd Scott of 36th Walker

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

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

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HB 601.

By Representative Bargeron of the 108th:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of amount of security required, hearings, and judicial review with respect to the operation of motor vehi cles, so as to change the provisions, relating to recovery of judgments for damages resulting from accidents.
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 Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal

English Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford McGill

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

Those not voting were Senators:

Bowen Burton Dean

Engram Garner Hudgins

Land 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.

HB 703.

By Representative 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

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2195

Commission, so as to authorize the commission to perform all terms, sat isfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement certain dispositions of real property.
Senate Sponsors: Senators Starr of the 44th and Brown of the 47th.

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

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 Cobb Coleman Coverdell Dawkins Deal English

Engram Fincher Foster 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

Those not voting were Senators:

Brantley Burton Dean

Garner Gillis

Hudgins Scott of 36th

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

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

HB 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

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registered foresters shall have a special lien on real estate for which they furnish services; to define certain terms.
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 Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal English

Engram Foster 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

Those not voting were Senators:

Bond Bowen Burton

Dean Fincher Garner

Hudgins 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.

HR 189.

By Representatives Walker of the 115th and Chambless of the 133rd: A resolution recommending and encouraging structured settlements and awards.
Senate Sponsor: Senator Barnes of the 33rd.

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2197

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:

Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal English Engram

Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Albert Allgood Bond

Burton Dean Fincher

Garner Peevy Scott of 36th

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

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

HR 79. By Representatives Dobbs of the 74th, Jackson of the 65th, Lane of the 1 llth and others:
A resolution requesting the Department of Transportation to establish guidelines and rules and regulations for the development and implemen tation of a system for marking the location of fire hydrants by the place ment of blue reflective markings on state and county roads.
Senate Sponsor: Senator Peevy of the 48th.
The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land La ng ford

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

Those not voting were Senators:

Barker Burton

Gillis Horton

Reddish Scott of 36th

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

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

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 343 by striking the date "July 1,

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1987" on line 11 of Page 1 and inserting in its place the date "January 1, 1987".
By striking all matter on lines 26 through 30 of Page 1.

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate amendment to HB 343.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Burton Engram

Gillis Howard Scott of 2nd

Scott of 36th Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 343.

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

HB 2. By Representatives 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

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hazards, so as to include among such buildings personal care homes and to provide for standards therefor.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Public Safety offered the following amendment:

Amend HB 2 by striking from Section 1 on line 1 of Page 2 the word "shall" and inserting in lieu thereof the word "may".
By adding in Section 1 on line 3 of Page 2, immediately following the word "commissioner" and preceding the ".", the following:
"if he deems this necessary for proper fire safety".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

Senator Holloway of the 12th offered the following amendment:

Amend HB 2 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective on April 15, 1986."

On the adoption of the amendment offered by Senator Holloway, the yeas were 33, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Garner Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill
Peevy Perry Phillips

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2201

Ray Reddish
Starr Stumbaugh Tate

Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Foster

Gillis McKenzie Scott of 2nd

Scott of 36th Timmons

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

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

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

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.

Senator Harrison of the 37th moved that the Senate adhere to the Senate substi tute to HB 81, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 81.

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

Senators Harrison of the 37th, Barnes of the 33rd and Stumbaugh of the 55th.

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

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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.

The House substitute to SB 256 was as follows:

A BILL
To be entitled an Act to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant diseases, pest control, and pes ticides, 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, adminis tration, and enforcement by the Commissioner of Agriculture; to provide for personnel and facilities; to provide for agreements; to provide for inspec tions; to provide for warrants; to provide for filing of certain information; to provide for quarantines; to provide for rules and regulations and the con tents thereof; to restrict the movement of certain articles; to provide for eradication zones; to provide for the restriction or prohibition on the plant ing of cotton; to provide for cost; to provide for penalties; to provide for the treatment or destruction of certain cotton; to provide for the certification of a cotton growers' organization and its powers, duties, and authority; to pro vide for requirements for such organization; to provide for certification and the issuance and revocation thereof; to provide for boards, committees, coun cil, and personal exemptions from liability; to provide for referendums and assessments; to provide for collection, holding, and disbursement of assess ments and funds; to provide for records; to provide for audits; to prohibit certain acts; to provide for penalties and punishment; to provide for destruc tion of certain plants as public nuisances; to provide for practices and proce dures; to provide for effective dates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant diseases, pest control, and pesticides, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
2-7-150. This article shall be cited as the 'Georgia Boll Weevil Eradication Act of 1985.'
2-7-151. The boll weevil, Anthonomus grandis Boheman, is declared to be a serious pest and a menace to the cotton growing industry. The purpose of this article is to provide for the eradication of this pest.
2-7-152. As used in this article, the term:

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2203

(1) 'Boll weevil' means Anthonomus grandis Boheman in any stage of development.
(2) 'Certificate' means a document issued by the Commissioner cer tifying that a regulated article is free of the boll weevil.
(3) 'Commissioner' means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person author ized by the Commissioner to act in his behalf.
(4) 'Department' means the Georgia Department of Agriculture.
(5) 'Host' means any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle.
(6) 'Infested' means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infesta tion exists.
(7) 'Noncommercial cotton' means cotton intended for purposes other than processing.
(8) "Permit' means a document issued or authorized by the Com missioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing.
(9) 'Person' means an individual, corporation, company, society, as sociation, or other business entity.
(10) 'Regulated article' means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner.
2-7-153. The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and fa cilities of the department.
2-7-154. The Commissioner is authorized to:
(1) Cooperate with and, as he may deem necessary, enter into writ ten agreements with any other agency of this state, any agency of the federal government, any agency of another state, any person who may be engaged in the growing, processing, marketing, or handling of cotton, or any other person for the purpose of cost sharing or assignment of duties and responsibilities in destroying and eradicating the boll weevil in Georgia;
(2) Inspect or cause to be inspected by duly authorized employees or agents any land, plants, plant products, or other articles, things, or sub stances that may, in his opinion, be capable of disseminating or carrying the boll weevil. For this purpose, the Commissioner or his employees and agents shall have the power to enter into or upon any place and to open any bundle, package, or other container containing or thought to contain

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any regulated article or other item capable of disseminating or carrying the boll weevil;
(3) Require every person growing cotton in this state to furnish, on forms supplied by the Commissioner, such information as he may require relating to the size and location of all commercial and noncommercial cotton fields or patches being grown in this state;
(4) Quarantine this state or any portion thereof or any other state or portion thereof when, after hearing, he determines that such action is necessary to prevent or reduce the spread of the boll weevil;
(5) Adopt, after hearing, such rules as he deems necessary to pre vent or reduce the spread of the boll weevil, including but not limited to rules:
(A) Governing the movement of regulated articles into, out of, or within this state;
(B) Establishing eradication zones within the state where eradica tion efforts will be undertaken;
(C) Restricting or prohibiting the planting of cotton in eradication zones when he determines that it would jeopardize the success of the eradication effort or present a hazard to the public health or safety;
(D) Requiring that all growers of commercial cotton in the desig nated eradication zones participate in the eradication program, including cost sharing through assessment;
(E) Establishing penalty fees for those growers in eradication zones who fail to comply with the rules adopted by the Commissioner; or
(F) Imposing restrictions on pasturing of livestock, entry by humans, and location of honeybee colonies in any eradication zone which has been or is to be treated with pesticides for eradication of the boll weevil or in any other area affected by such treatments;
(6) Enter upon any premise, property, or field within an eradication zone and treat with pesticides or destroy any volunteer or noncommercial cotton when he determines that such action is necessary to the success of the eradication efforts; and
(7) Require the destruction of commercial cotton in an eradication zone when it is not being grown in compliance with the rules adopted under this article.
2-7-155. (a) The Commissioner is authorized to certify a cotton growers' organization for the purpose of entering into agreements with the department, agencies of other states, the federal government, or any other person as may be necessary to carry out the purposes of this article. In applying to the Commissioner for certification, the cotton growers' or ganization shall demonstrate that:
(1) It is a nonprofit organization within the meaning of Section 501 (a) of the Internal Revenue Code of 1954 (26 USC 501(a));

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2205

(2) Membership is open to all cotton growers in this state;
(3) It has only one class of members and each member has only one vote;
(4) Its board of directors consists of six cotton growers elected by the membership and one employee of the department;
(5) All books and records of account and minutes of proceedings of the organization are available for inspection or audit by the Commis sioner upon request at any reasonable time; and
(6) Any employee or agent of the organization who handles its funds is adequately bonded.
(b) If the Commissioner finds that the growers' organization meets the requirements set forth in subsection (a) of this Code section, he shall certify the organization, in writing, for the purposes of this article only, and such certification shall not affect any other organization of cotton growers established for other purposes. The Commissioner is authorized to revoke such certification if at any time the organization fails to meet the certification requirements or the purposes of this article.
(c) (1) The certified cotton growers' organization:
(A) Shall be a public corporation and may contract and be con tracted with, implead and be impleaded, and complain and defend in all courts; and
(B) Shall be governed by a board of directors which shall name its chairman, vice chairman, and secretary and determine a quorum for the transaction of its business.
(2) The certified cotton growers' organization is authorized to ap point advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties and to fix, if necessary, any compensation for such services.
(3) The members, officers, and employees of the cotton growers' or ganization operating under this article shall not be held individually re sponsible in any way whatsoever to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own individual acts of dishonesty or crime. No member, of ficer, or employee shall be held individually responsible for any act or omission of any other member of such organization. The liability of the members of the growers' organization shall be several and not joint, and no member shall be liable for the default of any other member.
2-7-156. Upon the request of the certified cotton growers' organiza tion, the Commissioner shall conduct a referendum among all cotton growers anytime after September 30, 1985, to determine whether an as sessment shall be levied upon them to cover, in whole or in part, the cost of boll weevil suppression and eradication programs authorized by this article, subject to the following:

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(1) All affected cotton growers shall be entitled to vote and any question of eligibility shall be determined by the Commissioner;
(2) All assessments shall be levied on a per acre basis;
(3) The per acre assessment, the period for which it shall be levied, and the geographical area to which the assessment applies shall be estab lished by the Commissioner, upon recommendation by the board of direc tors of the cotton growers' organization;
(4) Passage of such referendum shall require a two-thirds' majority of those growers voting and at least 50 percent of the Agricultural Stabi lization and Conservation Service registered cotton growers must have voted in such referendum;
(5) The Commissioner of Agriculture is authorized, and it shall be his duty, to receive, collect, hold in trust, and disburse all assessments and any other funds created under this article as trust funds of the cotton growers' organization, without complying with the requirements applica ble to funds collected for the use and benefit of the state. Such funds shall not be required to be deposited in the state treasury and appropri ated therefrom. All moneys collected by the Commissioner shall be de posited in a bank or other depository approved by the growers' organiza tion and shall be disbursed by him only upon the written authorization of the certified cotton growers' organization for the administration and im plementation of the boll weevil eradication program. Should the eradica tion program be discontinued or certification of the growers' organization be revoked by the Commissioner, any funds remaining in its hands at such time are authorized to be paid out by the Commissioner for existing obligations and for winding up the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the Commissioner to the contributing growers on a pro rata per acre basis; and
(6) Records maintained by the Commissioner on behalf of the certi fied cotton growers' organization shall be audited at least annually by the state auditor.
2-7-157. It shall be unlawful:
(1) To plant cotton in any eradication zone in which planting has been prohibited by the Commissioner;
(2) To alter, forge, counterfeit, or engage in the unauthorized use of any certificate, permit, or other document provided for in this article; or
(3) To store or handle any regulated article in the eradication zone or to move a regulated article into, through, or from the eradication zone in violation of the purposes of this article.
2-7-158. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding twelve months, or both, as determined by the court.

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(b) Any cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization.
(c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nui sance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court is authorized, in its discretion, to issue judgment and order condemnation and destruction of such nui sance. The grower shall be liable for all court costs, fees, and other ex penses incurred in such action."
Section 2. This Act shall become effective July 1, 1985, for the pur poses of certifying a cotton growers' organization and conducting a referen dum among cotton growers. For all other purposes, this Act shall not be come effective until the states of Alabama and Florida have enacted a boll weevil eradication program similar to the program provided for in this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 19th moved that the Senate agree to the House substitute to SB 256.

On the motion, 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 Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Greene Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Allgood Cobb Garner

Gillis Harris Scott of 2nd

Scott of 36th Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 256.

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

HB 165.

By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia Annotated, relating to membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions rela tive to the state official who serves as a member of the board.
Senate Sponsors: Senators Timmons of the llth and Tate of the 38th.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

February 25, 1985

SUBJECT: House Bill 165 (Substitute) (LC 9 4173S) Sheriffs' Retirement Fund

This Bill would clarify provisions relative to the membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia. It would change references to the Director of Fiscal Affairs and the State Au ditor to the Director of the Fiscal Division of the Department of Adminis trative Services. The Bill would also correct the spelling of one member's name.

This is to certify that this is a nonfiscal retirement bill to the pension system. As a technical note, the Bill's preamble indicates the Bill clarifies

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2209

provisions regarding death benefits, however, the Bill does not address death benefits.
/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 Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb 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 Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Allgood Barker Bowen

Coleman Coverdell

Scott of 2nd Walker

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

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

Senator Gillis of the 20th assumed the Chair at the direction of the President.

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

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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 House amendments were as follows:

Amendment No. 1: Amend SB 129 by striking from line 6 of Page 2 the following: "clinical",
and inserting in its place the following: "licensed".
By striking from line 1 of Page 3 the following: "clinical",
and inserting in its place the following: "licensed".
By striking from line 25 of Page 4 the following: "clinical",
and inserting in its place the following: "licensed".
Amendment No. 2: Amend SB 129 by striking from lines 1 through 4 of Page 1 and lines
20 through 23 of Page 1 the following: "Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia
Annotated, relating to demurrers, motions, and special pleas and excep tions with respect to pretrial proceedings," and inserting in lieu thereof in each place the following:
"Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings in criminal cases,".
By adding after the first semicolon on line 17 of Page 1 the following: "to provide that in computing the term at which a misdemeanor

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2211

case must be brought to trial after a demand for trial a term of court designated as a civil term of court shall not be included;".
By striking the word "article" where it appears on line 15 of Page 2, line 27 of Page 3, and line 25 of Page 5 and inserting in lieu thereof the word "chapter".
By renumbering Section 5 as Section 6 and inserting a new Section 5 to read as follows:
"Section 5. Said chapter is further amended by striking subsection (b) of Code Section 17-7-170, relating to time for trial following a de mand for trial in a noncapital case, and inserting in its place a new sub section to read as follows:
'(b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try him, he shall be absolutely discharged and acquitted of the offense charged in the indict ment or accusation. For purposes of computing the term at which a mis demeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held.' "

Senator Trulock of the 10th moved that the Senate agree to the House amend ments to SB 129.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bond Bowen ran tn.on Brantley Broun of 46th Brown of 47th Burton
Cobb
Dawkins
Deal
Engram

Fincher Foster Garner Greene Harris " in Horton Hudgins Huggins Kidd
Land
Langford
McGill
McKenzie

Voting in the negative was Senator Peevy.

Perry

Phillips

Ray

Reddish

Scott of 36th

Stumbaugh

T

e

i,ate

Timmons Tolleson

Trulock

Turner

Tysinger

Walker

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JOURNAL OF THE SENATE

ity; to provide for other matters relative to the foregoing; to provide for a referendum.

The House substitute to SB 116 was as follows:

A BILL
To be entitled an Act to provide a homestead exemption from all Bald win County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceed ing $16,000.00 and who are 65 years of age or over; to provide for defini tions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Baldwin County School District, including but not limited to taxes to retire school bond indebtedness.
(2) "General law exemption" means that homestead exemption from county school district ad valorem taxes granted by Code Section 48-5-52 of the O.C.G.A. to persons 62 years of age or over.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40, except land included in that homestead which exceeds five acres.
(4) "Income" means gross income from all sources.
Section 2. Each resident of the Baldwin County School District who is 65 years of age or over is granted an exemption on that person's homestead from all Baldwin County School District ad valorem taxes for educational purposes for the full value of that homestead, if that person's income, to gether with the income of all members of the family residing within such homestead, does not exceed $16,000.00 for the immediately preceding taxa ble year.
Section 3. The tax commissioner of Baldwin County shall provide appli cation forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the income of the owner and all members of the family residing within the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption.
Section 4. Any person who, as of January 1, 1987, has applied for and is eligible for the general law exemption and the exemption provided by Code Section 48-5-47 shall be eligible for the exemption granted by this Act without further application. Otherwise, the exemption shall be claimed and

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returned as provided in Code Section 48-5-50.1 of the O.C.G.A. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Baldwin County in the event that person for any reason becomes ineligible for that exemption.

Section 5. The exemption granted by this Act shall not apply to or af fect any state taxes, municipal taxes, or county taxes for county purposes.

Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Baldwin County School District ad valorem taxes for educational purposes.

Section 7. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986.

Section 8. The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless oth erwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act.

Section 9. Not less than 30 nor more than 90 days prior to the date of the August 1986, primary election, it shall be the duty of the election super intendent of Baldwin County to issue the call for an election for the purpose of submitting this Act to the electors of the Baldwin County School District for approval or rejection. The superintendent shall set the date of such elec tion for the date of the August, 1986, primary election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or over be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 8 shall become of full force and effect; otherwise they shall be void and of no force and effect.

The expense of such election shall be borne by Baldwin County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 116.

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 Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Dawkins

Fincher Holloway Scott of 2nd

Starr Timmons Tolleson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 116.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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2217

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 Foster Garner Gillis Greene Harris Hine Holloway Howard Kennedy Kidd

Those not voting were Senators:

Bowen Coleman Fincher Harrison Horton

Hudgins Huggins McKenzie Scott of 2nd

Land Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th Stumbaugh Tolleson Trulock Turner Walker
Starr Tate Timmons Tysinger

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

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The House substitute to SB 102 was as follows:

A BILL
To be entitled an Act 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; to provide for the promulgation of standards and regulations; to require safety inspections of amusement rides; to require certain records to be kept by owners and operators of amusement rides; to require liability insurance or other surety for liability arising from the operation of amusement rides; to provide for waivers and exceptions; to provide for civil penalties; to author ize owners and operators of amusement rides to deny entry to persons for safety reasons; to disclaim creation of any liability of the state or its officers or agencies; 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. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new Chapter 12 to read as follows:
"CHAPTER 12
34-12-1. This chapter shall be known and may be cited as the 'Amusement Ride Safety Act.'
34-12-2. As used in this chapter, the term:
(1) 'Advisory board' means the Advisory Board on Amusement Ride Safety created by this chapter.
(2) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.
(3) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsi bility to perform his duty by the owner or his representative.
(4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto.
(5) 'Commissioner' means Commissioner of Labor.
(6) 'Department' means the Department of Labor, which is desig nated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations.
(7) 'Licensed inspector' means a registered professional engineer or

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any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspec tions of amusement rides.
(8) 'Operator' means a person or persons actually engaged in or di rectly controlling the operation of an amusement ride.
(9) 'Owner' means a person, including the state or any of its subdivi sions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee.
(10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department.
(11) 'Permit fee' means the fee charged by the department for a permit to operate an amusement ride.
(12) 'Standards and regulations' means those standards and regula tions formulated and enforced by the department.
34-12-3. (a) There is created the Advisory Board on Amusement Ride Safety, which shall consist of five members who shall be appointed by the Governor. One member shall be the Commissioner or his designee; two members shall be representatives of the owners of amusement rides; one member shall be a member of the Senate or of the House of Repre sentatives; and one member shall be a licensed mechanical engineer.
(b) The terms of the members shall be two years, except that, of the first members appointed by the Governor, one shall be appointed for two years, two for three years, and two for four years. The Governor, in mak ing such appointments, shall designate the term for which each is to serve and shall designate the chairman and vice-chairman of the advisory board. The terms of all members shall begin on July 1.
(c) If the status of an advisory board member as a member of the group from which he was appointed should cease prior to the end of his term of office, then his position on the advisory board shall be declared vacant by the Governor. The Governor shall appoint a new member of the advisory board from the appropriate group to complete the term of office remaining upon any vacancy however occasioned.
(d) The members of the advisory board shall serve without compen sation but shall be reimbursed for their actual travel and lodging ex penses incurred in attending meetings of the advisory board and in per forming their duties as members thereof.
34-12-4. The advisory board is empowered to study any aspect of the 'Amusement Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chap ter, including its administrative, engineering, and technical aspects.
34-12-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such

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standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regula tions shall be subject to Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassem bled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department is authorized to formulate different standards and regulations with re gard to such differing classes of amusement rides.
(b) The department shall:
(1) Enforce all standards and regulations;
(2) License inspectors for authorization to inspect amusement rides;
(3) Issue permits upon compliance with this chapter and such stan dards and regulations adopted pursuant to this chapter; and
(4) Establish a fee schedule for the issuance of permits for amuse ment rides.
34-12-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter.
34-12-7. (a) No amusement ride shall be operated, except for pur poses of testing and inspection, until a permit for its operation has been issued by the department. The owner of an amusement ride shall apply for a permit to the department on a form furnished by the department providing such information as the department may require.
(b) No such application shall be complete without including a certif icate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this chapter and the standards and regu lations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator.
34-12-8. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner or operator's expense. If the amusement ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant hereto, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation.
(b) Amusement rides and attractions may be required to be in spected by an authorized person each time they are assembled or disas sembled in accordance with regulations and standards established under this chapter.
34-12-9. The department may waive the requirement of subsection

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2221

(a) of Code Section 34-12-8 if the owner of an amusement ride gives satisfactory proof to the department that the amusement ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and reg ulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter.
34-12-10. The department shall issue a permit to operate an amuse ment ride to the owner thereof, which permit shall be valid for a period of 12 months following the date of inspection by a licensed inspector upon completion by the owner of the application for a permit, presenta tion of a certificate of inspection or waiver thereof by the department, and payment of the permit fee.
34-12-11. The owner shall maintain up-to-date maintenance, inspec tion, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspec tion reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or struc tural failures or operational breakdowns and the types of actions taken to rectify these conditions.
34-12-12. No person shall be permitted to operate an amusement ride unless he is at least 16 years of age. An operator shall be in attend ance at all times that an amusement ride is in operation and shall oper ate no more than one amusement ride at any given time.
34-12-13. The owner of the amusement ride shall report to the de partment any accident resulting in a fatality or an injury requiring im mediate in-patient overnight hospitalization incurred during the opera tion of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the acci dent. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board.
34-12-14. (a) No person shall operate an amusement ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contrac tor) against liability for injury to persons arising out of the operation of the amusement ride;
(2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
(3) Cash or other security acceptable to the department.
(b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties

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acceptable to the department and licensed to transact business in this state.
34-12-15. If any person would incur practical difficulties or unneces sary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The depart ment may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public.
34-12-16. This chapter shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider pro pelled merry-go-rounds.
34-12-17. This chapter shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of amusement rides in operation on or before the effective date of this chapter shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chap ter within six months after the adoption of said standards and regulations.
34-12-18. Any owner of an amusement ride which is operated, ex cept for purposes of testing or inspection, without having obtained a per mit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of an amusement ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation.
34-12-19. The owner or operator of an amusement ride may deny entry to a person to an amusement ride, if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this section will permit an owner or oper ator to deny an inspector access to an amusement ride when such inspec tor is acting within the scope of his duties under this chapter.
34-12-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the de partment, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom."
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.

TUESDAY, MARCH 5, 1985

2223

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 102.

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Barker Bowen Brannon Brantley

Dawkins Fincher Horton Hudgins

Huggins Scott of 2nd Timmons Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 102.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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".

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The House substitute to SB 115 was as follows:

A BILL
To be entitled an Act to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to redefine the term "responsible motor vehicle"; to provide that emission inspection certificate requirements as to hydrocarbons and carbon monoxide shall re main in effect in a county so long as an excess of either photochemical oxidants or carbon monoxide continues to be designated in any part thereof; to provide for lost certificates; to provide that after the initial 12 month period of applicability, certificates of emission inspection must be displayed on re sponsible motor vehicles; to provide for the issuance of emission inspection verification forms; to provide for such verification forms; to provide for the use of emission inspection verification forms when applying for a vehicle li cense plate or revalidation sticker; to prohibit counties, beginning January 1, 1986, from registering or issuing licenses for responsible motor vehicles un less the owner provides a valid certificate of emission inspection; to prohibit a person from operating a responsible motor vehicle without a registration or license issued in accordance with this part; to increase the fee charged by each emission inspection station and the regulatory fee remitted to the state; to provide that funding assistance from the Department of Transportation may be denied any county which registers any responsible motor vehicle without receiving proof of emission inspection; to change certain provisions relating to false certificates of emission inspection; 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 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emis sion Inspection and Maintenance Act," is amended by striking paragraph (22) of Code Section 40-8-153, relating to definitions of terms used in such part, and inserting in lieu thereof a new paragraph (22) to read as follows:
"(22) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline combustion power, except motorcycles and motor driven cy cles, designed for carrying ten passengers or less and used for the trans portation of persons (passenger car or vehicle) and any motor vehicle propelled by gasoline combustion power designed, used, or maintained primarily for the transportation of property which has a gross vehicle weight rating of less than 8,500 pounds (light-duty truck), excluding:
(A) Any motor vehicle not designed primarily for highway use; and;
(B) Any motor vehicle manufactured in a model year ending more than 11 calendar years prior to January 1 of the calendar year in which this part is being or is sought to be enforced."
Section 2. Said part is further amended by striking subsection (f) of Code Section 40-8-156, relating to the requirement of certificates of emis sion inspection in certain counties, and inserting in lieu thereof a new sub section (0 to read as follows:

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"(f) The requirements of paragraphs (1) through (4) of subsection (b) of this Code section shall remain in effect in a county only during such time as such county or some part thereof continues to be designated by USEPA pursuant to the Federal Clean Air Act as having ambient air levels of either photochemical oxidants or carbon monoxide in excess of the NAAQS for such pollutant."
Section 3. Said part is further amended by striking subsections (d), (e), (0. (g). (h). and (i) of Code Section 40-8-158, relating to periodic inspec tion and maintenance, and inserting in lieu thereof new subsections (d), (e), (f), (g), and (h) to read as follows:
"(d) As used in this Code section, the term 'initial 12 month period of applicability' means, for a given county, the 12 month period following April 1 of a given calendar year, or the 12 month period following the date on which the requirements of Code Section 40-8-156 otherwise be come applicable, when such county became subject to any requirement under Code Section 40-8-156 for the first time. Any county which has been subject to any requirement under this part, again becoming subject to any requirement under this part subsequent to an intervening period during which such county was not subject to any requirement under this part, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this part in such manner.
(e) Following the initial 12 month period of applicability, a certifi cate of emission inspections shall be displayed on a vehicle which has been inspected and has been approved as meeting the requirements of this part and shall bear the date the vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other informa tion as shall be required by the commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emis sion inspection when a new certificate of emission inspection will be is sued. At the time an emission inspection station issues a certificate of emission inspection, the station shall also issue an emission inspection verification which may be used in complying with Code Section 40-8159.1. This verification shall contain all information shown on the certifi cate of emission inspection, shall be issued in duplicate, and shall be on such forms as the department shall prescribe.
(f) All certificates of emission inspection shall be issued for a period of one year.
(g) With respect to any inspection or certificate of inspection re quired for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new, the department may provide for the issuance of certificates of inspection for such vehicle by the franchised dealer sell ing the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the Federal Clean Air Act.
(h) The commissioner may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission in spection or emission inspection verification required in any 12 month pe-

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JOURNAL OF THE SENATE

riod may have an additional or duplicate certificate of emission inspec tion or emission inspection verification issued to him. These methods may include but are not necessarily limited to the following two methods:
(1) Any approved emission inspection station may issue said addi tional or duplicate certification or emission inspection verification upon the owner demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its win dow; or
(2) The commissioner shall issue said additional or duplicate certifi cation or emission inspection verification upon the owner demonstrating to the commissioner that said vehicle had been inspected previously and had obtained a current and valid inspection sticker."
Section 4. Said part is further amended by striking paragraph (3) of subsection (d) of Code Section 40-8-159, relating to certification of emission inspection stations, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A fee of $5.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station may be required to remit to the com missioner 25< as a regulatory fee for each certificate of emission inspec tion issued;".
Section 5. Said part is further amended by adding, following Code Sec tion 40-8-159, a new Code Section 40-8-159.1, to read as follows:
"40-8-159.1. (a) Beginning January 1, 1986, it shall be unlawful for any county to and no county shall register or issue a license for any re sponsible motor vehicle pursuant to or subject to the requirements of Chapter 2 of this title unless the owner provides a certificate of emission inspection or an emission inspection verification form issued pursuant to subsection (e) of Code Section 40-5-158 indicating that the responsible motor vehicle satisfied all applicable requirements of Code Section 40-8156 and Code Section 40-8-158. In applying for a vehicle license plate or revalidation sticker for a responsible motor vehicle by mail, the applica tion shall be accompanied by an emission inspection verification form is sued pursuant to subsection (e) of Code Section 40-5-158.
(b) It shall be unlawful to and no person shall operate a responsible motor vehicle on the roadways of this state without a valid registration or license issued in compliance with this part. Any person who operates a responsible motor vehicle on the roadways of this state without a valid registration or license issued in compliance with this part shall be consid ered to be operating an unregistered motor vehicle."
Section 6. Said part is further amended by striking paragraph (3) of subsection (b) of Code Section 40-8-161, relating to unlawful acts, and in serting in lieu thereof a new paragraph (3) to read as follows:
"(3) No person shall use for the purpose of proof under subsection (c) of Code Section 40-8-158 any receipt or document purporting to

TUESDAY, MARCH 5, 1985

2227

show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought.",
and by adding at the end of said Code section a new subsection (g) to read as follows:
"(g) If it is determined that any county has registered or issued li censes for responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable require ments of Code Section 40-8-156 and Code Section 40-8-158, the commis sioner of public safety shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 115.

On the motion, 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 Brown of 47th Bryant Burton Cobb Coleman Coverdell Dean

English Engram Foster Gillis Greene Harris Hine Holloway Horton Howard Kidd Land Langford McGill

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Deal and Peevy.

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Those not voting were Senators:

Allgood Bowen Broun of 46th Dawkins

Fincher Garner Harrison Hudgins

Huggins Kennedy (presiding) McKenzie Stumbaugh

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 115.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 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 filing of the action.

The House has disagreed to the Senate substitute to the following bills of the House:

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

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 sale, use, or final delivery within this state of all distilled spirits and alcohol.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

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2229

HR 171.

By Representatives Walker of the 115th, Groover of the 99th and Mur phy of the 18th:
A resolution creating a Commission on Governmental Liability so as to provide for its composition; to provide for the powers and duties of the commission.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal

Dean English Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Bowen Dawkins Fincher Garner

Hudgins Huggins Kennedy (presiding)

McKenzie Stumbaugh Turner

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Engram of the 34th introduced the doctor of the day, Dr. Ferrol Sams III, of Fayetteville, Georgia.

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The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 232 by striking the word "purchasing" where it appears in line 18 of Page 1 and inserting in lieu thereof the word "severing".

Senator Gillis of the 20th moved that the Senate agree to the House amendment to SB 232.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond rBBB, rrroaannunntl,oeonyf 46th
Brown of 47th Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Foster Gillis GiHHiraaerrerriinsseon
Hine Horton Howard Huggins Kidd Land

Langford McGill Peevy Perry Phillips Rv SR,,DceodAt.dA.ti-soh,f,,. 3,.6,.t,h
^,tarr Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Bowen Bryant Fincher Garner

Holloway Hudgins Kennedy (presiding) McKenzie

Scott of 2nd Stumbaugh Timmons Turner

TUESDAY, MARCH 5, 1985

2231

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 232.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Cobb of the 28th moved that the Senate recede from the Senate substitute to HB 362.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes orantleyf v. Broun of 46th BBrroywannt of 47th
Burton Cobb Coleman Coverdell Deal Dean

English Engram Fincher Foster Garner S'lllS Harris HHoarrrtoisnon
Howard Huggins Kidd Land McGill McKenzie

Peevy Perry Phillips Rav Reddish Scott of 36th Starr S,, tumb, augh.
late Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Dawkins

Greene Hine Holloway Hudgins

Kennedy (presiding) Langford Scott of 2nd Turner

2232

JOURNAL OF THE SENATE

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 362.

The following general resolution and bill of the House, favorably reported by the committees, were read the third time and put upon their adoption:

HR 276.

By Representatives Pinkston of the 100th, Walker of the 115th and Bol ster of the 30th: A resolution relative to extension of federal solar energy tax credits.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes 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 Huggins 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:

Bond Bowen Dean

Horton Howard Hudgins

Kennedy (presiding) Scott of 2nd

On the adoption of the resolution, the yeas were 48, nays 0.

TUESDAY, MARCH 5, 1985

2233

The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Howard of the 42nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Howard Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Tate Trulock Turner Tysinger Walker

Albert Barker Bowen Brannon Brantley Coleman

Dawkins Dean Garner Horton Hudgins Huggins

Kennedy (presiding) Scott of 2nd Starr
Stumbaugh Timmons Tolleson

On the passage of the bill, the yeas were 38, 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:

2234

JOURNAL OF THE SENATE

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 House substitute to SB 113 was as follows:

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 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 an exception; to provide that the commissioner of personnel administration shall be the executive of ficer 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 personnel administration shall employ such person nel as may be necessary to carry out his duties and responsibilities; to au thorize the commissioner to execute a contract or contracts; to provide for benefits as approved in employee benefit plan or plans; to provide that such contracts may be executed with one or more corporations licensed to trans act 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 agen cies 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.

TUESDAY, MARCH 5, 1985

2235

(3) 'Employee' means a member of the General Assembly or a per son 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 department of family and children services or a county department of health, exclusive of the members, employees, and officials of the Board of Regents 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;
(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-

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JOURNAL OF THE SENATE

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.
(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 or sal ary reductions 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, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly.

TUESDAY, MARCH 5, 1985

2237

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, except for life, disability, or individual supplemental accident and sickness insurance, 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 cor porations or qualified entities to bid on providing approved plan or plans benefits. The commissioner may invite proposals from any qualified en tity 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 the administration thereof as may be established by the general appropri ations Act.
45-18-58. The various departments, boards, agencies, and their em ployees shall not incur any liability for errors or omissions made in the performance of the agreement between the departments, boards, and agencies and the employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 113.

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 Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Deal Dean Engram Fincher Foster Gillis Greene Harris Harrison Hine

Holloway Howard Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips

2238

JOURNAL OF THE SENATE

Ray Reddish Scott of 36th Starr

Tate Timmons Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon Brantley

Dawkins English Garner Horton

Hudgins Kennedy (presiding) Scott of 2nd Stumbaugh

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 113.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 173.

By Representative Evans of the 84th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to assessment of costs of judi cial processes involving financial institutions, so as to provide that finan cial institutions shall have at least five business days in which to respond to subpoenas, garnishments, or other orders, unless for good cause shown the issuing court shall fix some other period of time.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine

Holloway Howard Huggins Kidd Land McGill McKenzie Peevy Perry Phillips Ray

TUESDAY, MARCH 5, 1985

2239

Reddish Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Bowen Brantley

Coleman Dawkins Garner Horton

Hudgins Kennedy (presiding) Langford Scott of 2nd

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 485.

By Representative Colwell of the 4th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to permit the formulation of a sound program for the consolidated processing of unemployment compensation claims against state agencies and the payment of sums due to the Department of Labor.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Huggins Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

2240

JOURNAL OF THE SENATE

Timmons Tolleson

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Bowen Brannon Dawkins

Garner Horton Howard

Hudgins Kennedy (presiding)

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Howard of the 42nd.

Senator Howard of the 42nd offered the following amendment:

Amend HB 647 by striking from line 6 of Page 1 the following: "550,000"
and inserting in its place the following: "483,000",
and by striking from line 19 of Page 1 the following: "550,000"
and inserting in its place the following: "483,000".

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.

TUESDAY, MARCH 5, 1985

2241

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 Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway 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

Those not voting were Senators:

Bowen Brannon Coleman

Coverdell Garner Horton

Kennedy (presiding) Reddish 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.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Holloway of the 12th moved that the Senate insist upon the Senate substi tute to HB 463.

2242

JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 463.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 303:

A BILL
To be entitled an Act to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property held for the owner by a public official or entity, so as to authorize law enforcement agencies to provide for the disposition by destruction or sale of certain weapons not used in the commission of a crime or seized in the execution of a warrant; to provide a definition; to provide for a holding period; to provide for claims of ownership; to provide for certain eligible purchasers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-12-199 of the Official Code of Georgia An notated, relating to the presumption of abandonment of property held for the owner by a public official or entity, is amended by adding at the end of said Code section a new subsection, to be designated subsection (d), to read as follows:
"(d) (1) As used in this subsection, the term 'weapon' means any device declared illegal for possession under Code Section 16-11-122, any firearm, and any knife designed for the purpose of offense and defense.
(2) Any weapon not used in the commission of a crime or seized during the execution of a warrant coming into the possession of a law enforcement agency shall be disposed of as provided in this subsection. Such weapons and the disposition of such weapons shall not be subject to the requirements of this article.
(3) A weapon shall be held for the owner for a period of one year. If, at the end of such time, no valid written claim of ownership of a weapon has been presented to the law enforcement agency, the weapon

TUESDAY, MARCH 5, 1985

2243

shall be deemed abandoned and, when no longer needed for evidentiary purposes, shall be disposed of by the agency by destruction or by public sale in the manner provided for sheriffs' sales. The manner of disposal shall be decided by the head of the law enforcement agency. Proceeds of a sale under this paragraph, after deduction of all costs of the sale, shall be deposited in the appropriate state or local treasury.
(4) Purchasers who may participate in the sale of a weapon or fire arm by a law enforcement agency shall be persons who are licensed under federal law to engage in businesses involving the weapon or fire arm to be purchased."
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:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Howard Kidd Land Langford McGill

Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Coleman Dean

Greene Horton Hudgins Huggins

Kennedy (presiding) McKenzie Reddish

2244

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution of the Senate was read and adopted:
SR 239. By Senator Harris of the 27th: A resolution commending the Mary Persons High School Debate Team.
Senator Harris of the 27th introduced the Debate Team from Mary Persons High School to the Senators.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 234 as follows: On Page 1, line 27, after "infant", add the words
"or incompetent person," and
on Page 2, line 7, strike "the clerk of.

TUESDAY, MARCH 5, 1985

2245

Senator Baldwin of the 29th moved that the Senate agree to the House amend ment to SB 234.

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 Broun of 46th BBrroywannt of 47th
Burton Cobb Dawkins Dean Engram Fincher

Foster Gillis Greene Harris Hine Holloway HHuodwgairnds
Huggins Kidd Land McGill McKenzie Peevy

Perry Phillips Ray Scott of 2nd Scott of 36th Starr Sct,umb, augh,
i, ,,e Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brannon Brantley Coleman

Coverdell Deal English Garner Harrison

Horton Kennedy (presiding) Langford Reddish Timmons

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 234.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:

Amendment No. 1: On Page 2, line 17, insert the words

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JOURNAL OF THE SENATE

"in three different places"

between the words "statement" and "in".

Amendment No. 2:

Amend SB 77 by adding between lines 13 and 14 of Page 1 the following:

"to provide that it shall be a criminal offense to publish or allow to be published in any newspaper any editorial which does not identify the person or persons primarily responsible for preparation of the editorial; to provide for punishment;".

By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:

"Section 2. Said chapter is further amended by adding a new Code Section 51-5-12 to read as follows:

51-5-12. (a) It shall be unlawful to publish or allow to be published in any newspaper any editorial which does not identify the person or per sons primarily responsible for preparation of the editorial.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.' "

Amendment No. 3:

Amend SB 77 by striking on Page 1 after the word "least", "seven"

and inserting "one";

and by striking on Page 2, line 10, the word "seven"

TUESDAY, MARCH 5, 1985

2247

and inserting the word

and by striking on Page 2, line 15, the word "seven"
and inserting the word "one".
Amendment No. 4:
Amend SB 77 by adding between lines 13 and 14 of Page 1 the following:
"to provide that it shall be a criminal offense for any person to pub lish or cause to be published in any newspaper any retraction or correc tion of previously published incorrect factual information unless such re traction or correction is in substantially the same location within the newspaper as the original incorrect information;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by adding a new Code Section 51-5-12 to read as follows:
'51-5-12. (a) It shall be unlawful for any person to publish or cause to be published in any newspaper any retraction or correction of previ ously published incorrect factual information unless such retraction or correction is in substantially the same location within the newspaper as the previously published incorrect information. For this purpose, substan tially the same location within the newspaper shall be the same page of the same section where the previously published incorrect information was located.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.' "
Senator Barnes of the 33rd moved that the Senate disagree to the House amend ments to SB 77.
On the motion, the yeas were 29, nays 2; the motion prevailed, and the Senate disagreed to the House amendments to SB 77.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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JOURNAL OF THE SENATE

HB 919.

By Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund.
Senate Sponsor: Senator Broun of the 46th.

Senator Broun of the 46th offered the following amendment:

Amend HB 919 by striking line 22 of Page 2 through line 1 of Page 3 and inserting in lieu thereof the following:
"the units of the University System of Georgia. The trustees of the Georgia Eminent Scholars Endowment Trust Fund shall adopt rules, reg ulations, and standards relative to the award of challenge grants under this Code section. Such rules, regulations, and standards shall include formulas for the awarding of such grants, provided that such formulas shall require foundations to contribute as much as possible but not less than 50 percent and not more than 75 percent of the total amount deemed necessary by the trustees to endow a chair. Such formulas may be revised at any time by the board of trustees so as to maximize the benefits which may result from endowing one or more chairs in any fiscal year and depending on the total funds available to the Georgia Eminent Scholars Endowment Trust Fund. No funds shall be granted to a".

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 Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis

Greene Hine Holloway Howard Hudgins Kidd Land McGill McKenzie Peevy Perry

TUESDAY, MARCH 5, 1985

2249

Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons

Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Brannon Coleman Harris

Harrison Horton Huggins

Kennedy (presiding) Langford Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

Senator Dean of the 31st moved that the Senate insist upon the Senate substitute to HB 270.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 270.

The following general resolution and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 219.

By Representative Carter of the 146th:
A resolution authorizing the release of certain reverters in Fee Simple Deeds Without Warranty which conveyed certain real property to Berrien County and the School Board of Berrien County.

Senate Sponsor: Senator Perry of the 7th.

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The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Mine 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 Garner

Harris Harrison

Kennedy (presiding)

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.

Senate Sponsor: Senator Howard of the 42nd.

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2251

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harrison Mine Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Fincher

Harris Holloway Kennedy (presiding)

Starr Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 625. By Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the llth and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers.
Senate Sponsor: Senator Turner of the 8th.

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The Senate Committee on Appropriations offered the following substitute to HB 625:

A BILL
To be entitled an Act to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of general Acts affecting the compensation of certain county officers; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, is amended by adding at the end of Code Section 1-3-4, relating to the effective dates of legislative Acts, a new subsection (c) to read as follows:
"(c) Subsection (a) of this Code section shall not apply to those gen eral legislative Acts provided for in Code Section 1-3-4.1."
Section 2. Said chapter is further amended by adding immediately fol lowing Code Section 1-3-4, relating to the effective date of legislative Acts, a new Code Section 1-3-4.1 to read as follows:
"1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper func tioning of county governments in Georgia and, furthermore, to recognize that state mandated expenses should not disrupt that process by requir ing additional expenses in the middle of a budget year.
(b) No general Act providing for an increase in compensation to one or more of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia shall be effective until the first day of January following passage of the Act granting the increase in compensation."
Section 3. This Act shall apply to general Acts affecting the compensa tion of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia which are enacted after 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 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:

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2253

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Bond Bowen Brannon Burton

Garner Harrison Holloway

Kennedy (presiding) Starr Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

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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 Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Greene Harris Harrison Hine Holloway Horton Huggins 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:

Bond Garner Gillis

Howard Hudgins

Kennedy (presiding) Starr

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 101.

By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution designating the Veterans Memorial Highway.
Senate Sponsors: Senators Dean of the 31st and Hine of the 52nd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

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2265

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 Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Greene Harris Harrison Hine Holloway Horton Howard Huggins 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:

Bond Brown of 47th Garner

Gillis Hudgins

Kennedy (presiding) Langford

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 122.

By Representatives Benn of the 38th, Adams of the 36th, Townsend of the 24th and others:
A resolution creating the Atlanta Charter Review Study Committee.
Senate Sponsors: Senators Holloway of the 12th and Coverdell of the 40th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster 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 Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bond Garner

Gillis Harrison

Hudgins Kennedy (presiding)

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M. today.

At 2:00 o'clock P.M., the President called the Senate to order.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 650.

By Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relat ing to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit

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2267

any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met.
Senate Sponsor: Senator McGill of the 24th.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 650 by inserting on Page 2, line 6, after the word "steers", the word "heifers", so that when so amended the sentence shall read as follows:
"(1) 'Cattle' or 'cow' means bovine animals, such as cows, bulls, steers, heifers and bison."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brantley Brown of 47th Cobb Dawkins Dean

Engram Foster Garner Gillis Harris Hine Holloway Huggins Kennedy Kidd

Langford McGill McKenzie Peevy Reddish Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Broun of 46th Bryant Burton Coleman Coverdell Deal (excused)

English Fincher Greene Harrison Horton Howard Hudgins Land Perry

Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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On 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 Brantley Broun of 46th Brown of 47th Cobb Dawkins Dean Engram

Fincher Foster Garner Gillis Harris Hine Holloway Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Phillips Reddish Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Bryant Burton Coleman Coverdell

Deal (excused) English Greene Harrison Horton Howard Hudgins

Land Perry Ray Scott of 2nd Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Turner of the 8th.

Senators Turner of the 8th and McKenzie of the 14th offered the following substi tute to HB 51:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the

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2269

exercise of the zoning power by counties and municipalities; to provide for a short title; to provide for a statement of intention and purpose; to authorize supplemental authority for local governments; to provide for definitions; to provide for certain notices and hearings; to provide for the adoption of cer tain policies and procedures by local governments; to provide for other mat ters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 65 a new Chapter 66 to read as follows:
"CHAPTER 66
36-66-1. This chapter shall be known and may be cited as 'The Zon ing Procedures Law.'
36-66-2. (a) While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local govern ment prior to January 1, 1986, or to require a local government to exer cise its zoning power.
(b) Consistent with the minimum procedures required by this chap ter, local governments may:
(1) Provide by ordinance or resolution for such administrative of ficers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and
(2) Provide by ordinance or resolution for procedures and require ments in addition to or supplemental to those required by this chapter.
36-66-3. As used in this chapter, the term:
(1) 'Local government' means any county or municipality which ex ercises zoning power within its territorial boundaries.
(2) 'Territorial boundaries' means, in the case of counties, the unin corporated areas thereof and, in the case of municipalities, the area lying within the corporate limits thereof.
(3) 'Zoning decision' means final action by a local government which results with:
(A) The adoption of a zoning ordinance;
(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; or

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(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another.
(4) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its re spective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also in cludes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein.
(5) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accor dance with the uses of property for which such zones or districts were established.
36-66-4. (a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.
(b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then:
(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classifica tion of the property; and
(2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.
(c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government.
36-66-5. (a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be avail able for distribution to the general public.
(b) In addition to policies and procedures required by subsection (a) of this Code section, each local government shall adopt standards gov erning the exercise of the zoning power, and such standards may include

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2271

any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general wel fare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public.
(c) Prior to the adoption of policies and procedures pursuant to sub section (a) of this Code section and the adoption of standards pursuant to subsection (b) of this Code section, a local government shall conduct a public hearing on the proposed action. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the pur poses of that subsection shall also apply to public hearings required by this subsection."
Section 2. This Act shall become effective on 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 31, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Dean English

Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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Those not voting were Senators:

Bowen Brannon Coleman

Deal (excused) Garner Harrison

Howard Scott of 2nd

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Broun of the 46th from the Senate for the remainder of the day due to his attending to official state business; the consent was granted, and Senator Broun of the 46th was excused.

The following general bill and resolutions of the House and Senate, favorably re ported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Garner of the 30th.

The Senate Committee on Banking and Finance offered the following substitute to HB 80:

A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that the county board of tax asses sors may treat as confidential and refuse to disclose to any person any finan cial records of any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers; to provide that such financial records of taxpay ers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection; to provide for re lated matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official

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Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new Code Section 48-5-314 to read as follows:
"48-5-314. The county board of tax assessors may treat as confiden tial and refuse to disclose to any person any financial records of any tax payer if the board determines that such confidential treatment is neces sary to protect the ability of the board to obtain similar information from taxpayers. Such financial records of taxpayers shall not be subject to Ar ticle 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute to HB 80 offered by the Senate Committee on Banking and Finance, the yeas were 1, nays 39, and the substitute was lost.

Senator Garner of the 30th offered the following substitute to HB 80:

A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assess ment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to pro vide that the county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records of any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers; to provide that such financial records of taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection; 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. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5304, relating to the approval of county tax digests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commissioner shall not be required to disapprove or with hold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or as sessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to

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the commissioner at the time the digest is filed for examination and ap proval. The commissioner shall not approve any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxa ble tangible digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, 5 percent of the property, by assessed value in dispute, or number of properties may be in arbitration or on appeal."
Section 2. Said part is further amended by adding a new Code Section 48-5-314 to read as follows:
"48-5-314. The county board of tax assessors may treat as confiden tial and refuse to disclose to any person any financial records of any tax payer if the board determines that such confidential treatment is neces sary to protect the ability of the board to obtain similar information from taxpayers. Such financial records of taxpayers shall not be subject to Ar ticle 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection."
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 offered by Senator Garner of the 30th, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

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2275

Starr Stumbaugh Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Brannon

Deal (excused)

Broun of 46th (excused) Harris

Howard

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 190.

By Senator Fincher of the 54th:
A resolution expressing support for the resolution of certain issues re garding prisoners of war and missing in action in Southeast Asia.

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 Bryant Burton Cobb Coverdell Dawkins English Engram Foster

Garner Gillis Greene Harrison Hine Holloway Horton Hudgins 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

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Those not voting were Senators:

Brantley Broun of 46th (excused) Brown of 47th Coleman

Deal (excused) Dean Fincher

Harris Howard Starr

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 202.

By Representatives Dover of the llth, Murphy of the 18th, Wood of the 9th and others:
A resolution commending John Ross and authorizing the placing of his portrait in the state capitol building.
Senate Sponsors: Senators Holloway of the 12th and Huggins of the 53rd.

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 Brown of 47th Bryant Burton Cobb Coleman Coverdell English

Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th (excused) Dawkins Deal (excused) Dean

Harris Howard Hudgins

Scott of 36th Starr Stumbaugh

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2277

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Hudgins of the 15th moved that the Senate adhere to the Senate substi tute to HB 185, 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 185.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Hudgins of the 15th, Langford of the 35th and Scott of the 2nd.

Senator Hine of the 52nd asked unanimous consent to excuse Senator Deal of the 49th from the Senate for the remainder of the day due to his having to appear as a witness in court pursuant to a subpoena; the consent was granted, and Senator Deal of the 49th was excused.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 704.

By Representative Johnson of the 72nd:
A bill to amend Code Section 50-16-122 of the Official Code of Georgia Annotated, relating to requirements for real property acquired or dis posed of by the state, so as to provide that the General Assembly may vary or authorize the variance of the requirements of paragraph (4)

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of subsection (b) of Code Section 50-16-122 in certain enactments au thorizing or directing a disposition of real property.
Senate Sponsors: Senators Starr of the 44th and Brown of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

4?th

Bryant

Burton

Cobb

Coverdell

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 Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon

Dawkins

Broun of 46th (excused) Deal (excused)

Coleman

Hudgins Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

TUESDAY, MARCH 5, 1985

2279

The House substitute to SR 94 was as follows:
A RESOLUTION
Creating the Joint Public Utility Rate-making Process Study Com mittee; and for other purposes.
WHEREAS, Senate Resolution 328 created the Joint Public Utility Rate-making Process Study Committee which, in the 1984 interim, in vestigated a number of important issues concerning utility rates, rate making, and services; and
WHEREAS, the committee was unable in the time provided to delve into issues concerning the Public Service Commission's regulation of trucking and other motor and common carriers and the natural gas industry; and
WHEREAS, the committee needs to explore further telephone is sues such as a state-wide 911 emergency telephone system; and
WHEREAS, the committee also should be given the power to moni tor ongoing studies involving the Plant Vogtle nuclear plant in order to be able to address adequately important state concerns regarding the prudency of that investment and the "rate-shock" which will occur when the costs of that plant are included in the rate base of the plant owners; and
WHEREAS, the committee has been somewhat hampered in ob taining testimony of experts regarding several issues which are important to the people of this state by being unable to pay these experts for their expenses and fees in so testifying.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Util ity Rate-making Process Study Committee to be composed of five mem bers of the Senate Committee on Public Utilities to be appointed by the President of the Senate and five members of the House Committee on Industry to be appointed by the Speaker of the House of Representatives. The chairman of the committee shall be elected by the members of the committee at the committee's first meeting.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above as well as any other issues involv ing public utilities and their regulation in this state. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the al lowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than five days. The chair man of the committee is authorized to invite experts to testify before the committee and, if necessary and approved by the President of the Senate and the Speaker of the House of Representatives, pay their actual travel costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile, an expense allowance in the sum of $59.00 per day, and any fee charged by such witness, which fee does not exceed

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$100.00 per day. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legisla tive branch of government. The committee shall make a report of its find
ings and recommendations, with any suggestions for proposed legislation, no later than December 15, 1985, at which time the committee shall stand abolished.

Senator Scott of the 2nd moved that the Senate agree to the House substitute by the following substitute to SR 94:
A RESOLUTION
Creating the Joint Public Utility Rate-making Process Study Com mittee; and for other purposes.
WHEREAS, Senate Resolution 328 created the Joint Public Utility Rate-making Process Study Committee which, in the 1984 interim, in vestigated a number of important issues concerning utility rates, rate making, and services; and
WHEREAS, the committee was unable in the time provided to delve into issues concerning the Public Service Commission's regulation of trucking and other motor and common carriers and the natural gas industry; and
WHEREAS, the committee needs to explore further telephone is sues such as a state-wide 911 emergency telephone system; and
WHEREAS, the committee also should be given the power to moni tor ongoing studies involving the Plant Vogtle nuclear plant in order to be able to address adequately important state concerns regarding the prudency of that investment and the "rate-shock" which will occur when the costs of that plant are included in the rate base of the plant owners; and
WHEREAS, the committee has been somewhat hampered in ob taining testimony of experts regarding several issues which are important to the people of this state by being unable to pay these experts for their expenses and fees in so testifying.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Util ity Rate-making Process Study Committee to be composed of six mem bers of the Senate to be appointed by the President of the Senate and six members of the House Committee on Industry to be appointed by the Speaker of the House of Representatives. The chairman of the committee shall be elected by the members of the committee at the committee's first meeting.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above as well as any other issues involv ing public utilities and their regulation in this state. 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

TUESDAY, MARCH 5, 1985

2281

powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the al lowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than ten days. The chair man of the committee is authorized to invite experts to testify before the committee and, if necessary and approved by the President of the Senate and the Speaker of the House of Representatives, pay their actual travel costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile, an expense allowance in the sum of $59.00 per day, and any fee charged by such witness, which fee does not exceed $100.00 per day. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legisla tive branch of government. The committee shall make a report of its find ings and recommendations, with any suggestions for proposed legislation, no later than December 31, 1985, at which time the committee shall stand abolished.

On the motion, 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 Burton Cobb Coleman Coverdell Dawkins Engram Fincher

Foster Garner Gillis Greene Harris 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

Voting in the negative was Senator English.

Those not voting were Senators:

Brannon

Deal (excused)

Broun of 46th (excused) Dean

Bryant

Harrison

Hudgins Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 94 by Senate substitute.

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The following general resolutions and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 174.

By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th and others:
A resolution designating the Six Mile Creek Bridge on State Highway 369 over Lake Lanier as the Richard B. Neville Memorial Bridge.
Senate Sponsors: Senators Deal of the 49th and Hine of the 52nd.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell 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 Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Broun of 46th (excused) Deal (excused)

Bryant

Howard

Dawkins

Hudgins Walker

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 5, 1985

2283

HR 203.

By Representatives Dover of the 11th, Childs of the 53rd, Murphy of the 18th and others:
A resolution commending George Guess and authorizing the placing of his portrait in the state capitol building.

Senate Sponsors: Senators Holloway of the 12th and 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 Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Dawkins Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton 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:

Broun of 46th (excused) Deal (excused)

Bryant

Howard

Coverdell

Hudgins

Huggins Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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HR 281.

By Representatives Holmes of the 28th, McKinney of the 35th and Alien of the 127th:
A resolution condemning the Iranian persecution of members of the Bahai religious faith.

Senate Sponsor: Senator Bond of the 39th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins 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 Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Brannon

Deal (excused)

Broun of 46th (excused) Howard

Bryant

Hudgins Turner

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 5, 1985

2285

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.
Senate Sponsor: Senator Burton of the 5th.

The Senate Committee on Industry and Labor offered the following amendment:

Amend HB 506 by striking from Section 4, subsections (b) and (c) beginning on line 11 of Page 5, which read as follows:
"(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all properties under its jurisdiction. No construction plans shall be approved by the board of re gents for any construction within the University System of Georgia un less the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowl edge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4. 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 paragraph (5) of Code Section 30-3-2 which are under their jurisdiction. No building permit shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications have been approved as required by subsection (a) of this Code section, and unless the architect or engineer responsible for preparation of said plans and specifications certifies on such plans that to the best of his knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4. The builder, developer, or building owner following said plans shall require such a certificate of compliance on the plans before starting construction. All construction plans must display such a certifi cate of compliance provided by the architect or engineer for all construc tion in local governing jurisdictions which do not require building per mits. In all areas where local governing authority building permits are not required, the builder, developer, or building owner following said plans shall require such a certificate of compliance to be displayed on the plans before starting construction.",
and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(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

2286

JOURNAL OF THE SENATE

conforms to Code Sections 30-3-3 and 30-3-4 and unless the architect or engineer responsible for preparation of said plans and specifications af fixes that person's seal on such plans. The affixing of the seal of an archi tect 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 Sections 30-3-3 and 30-3-4. A certifi cate of compliance may be displayed on said plans in lieu of the archi tect'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 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 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 Sections 30-3-3 and 30-3-4 and unless the architect or engineer responsi ble 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 conform ity with Code Sections 30-3-3 and 30-3-4. 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 construction. 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 compliance to be displayed on the plans before starting construction."

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

Senator Burton of the 5th offered the following amendment:

Amend HB 506 by striking on Page 1, line 26 the figure "2"
and adding in lieu thereof the figure "1".

TUESDAY, MARCH 5, 1985

2287

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Dean English Engram

Fincher Foster Garner Greene Harrison Mine Horton Howard Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
T1 acttlpC
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert

Bryant

Bond

Deal (excused)

Broun of 46th (excused) Gillis

Harris Holloway Hudgins

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
Senate Sponsor: Senator Perry of the 7th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Dean English Engram

Fincher Foster Garner Greene Harrison Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

Those not voting were Senators:

Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Albert Bond Broun of 46th (excused) Bryant

Deal (excused) Gillis Harris

Hine Howard Phillips

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 275.

By Representatives Pannell of the 122nd, Kingston of the 125th and Triplet! of the 128th:
A resolution authorizing the conveyance of certain real property located in Chatham County, Georgia, to Rita N. Shinall.

Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

TUESDAY, MARCH 5, 1985

2289

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Dean English Engram

Fincher Foster Gillis Greene Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Langford McGill McKenzie

Those not voting were Senators:

Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bond Bowen Broun of 46th (excused) Bryant

Deal (excused) Garner Harris

Howard Land Scott of 2nd

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 235.

By Representatives Lane of the lllth and Godbee of the 110th:
A resolution commending the Doctors Floyd of Bulloch County and designating the Doctors Floyd Bridge.

Senate Sponsor: Senator Kennedy of the 4th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker

Barnes Bowen Brannon

Brantley Brown of 47th Burton

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JOURNAL OF THE SENATE

Coleman Coverdell Dean English Engram GFcFioinlslcttisehrer
Harris
Harrison
Hine
Holloway

Horton Hudgins Muggins Kennedy Kidd L\MMAaccnGK^g-iefnlonlrzdie
Perry
Phillips
Ray
Reddish

Scott of 2nd Scott of 36th Starr Stumbaugh Tate _T.immons
Tolleson
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Albert Bond Broun of 46th (excused) Bryant

Cobb Dawkins Deal (excused) Garner

Greene Howard Land Peevy

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, and the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.
Senate Sponsor: Senator Hine of the 52nd.

Senators Hine of the 52nd and Greene of the 26th offered the following substitute to HB 907:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relative to revision of a judgment for permanent alimony; to change the pe riod of time relative to pendency of an action for revision; to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 5, 1985

2291

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-6-19, relating to revision of a judgment for permanent ali mony or child support, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When an action for revision of a judgment for permanent ali mony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider ev idence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial."
Section 2. Said title is further amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation of children, and in serting in lieu thereof a new Code Section 19-7-22 to read as follows:
"19-7-22. A father of an illegitimate child may render the same leg itimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presenta tion and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known."
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:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bowen

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JOURNAL OF THE SENATE

Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins 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 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Bond

Bryant

Broun of 46th (excused) Deal (excused)

Scott of 2nd Tate

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 Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, MARCH 6, 1985

2293

Senate Chamber, Atlanta, Georgia Wednesday, March 6, 1985 Thirty-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 bill of the House:

HB 837.

By Representatives Isakson of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the appointment and compensation of investigators.

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 officials, so as to change certain of such salaries; to add certain officials.

The Speaker has appointed on the part of the House, Representatives Walker of the 115th, Lee of the 72nd and Coleman of the 118th.

The House adheres to its position in disagreeing to the Senate substitute and has

2294

JOURNAL OF THE SENATE

appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 sale, use, or final delivery within this state of all distilled spirits and alcohol.

The Speaker has appointed on the part of the House, Representatives Dixon of the 151st, Bishop of the 94th and Chambless of the 133rd.

The House insists on its position in amending the following bill of the Senate:

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 House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

WEDNESDAY, MARCH 6, 1985

2295

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 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 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.

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 House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 17. By Senator Broun of the 46th:
A resolution creating the Joint Small Businesses in Georgia Study Committee.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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

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JOURNAL OF THE SENATE

court during the prosecution of such offense; to provide for certain exceptions.

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House has agreed to the Senate substitute to the following bills of the House:

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.

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.

HB 940.

By Representatives Dean of the 29th, Ray of the 98th, Dunn of the 73rd and others:
A bill to amend Code Section 16-10-22 of the Official Code of Georgia Annotated, relating to conspiracy in restraint of free and open competi tion and conspiracy in restraint of trade in transactions with the state or political subdivisions, so as to provide that persons who are convicted of or who plead guilty to certain violations shall be ineligible to submit a bid on, enter into, or participate in certain contracts for a period of ten years.

The House has agreed to the Senate amendment to the following bill of the House:

WEDNESDAY, MARCH 6, 1985

2297

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.

The House has agreed to the Senate amendment to the following resolutions of the House:

HR 197. By Representatives Phillips of the 120th and Porter of the 119th: A resolution compensating Sheila J. and Kenneth A. Burns.

HR 232.

By Representatives Steinberg of the 46th, Alford of the 57th, Robinson of the 58th and others:
A resolution to create the DeKalb County Land Use Study Commission to study matters relating to the implementation and enforcement of a land use plan for DeKalb County.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1065.

By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the deposits for advance costs.

The House has agreed to the Senate amendment to the following bill of the House:

HB 1052.

By Representative Adams of the 36th:
A bill to amend the charter of the City of College Park, Georgia, so as to modify the provisions relating to ad valorem taxation.

The House has agreed to the Senate substitute to the following bill of the House:

HB 965.

By Representatives Thompson of the 20th, Cooper of the 20th, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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JOURNAL OF THE SENATE

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 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 such other jurisdictions.

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 House has agreed to the Senate amendment to the following bill of the House:

HB 957.

By Representative Bolster of the 30th:
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 that city, so as to authorize the city to have and be authorized to exercise all redevelop ment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law."

The House has agreed to the Senate substitute to the following bills of the House:

HB 579.

By Representatives Padgett of the 86th and Cheeks of the 89th:
A bill to provide for the membership of the board of the Richmond County Hospital Authority.

HB 1051.

By Representatives Aiken of the 21st, Wilder of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change compensation provisions relating to the chief deputy clerk and the clerk; to change compensation provisions relating to the chief assis tant solicitor and the assistant solicitors.

WEDNESDAY, MARCH 6, 1985

2299

The House has passed, by substitute, by the requisite constitutional majority the following bill 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 House has passed by the requisite constitutional majority the following bill of the Senate:

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 House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 91. By Senator Burton of the 5th:
A resolution designating the right whale as the official Georgia state marine mammal.

The House has passed by the requisite constitutional majority the following bill of the Senate:

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 following resolutions of the Senate were introduced, read the first time and referred to committees:

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JOURNAL OF THE SENATE

SR 234. By Senator Kidd of the 25th: A resolution recognizing medicare and Medicaid providers.
Referred to Committee on Human Resources.

SR 235. By Senators Turner of the 8th, McKenzie of the 14th and Bowen of the 13th:
A resolution urging continuation of the General Revenue Sharing Program.
Referred to Committee on Urban and County Affairs.

The following bill of the House was read the first time and referred to committee:

HB 837. By Representatives Isakson of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the appointment and compensation of investigators.
Referred to Committee on Urban and County Affairs.

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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 484. Do pass. HB 658. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 82. HB 665. HB 695.

Do pass. Do pass. Do pass as amended.

HB 747. Do pass by substitute. HB 832. Do pass.

WEDNESDAY, MARCH 6, 1985

2301

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 91. Do pass by substitute. HB 651. Do pass by substitute.

HB 653. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 848. Do pass by substitute. HB 887. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 614. Do pass as amended. HB 205. Do pass as amended.

HB 539. 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

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JOURNAL OF THE SENATE

HB 82. By Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th and others:
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.

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.

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 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 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 system.

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.

WEDNESDAY, MARCH 6, 1985

2305

HB 539.

By Representatives Pettit of the 19th and Hanner of the 131st:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records.

HB 614.

By Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd and others:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family vio lence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding fam ily violence; to provide that the performance of such duties shall not con stitute the unauthorized practice of law.

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 on the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.

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 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 665.

By Representatives Groover of the 99th and Ware of the 77th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer.

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JOURNAL OF THE SENATE

HB 686.

By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for purposes of private gain to any indi vidual; to prohibit the release of inmates for fraternization with custodians.

HB 695.

By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th and Greer of the 39th:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner.

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.

HB 832.

By Representative Watson of the 114th:
A bill to amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents.

HB 848.

By Representatives Sizemore of the 136th, Groover of the 99th, Chambless of the 133rd and Childs of the 53rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal intravenous infusion.

HB 887.

By Representatives Chambless of the 133rd, Evans of the 84th and Thomas of the 69th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available.

HB 917.

By Representative Watson of the 114th:
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

WEDNESDAY, MARCH 6, 1985

2307

findings of the General Assembly; to designate a responsible state agency.

HR 102. By Representative Childs of the 53rd:
A resolution relative to a comparative analysis of Georgia's local retire ment systems.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Allgood Baldwin Barnes Bowen
BBrroanuntl,eoyf 46th
Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

English Engram Fincher Foster Garner
GHraererinse
Harrison Hine Holloway Huggins Kennedy Kidd Land

McGill Peevy Perry av Reddish
Scccoott..tt Qnofff 231<n6;dt.,h
. Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Barker Bond Coverdell Dean

Horton Howard Hudgins Langford

McKenzie (excused) Phillips Timmons Walker

Senator Peevy of the 48th introduced the chaplain of the day, Reverend W. C. Corley, pastor of the First Baptist Church, Lawrenceville, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 233. By Senator Kennedy of the 4th: A resolution commending the Wildlife Club of Evans County.

SR 236.

By Senators Foster of the 50th and Deal of the 49th:
A resolution recognizing and commending Drs. Ruperto Joseph and Caridad Palomares Lopez.

2312

JOURNAL OF THE SENATE

SR 128 Senate Private Long-term Care Insurance Study Committee--create (Rules--14th)
SR 132 Women's Correctional Institution Study Committee--create (Rules--17th)
SR 150 Senate Study Committee on Rail Line Abandonment--create (Rules--12th)
SR 151 Senate L&N Railroad Lease Study Committee--create (Rules-- 12th)
SR 163 Driver Improvement Clinics--relative to (SUBSTITUTE) (Pub Saf--40th)
SR 164 Third-Party Reimbursement of Nursing Services--Insurance Com mittee study (Rules--49th)
SR 171 Auto Repair Industry Study Committee--create (Rules--56th)
SR 175 Senate Emergency Medical Services Study Committee--create (Rules--30th)
SR 181 Senate Merit System Study Committee--create (Rules--25th)
SR 193 Long Distance Telecommunications Study Committee--create (Rules--12th)
SR 201 Law Enforcement Officer Salary Incentive Study Committee--create (Rules--25th)
HB 30 Public Housing--change penalty for fraudulently obtaining (Judy-- 15th)
HB 309 Corporate Asset Disposition--certain approval of board of directors, shareholders (Judy--49th)
HB 583 Alcohol Consumption on Sunday--provisions for certain counties (SUBSTITUTE) (C Aff--39th)
HB 711 Superior Court Clerks--minimum annual salary (Gov Op--25th)
HB 231 Emeritus or Retired State Court Judge--provisions for issuing war rant (Judy--49th)
SR 199 DeKalb, Houston, Hall, Cobb and Others--child sexual abuse proto cols (C&Y--2nd)
HB 174 Corporation Officer, Employee--no prior shareholder approval to purchase shares (Judy--49th)
HB 885 Firelighter Training and Standards Council--composition (SUBSTI TUTE) (Pub Saf--28th)
HB 59 Garnishment--amount garnishee can deduct from funds paid into court (AMENDMENT) (J&CL--16th)
HB 630 Right of Voluntary Dismissal--change provisions (J&CL--33rd)
HR 214 Northeast Georgia Study--urge United States Army Corps of Engi neers to complete (Nat R--46th)
HR 236 Captain William Cone Bridge--designate (Trans--4th)
HB 464 Peace Officer Standards and Training Council--powers and duties (Pub Saf--28th)

WEDNESDAY, MARCH 6, 1985

2313

HB 274 Public Safety Department--certain information from records to cer tain government agencies (SUBSTITUTE) (Pub Saf--28th)
HB 693 Defense Department Emergency Management Division--change title of deputy director (D&VA--3rd)
HB 64 Tax Executions--combine for levy (Judy--29th)
HB 74 Probate Court Judge -- specify qualifications (J&CL--26th)
SR 203 Youth Art Month in Georgia--relative to (C&Y--30th)
HB 615 Breast Cancer Suspect--urge physicians to distribute booklet (SUB STITUTE) (Hum R--42nd)
HB 822 Vacancies in Party Nominations--manner of filling (Gov Op--25th)
HB 735 Probate of Will--probate court have jurisdiction over action to va cate, amend (SUBSTITUTE) (Judy--49th)
HB 27 Criminal Case Involving Sex Offense--when person under 16 years of age testifying (AMENDMENT) (C&Y--2nd)
HB 705 Department of Transportation--award contract when only one bid received (SUBSTITUTE) (Trans--1st)
HR 200 Charlie Kendrick Memorial Bridge--designate (Trans--54th)
HB 170 Special County 1% Sales Tax--authorize (SUBSTITUTE) (B&F-- 15th)
HB 85 Grand Jurors--change number selected mechanically, electronically (SUBSTITUTE) (Judy--49th)
HB 250 Nonaccidental Injury--certain personnel in ambulatory surgical cen ters report (Hum R--42nd)
SR 214 Commemorative Stamp on Georgia's 200th Year--request Postal Service to issue (AMENDMENT) (Rules--40th)
HB 659 Death Certificates--additional requirements for filing (Hum R-- 52nd)
SR 186 Soil Conservation Service Proposed Budget Cutbacks--urge reevaluation (Nat R--49th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd moved that the Senate adhere to its disagreement to the House amendments to SB 77, and that a Conference Committee be appointed.

On the motion, the yeas were 28, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 77.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Barnes of the 33rd, Greene of the 26th and Broun of the 46th.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 17 was as follows:

A BILL
To be entitled an Act to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of civil cases after dismis sal, so as to provide that a renewed case filed within six months shall stand on the same footing, as to limitation, with the original case both where the original case was filed in a court of this state and where the original case was filed in a federal court; to clarify that a case may be dismissed and recommenced more than once during the applicable period of limitation; 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 9-2-61 of the Official Code of Georgia Anno tated, relating to renewal of civil cases after dismissal, is amended by strik ing in its entirety subsection (a), which reads as follows:
"(a) If a plaintiff discontinues or dismisses his case and recom mences the same within six months, the renewed case shall stand upon the same footing, as to limitation, with the original case. However, this privilege of dismissal and renewal shall be exercised only once under this Code section.",

WEDNESDAY, MARCH 6, 1985

2315

and inserting in its place a new subsection (a) to read as follows:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discon tinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later; pro vided, however, if the dismissal or discontinuance occurs after the expira tion of the applicable period of limitation, this privilege of renewal shall be exercised only once."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 17.

On the motion, 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 Foster Garner Greene Harris Harrison Hine Holloway 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:

Bond Coleman Engram

Fincher Gillis Horton

Howard McKenzie (excused) Scott of 2nd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 17.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, the yeas were 34, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

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.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the yeas were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 171. By Senator Brantley of the 56th: A resolution to create the Auto Repair Industry 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, the yeas were 31, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 175. By Senators Garner of the 30th and Harrison of the 37th:
A resolution creating the Senate Emergency Medical Services 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, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 6, 1985

2321

SR 181. By Senator Kidd of the 25th: A resolution creating the Senate Merit System 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, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 193.

By Senator Holloway of the 12th:
A resolution creating the Long Distance Telecommunications 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, the yeas were 37, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 201.

By Senators Kidd of the 25th, Kennedy of the 4th, Bowen of the 13th and Garner of the 30th:
A resolution creating the Law Enforcement Officer Salary Incentive 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, the yeas were 31, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a com munication to the Senate on March 1, which is included in the Journal of March 1.

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JOURNAL OF THE SENATE

Senator Barnes of the 33rd asked unanimous consent that the reading of the ap pointments be dispensed with since they had been printed and distributed by the Secre tary to each Senator and that one roll call suffice on both appointments unless any Senator designated any appointee be deleted from the list and voted on individually.
The consent was granted.

No Senator requested the name of any appointee be deleted.

On the confirmation motion, 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

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Those not voting were Senators:

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Dean Hudgins

McKenzie (excused)

Timmons

On the motion, the yeas were 52, nays 0; the motion prevailed, and both of the appointees were confirmed.

WEDNESDAY, MARCH 6, 1985

2323

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
Honorable Joe Frank Harris Governor State Capitol Atlanta, Georgia
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 1, 1985, were acted upon by the Georgia State Senate in session on March 6, 1985, with the following results:
Honorable Freeman N. Poole of Clayton County as a member of the State Board of Polygraph Examiners, for the term of office beginning Febru ary 27, 1985, and ending July 15, 1990. The vote on this confirmation was yeas 52, nays 0, and the nominee was confirmed.
Honorable Wiley S. Bolden, Ed.D., of Fulton County as a member of the State Board of Examiners of Psychologists, for the term of office begin ning February 14, 1985, and ending January 7, 1990. The vote on this con firmation was yeas 52, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 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 House substitute to SB 61 was as follows:

A BILL To be entitled an Act to amend Title 15 of the Official Code of Georgia

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JOURNAL OF THE SENATE

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; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the district attorney's secretary salary schedule; to increase the base annual salary of each secretary of district attorneys 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 in creases; to provide for the adjustment of the salary scale to provide inclusion of across-the-board increases granted members of the classified service of the State Merit System of Personnel Administration; to allow for lateral transfer to the superior court judges' secretaries salary schedule; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The base annual salary of each secretary shall be estab lished on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 6 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) Each step on said pay schedule 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 that occurs after June 30, 1985.
(3) Each superior court judge may grant to each secretary a merit increase equal to one step on the pay schedule, or any revised pay sched ule resulting from an across-the-board increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws.
(4) Each secretary employed on July 1, 1985, shall be placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; pro vided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may trans-

WEDNESDAY, MARCH 6, 1985

2325

fer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
Section 2. Said title is further amended by striking subsection (c) of Code Section 15-18-17, relating to the appointment, qualifications, duties, status, and compensation of secretaries of district attorneys of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The base annual salary of each secretary shall be estab lished on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) Each step on said pay schedule 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 which is effective after June 30, 1985.
(3) Each district attorney may grant to each secretary a merit in crease equal to one step on the pay schedule, or any revised pay schedule resulting from an across-the-board increase, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing law or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under pre viously existing law.
(4) Each secretary employed on July 1, 1985, shall be:
(A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or
(B) Placed upon the next higher step if the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of para graph (3) of this subsection.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 on the pay schedule in effect on the date of appointment; pro vided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a dis trict attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 61.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bond
Bowen Brannon Brantley Broun of 46th
Brown of 47th Bryant
Burton Cobb Coleman
Coverdell Dawkins

Deal English Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard 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:

Dean Hudgins

Huggins McKenzic

Timmons

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 61.

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 1088.

By Representative Ware of the 77th:
A bill to provide for the election of members of the Heard County Board of Education; to provide for five education districts; to provide for qualifi cations of the members of the board.

WEDNESDAY, MARCH 6, 1985

2327

HB 1091.

By Representative Ross of the 82nd:
A bill to provide homestead exemptions from Wilkes County and Wilkes County school district ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions.

HB 1094.

By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner.

HB 1095.

By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairman and other members of said board of commissioners.

HB 1098.

By Representative Edwards of the 112th:
A bill to amend an Act changing the number of members of the county board of education of Taylor County, so as to provide for new education districts.

HB 1099.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the compensation of the commissioner.

HB 1101.

By Representatives Byrd of the 153rd and Moody 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 authorizing the gov erning authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes.

HB 1102.

By Representatives Walker of the 115th, Watson of the 114th and Wad dle of the 113th:
A bill to amend an Act creating the Houston Judicial Circuit, so as to change provisions relating to the compensation and salary supplements of the judges of the Houston Judicial Circuit.

HB 1103.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to provide for a board of registration and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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JOURNAL OF THE SENATE

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 lim its of the City of Marietta; to repeal conflicting laws; and for other pur poses.", approved March 28, 1984 (Ga. L. 1984, p. 5004); to provide for intent.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office.

SB 274.

By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, as amended, so as to change the compensation provi sions relating to the members of the board of commissioners; to provide an effective date.

SB 278.

By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Dawson County, as amended, so as to change the provisions relating to the com pensation of said commissioner.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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.

SB 280.

By Senator Cobb of the 28th:
A bill to amend an Act reincorporating the City of Senoia in Coweta County and providing a new charter for said city so as to change the corporate limits of said city.

WEDNESDAY, MARCH 6, 1985

2329

SB 281.

By Senator Foster of the 50th:
A bill to amend an Act creating the Etowah Water and Sewer Authority, as amended, so as to change the provisions relating to the issuance of revenue bonds by the Authority.

SB 283.

By Senator Harrison of the 37th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, as amended, so as to change the corporate boundaries of the city.

SB 284.

By Senator Bowen of the 13th:
A bill to create a new charter for the Town of Byromville, Georgia; to provide for the incorporation, powers, and boundaries of said town; to provide for the governing authority; to provide for the mayor and council; to provide for administration; to provide for a recorder's court of such town; to provide for elections; to provide for the financial and fiscal af fairs of the town.

SB 286.

By Senator Tolleson of the 32nd:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to provide for terms of office of the mayor and councilmen; to provide for a referendum; to provide an effective date.

The following bills of the House were read the first time and referred to committee:

HB 1088. By Representative Ware of the 77th:
A bill to provide for the election of members of the Heard County Board of Education; to provide for five education districts; to provide for qualifi cations of the members of the board.
Referred to Committee on Urban and County Affairs.

HB 1091. By Representative Ross of the 82nd:
A bill to provide homestead exemptions from Wilkes County and Wilkes County school district ad valorem taxes; to provide requirements to be eligible to claim such exemptions; to provide definitions.
Referred to Committee on Urban and County Affairs.

HB 1094. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1095. By Representative Rainey of the 135th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairman and other members of said board of commissioners.
Referred to Committee on Urban and County Affairs.

HB 1098. By Representative Edwards of the 112th:
A bill to amend an Act changing the number of members of the county board of education of Taylor County, so as to provide for new education districts.
Referred to Committee on Urban and County Affairs.

HB 1099. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, so as to change the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.

HB 1101. By Representatives Byrd of the 153rd and Moody 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 authorizing the gov erning authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes.
Referred to Committee on Urban and County Affairs.

HB 1102. By Representatives Walker of the 115th, Watson of the 114th and Wad dle of the 113th:
A bill to amend an Act creating the Houston Judicial Circuit, so as to change provisions relating to the compensation and salary supplements of the judges of the Houston Judicial Circuit.
Referred to Committee on Urban and County Affairs.

HB 1103. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to provide for a board of registrations and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members.
Referred to Committee on Urban and County Affairs.

Senator Land of the 16th introduced the doctor of the day, Dr. S. A. Roddenberry, of Columbus, Georgia.

Senator Cobb introduced Dr. Jack Giles of Newnan, Georgia, who served as a

WEDNESDAY, MARCH 6, 1985

2331

doctor of the day on Tuesday, March 5, but was not introduced in the Senate on that day.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsor: Senator Hudgins of the 15th.

Senators Scott of the 2nd and Bond of the 39th offered the following amendment:

Amend HB 30 by placing a period after the word "misdemeanor" on line 26 of Page 1; striking all language thereafter in Section 1; and then adding a sentence following the period as follows:
"Where any person is convicted of violating this section and is or dered to make restitution as a condition of probation, the court imposing such sentence shall be authorized to extend the period of probation for a period longer than 12 months not to exceed 36 months."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

2332

JOURNAL OF THE SENATE

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

Those not voting were Senators Land and McKenzie (excused).

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
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 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 Peevy Perry Phillips Ray Reddish Scott of 36th Starr

WEDNESDAY, MARCH 6, 1985

2333

Stumbaugh Tate Timmons

Tolleson Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barker

McKenzie (excused)

Scott of 2nd

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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.

Senate Sponsors: Senators Bond of the 39th and Howard of the 42nd.

Senators Howard of the 42nd, Stumbaugh of the 55th and Walker of the 43rd offered the following substitute to HB 583:

A BILL
To be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an indepen dent school system shall be authorized through its governing authority 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; to provide for a referendum regarding the authorization of certain Sunday alcoholic bever age sales; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, is amended by adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows:

"(n) (1) Notwithstanding other laws, in any county in which onehalf of the net revenues collected from the legalizing, controlling, licens ing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality hav ing an independent school system shall be authorized through its gov erning authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow:

(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and

(B) The sale and service by the drink of alcoholic beverages on Sun days from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and bever age sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

(2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the mu nicipality, whose governing authority approved that resolution or ordi nance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall Sunday sales of alcoholic beverages by the drink be authorized in (name of municipality)?'

All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for ap proval of Sunday sales, the resolution or ordinance approving such Sun day sales shall become effective upon the date so specified in that resolu-

WEDNESDAY, MARCH 6, 1985

2335

tion or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Greene of the 26th and Horton of the 17th offered the following substi tute to HB 583:

A BILL
To be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an independent school system shall be authorized through its governing authority to allow the sale of alcoholic bev erages 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 cer tain period of time on Sundays; to provide for a referendum regarding the authorization of certain Sunday alcoholic beverage sales; to prohibit and re strict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to limit further prohibition and re striction of certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to provide for applicability and for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, is amended by adding a new subsection at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, to be designated subsection (n), to read as follows:
"(n) (1) Notwithstanding other laws, in any county in which onehalf of the net revenues collected from the legalizing, controlling, licens ing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality hav ing an independent school system shall be authorized through its gov erning authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow:
(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and
(B) The sale and service by the drink of alcoholic beverages on Sun-

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JOURNAL OF THE SENATE

days from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and bever age sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

(2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the mu nicipality, whose governing authority approved that resolution or ordi nance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall Sunday sales of alcoholic beverages by the drink be authorized in (name of municipality)?'

All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for ap proval of Sunday sales, the resolution or ordinance approving such Sun day sales shall become effective upon the date so specified in that resolu tion or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Section 2. Said chapter is further amended by adding a new Code sec tion at the end of 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, to be designated Code Section 3-3-31, to read as follows:

"3-3-31. (a) As used in this Code section, the term:

(1) 'Drink' means a single portion beverage which contains any alco holic beverage.

(2) 'Licensee' means any retail consumption dealer or retail dealer who sells alcoholic beverages by the drink for consumption on the premises.

(3) 'Price regularly charged' means the full price charged without discounts by the licensee for such drink or drinks during the preceding calendar week.

WEDNESDAY, MARCH 6, 1985

2337

(4) 'Private function' means any affair where attendance is by invi tation only and where the cost of the drinks served is paid by the host.
(b) No licensee or agent or employee of a licensee shall:
(1) Offer or deliver any free drinks to the general public;
(2) Sell, offer to sell, or deliver to any person or group of persons any drink or drinks at a price less than one-half the price regularly charged for such drink or drinks;
(3) Sell, offer to sell, or deliver more than one drink to one person at one time;
(4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of drinks during any set period of time for a fixed price;
(5) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, by the pitcher, except to two or more persons at any one time;
(6) Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price charged for such drink; or
(7) Encourage or permit on the licensed premises any game or con test which involves drinking or the awarding of drinks as prizes.
(c) The prohibitions and restrictions in subsection (b) of this Code section which apply to licensees or agents or employees of licensees shall not:
(1) Apply at private functions;
(2) Prohibit the offering of free food or entertainment at any time;
(3) Prohibit including drinks as part of the price of a hotel, travel, entertainment, or meal package;
(4) Prohibit the sale, offer to sell, or delivery of wine by the bottle or carafe; or
(5) Prohibit any hotel or motel from offering room service to regis tered guests."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senators Greene of the 26th and Horton of the 17th, the yeas were 32, nays 1, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ruled that, since the substitute to HB 583 offered by Senators Greene of the 26th and Horton of the 17th was adopted, the substitute offered by Senators Howard of the 42nd, Stumbaugh of the 55th and Walker of the 43rd became moot.

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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 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 Bond Bowen Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Dean

English Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Kidd Land Langford McGill

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
TL natlpe
Timmons Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Barnes Brannon Brown of 47th

Deal Fincher Garner

Huggins Peevy

Those not voting were Senators:

Hudgins Kennedy (presiding)

McKenzie (excused)

Walker

On the passage of the bill, the yeas were 44, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House action thereon:

WEDNESDAY, MARCH 6, 1985

2339

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.

Senator Holloway of the 12th moved that the Senate adhere to the Senate substi tute to HB 463, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 463.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Holloway of the 12th, Greene of the 26th and Deal of the 49th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 711.

By Representative Murphy of the 18th: A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.
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 Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dean Engram Fincher Foster Garner Gillis

Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

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JOURNAL OF THE SENATE

McGill Peevy Perry
Phillips Ray

Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh

Tate Timmons Tolleson
Trulock Turner

Those not voting were Senators:

Barker Brantley Dawkins Deal

English Hudgins Kennedy (presiding) Langford

McKenzie (excused) 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 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.
Senate Sponsors: Senators Deal of the 49th and Hine of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Broun of 46th Brown of 47th

Burton Cobb Coleman Coverdell Dawkins Dean Engram Fincher Foster

Garner Greene Harris Harrison Hine Holloway Horton Howard Huggins

WEDNESDAY, MARCH 6, 1985

2341

Kidd Land LMacnGgiflol rd
Peevy
Phillips

Ray Reddish SSctuomtt boafug3h6th
Tate
Timmons

Tolleson Trulock Tlurner
Tysmger
Walker

Those not voting were Senators:

Barnes Brantley Bryant Deal

English Gillis Hudgins Kennedy (presiding)

McKenzie (excused) Perry Scott of 2nd Starr

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 19 was as follows:

A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to 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

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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 or net worth affidavits; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administra tion of polygraph examinations; to provide for applicability; to provide a ter mination date; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide a cause of action for persons who suffer damages as a result of polygraph examina tions; 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 ments. Any use of a polygraph or a polygraph examination which is primarily intended to frighten or intimidate rather than measure stressful physiological 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 an instrument to measure stressful physiologi cal responses for the purpose of testing or questioning individuals so as to detect deception or verify truth of statement. 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 as described in para graph (2) of this Code section.
(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.

WEDNESDAY, MARCH 6, 1985

2343

(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.
(f) 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 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 (0 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 violations of this chapter;

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(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 reg ulations; and
(6) To adopt, amend, or repeal all rules necessary to carry this chap ter into effect.
43-36-6. (a) In order to qualify for a license as a polygraph exam iner, 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 university or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at 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 six 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.
(b) The board, in its discretion, may waive the 'on premises' require ment during the internship period in cases of extreme hardship.
43-36-7. (a) Prior to examination, a polygraph examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring

WEDNESDAY, MARCH 6, 1985

2345

all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board.
(b) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the applicant during the intern program.
(c) Once a licensed polygraph examiner has been approved to super vise a polygraph examiner intern, the intern may not transfer to the su pervision of another licensed polygraph examiner without the prior ap proval of the board.
(d) (1) The polygraph examiner who supervises a polygraph exam iner 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.
(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.
(e) 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.
(f) 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

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requirements set out in Code Section 43-36-6 for a polygraph examiner, the board shall issue and deliver to such applicant a license to conduct 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 subsection (a) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph examiner intern, charging such fee for the issuance of the li cense 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 subsection (a) 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 similar to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in 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 renewa ble 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

WEDNESDAY, MARCH 6, 1985

2347

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 polygraph 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 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 include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee 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) Only three types of opinions will be rendered by a polygraph examiner:
(A) Deception indicated;
(B) No deception indicated; or
(C) Inconclusive chart analysis.

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(3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued em ployment of an examinee.
(4) 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 or public safety 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.
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 is consenting voluntarily to take the 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;

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2349

(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Beliefs, affiliations, or lawful activities regarding unions or labor 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 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 Examin ers; 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 ex amination, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject.
(B) No polygraph examiner after conducting a preemployment poly graph examination shall conduct an accusatory interrogation for the pur pose 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.

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(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 or public safety personnel conducting inter nal investigations or a specific criminal investigation reported to a law enforcement or public safety 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.
(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 con tract 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 $25,000.00 liability insurance. No licensee or applicant shall cancel or cause to be canceled any insurance policy 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.
(b) (1) In lieu of the requirements of subsection (a) of this Code section, each applicant for a license under this chapter shall provide sat isfactory 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 $10,000.00, 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

WEDNESDAY, MARCH 6, 1985

2351

that the prospective licensee has a net worth of more than $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board shall require licensees under this Code section to submit periodic financial updates 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 author ity to revoke any license issued under this chapter.
(2) If the insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance car rier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insurance policy, bond, or net worth statement showing that the licensee has a net worth of $50,000.00, calculated according to standard accounting procedures, the license of such person shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement.
(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 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. 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.
43-36-21. 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-

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demic or scientific pursuits and in no way shall be used for specific em ployment or law enforcement or public safety objectives.
43-36-22. Only provisions of this chapter pertaining to licensing, training, and instrumentation shall apply to municipal, county, and state law enforcement or public safety agencies.
43-36-23. 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 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. Nothing contained in this act shall be construed so as to authorize the results of any polygraph examination to be introduced in evi dence in any judicial or administrative proceeding in this state; nor shall this act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate disagree to the House substitute to SB 19.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 19.

WEDNESDAY, MARCH 6, 1985

2353

The following resolution of the Senate and general bill of the House, favorably reported by the committees, were read the third time and put upon their passage:

SR 199. By Senators Scott of the 2nd, Langford of the 35th, Hudgins of the 15th and others:
A resolution relative to child sexual abuse protocols in DeKalb County, Houston County, Hall County, Spalding County, Cobb County and Lowndes County.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

Langford McGill Peevy Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Barnes Dean English Gillis

Hudgins Kennedy (presiding) McKenzie (excused)

Perry Scott of 2nd Turner

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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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.
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 Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

English Engram Foster Garner Greene Harris Harrison 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

Voting in the negative was Senator Hine.

Those not voting were Senators:

Bowen Brantley Dean

Fincher Gillis Hudgins

Kennedy (presiding) McKenzie (excused) Scott of 2nd

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 6, 1985

2355

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 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 885.

By Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd and others:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Stan dards Council.

Senate Sponsor: Senator Cobb of the 28th.

The Senate Committee on Public Safety offered the following substitute to HB 885:

A BILL
To be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to redefine the term "fire department"; to change the composition of the Georgia Firefighter Training and Standards Council; to change the provisions relative to advi sory committees; to provide for certain expenses and allowances; to change the provisions relative to the business of the council; to provide for the trans fer of a firefighter's certification under certain circumstances; to provide that a fire department shall not be required to accept the transfer of a firefighter's certification; to change the qualifications of personnel assigned as airport firefighters; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking paragraph (1) of Code Section 25-3-21, relating to definitions in connection with the establishment of minimum requirements for all fire departments operating in this state, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) (A) 'Fire department' means any fire department which is au thorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2.
(B) 'Fire department' also means any department, agency, organiza tion, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards."
Section 2. Said title is further amended by striking Code Section 25-43, relating to the Georgia Firelighter Standards and Training Council, which reads as follows:
"25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall consist of seven voting members and three advisory members and shall be composed as follows:
(1) (A) The president of the Association County Commissioners of Georgia or his designated representative;
(B) The president of the Georgia Municipal Association, Inc., or his designated representative;
(C) The Safety Fire Commissioner or his designated representative;
(D) The president of the Georgia Association of Fire Chiefs or his designated representative;
(E) The president of the Georgia State Firemen's Association or his designated representative;
(F) The president of the Georgia City and County Management As sociation or his designated representative; and
(G) The chairman of the Training Committee of the Georgia State Firemen's Association.
(2) (A) The director of the Georgia Fire Academy or his designated representative;
(B) The director of the Division of Vocational Education of the De partment of Education or his designated representative; and
(C) One member from the Southeastern Underwriters Association;

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2357

all of whom shall serve on the council in an advisory capacity only, with out voting privileges.",
in its entirety and substituting in lieu thereof a new Code Section 25-4-3 to read as follows:
"25-4-3. The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven members, one of whom shall be the Safety Fire Commissioner or the designated represen tative of the Safety Fire Commissioner. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county;
(2) One member shall be a member of the governing authority of a municipality;
(3) One member shall be a city or county manager;
(4) One member shall be the chief of a county or municipal fire department; and
(5) Two members shall be state certified firefighter training officers.
(b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole dis cretion of the Governor. However, the Governor may consider for ap pointment to the council persons suggested for membership thereon as follows:
(1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section;
(2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of said subsection (a);
(3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to par agraph (3) of said subsection (a);
(4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of said subsection (a); and
(5) The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of said subsection (a).
(c) The first members of the council appointed by the Governor pur suant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pur-

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suant to paragraphs (3) and (4) of said subsection (a) shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of said subsection (a) shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceas ing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial mem bers of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organi zation designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy.
(d) At the first regular meeting of the council held in each evennumbered year, the council shall elect a chairman and such other officers from its own membership as it deems necessary to serve until a successor is elected by the council as provided in this subsection.
(e) The council may, from time to time, designate an advisory com mittee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such ad visory committee shall serve at the pleasure of the council.
(f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of state examining boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
Section 3. Said title is further amended by striking Code Section 25-46, relating to the business of the council, in its entirety and substituting in lieu thereof a new Code Section 25-4-6 to read as follows:
"25-4-6. The business of the council shall be conducted in the fol lowing manner:
(1) The council shall hold at least two regular meetings each year at the call of the chairman or upon the written request of four members of the council. Four members of the council shall constitute a quorum.
(2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation."
Section 4. Said title is further amended by striking Code Section 25-49, relating to training and certification of firefighters, in its entirety and sub stituting in lieu thereof a new Code Section 25-4-9 to read as follows:

WEDNESDAY, MARCH 6, 1985

2359

"25-4-9. (a) In addition to complying with the preemployment stan dards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firemen, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall de termine the courses, the number of hours per course, and all matters rel ative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program.
(b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subse quently employing fire department, transfer such certification to the em ploying fire department.
(c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."
Section 5. Said title is further amended by striking subsection (h) of Code Section 25-4-31, relating to minimum standards and training for per sonnel assigned as airport firefighters, which reads as follows:
"(h) In addition to the requirements of this Code section, an airport firefighter shall meet all of the other qualifications contained in Article 1 of this chapter, the 'Georgia Firefighter's Standards and Training Act.' ",
in its entirety.
Section 6. 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 Brannon
Brantley Broun of 46th Brown of 47th

Bryant Burton
Cobb Coverdell Dawkins

2360
English Engram Foster Garner Greene Harris Harrison Hine Holloway Horton

JOURNAL OF THE SENATE

Howard Huggins Kidd Land Langford McGill Peevy Perry Phillips Ray

Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Deal Dean

Fincher Gillis Hudgins Kennedy (presiding)

McKenzie (excused) Scott of 2nd Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 224.

By Senator Broun of the 46th:
A resolution recognizing and expressing sincere appreciation to Dean Emily Quinn Pou.

Senator Broun of the 46th introduced Dean Pou to the Senators.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 81 was as follows: The Committee of Conference on HB 81 recommends that both the

WEDNESDAY, MARCH 6, 1985

2361

Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 81 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Carl Harrison Senator, 37th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Fred Aiken Representative, 21st District
/s/ Luther S. Colbert Representative, 23rd District
/s/ John W. Greer Representative, 39th District

Conference Committee substitute to HB 81:

A BILL
To be entitled an Act to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to groups eligible for coverage under group life insurance policies, so as to provide for extraordinary payments when an indebtedness is payable in unequal installments; to extend the term for which a debtor is eligible for insurance for an indebtedness repayable in one sum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to groups eligible for coverage under group life insurance pol icies, is amended by striking subparagraph (A) of paragraph (2) in its en tirety and substituting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable either in installments, including any extraordinary payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 24 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidi ary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the in surance becomes effective upon his life;".

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Harrison of the 37th moved that the Senate adopt the Conference Com mittee report on HB 81.

On the motion, 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 Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Huggins Kidd Land Langford McGill

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Bryant Engram

Gillis Howard Hudgins

Kennedy (presiding) McKenzie (excused) Peevy

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 81.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 59. By Representative Bray of the 91st:
A bill to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in

WEDNESDAY, MARCH 6, 1985

2363

garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court.
Senate Sponsor: Senator Land of the 16th.

Senator Greene of the 26th offered the following amendment:

Amend HB 59 by striking from line 21 of Page 1 the word "shall" and inserting in lieu thereof the word "may".

On the adoption of the amendment, the yeas were 35, 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 Bond Brannon Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Greene Harris Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill Peevy Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Barnes Bowen Brantley Bryant

Fincher Gillis Harrison Kennedy (presiding)

McKenzie (excused) Perry Scott of 2nd Trulock

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On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

Lieutenant Governor Miller introduced Dr. James A. Kaufmann, who, having been commended by SR 87, adopted previously, as the winner of the "Distinguished Internist Award" for 1984, briefly addressed the Senate.

The following general bill and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 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.

Senate Sponsor: Senator Barnes of the 33rd.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 630 by striking on line 23, Page 1 "third"
and inserting "second".

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:

WEDNESDAY, MARCH 6, 1985

2365

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal English

Engram Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Allgood and Peevy.

Those not voting were Senators:

Bowen

Dean

Bryant

Gillis

McKenzie (excused) Tate

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

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.

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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Greene Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant Gillis

Harris Hudgins Langford

McKenzie (excused) Trulock

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 236.

By Representatives Godbee of the 110th, Lane of the 111th and Chance of the 129th: A resolution designating the Captain William Cone Bridge.
Senate Sponsor: Senator Kennedy of the 4th.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Brannon Broun of 46th Brown of 47th Burton Cobb

Coleman Coverdell Dawkins Deal Dean

English Foster Garner Greene Harrison Hine Holloway Horton Hudgins Muggins

WEDNESDAY, MARCH 6, 1985

2367

Kennedy Kidd 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 Bowen Brantley Bryant

Engram Fincher Gillis Harris

Howard Land Langford McKenzie (excused)

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 60 was as follows:

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 Anno-

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tated, 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 service corporation, medical service nonprofit corporation, fraternal benefit soci ety, health care plan, health maintenance organization, or other similar entity which issues or provides a group health insurance policy.
(4) 'Premium' means the premium or subscription charge for a group health insurance policy.
(b) Every group health insurance policy issued or issued for delivery in this state which covers less than 200 lives 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 certificate holders, subscribers, or individual policyholders in this state, or the actual number of such persons if less, to or for whom the insurer has paid benefits under the policy within the last 12 months advising 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 name or address is contained in the insurer's files, to such person in care of the employer, union, or association, marked 'personal,' advising them that their coverage is being terminated. The notice shall be sent to each such person by first-class mail at least 20 days prior to the last date of coverage under the policy, the last day of any applicable grace period, or the last date on which any insured has an opportunity to exercise any

WEDNESDAY, MARCH 6, 1985

2369

conversion privilege under the policy, whichever shall last occur. Such notice 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 termination of coverage.
(c) In no event shall an individually underwritten and issued insur ance policy which provides a contractual right of renewal regardless of employment or membership in or connection with any particular union, association, organization, or group be deemed to be issued on a grouptype basis, irrespective of the mode or channel of premium payment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection."
Section 2. This Act shall become effective March 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate agree to the House substitute to SB 60.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Brantley BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Greene
HHaarmnsson HHionlleoway
Horton Howard Hudgins Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd
S<,c, ott of 36th ^Stuamrrb, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman

Gillis Huggins

Kennedy McKenzie (excused)

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On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 60.

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 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 boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.

The House has appointed a Committee of Conference on the following resolution of the Senate:

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 Speaker has appointed on the part of the House, Representatives Parham of the 105th, Lord of the 107th and Johnson of the 72nd.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

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.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

WEDNESDAY, MARCH 6, 1985

2371

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 House substitute to SB 74 was as follows:

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 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 that failure of the victim 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 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.
(b) The failure of a 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 crimi nal conviction."

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 74.

On the motion, 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 Coleman Coverdell Dawkins Deal

English Engram Fincher Garner Greene Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Dean

Foster Gillis Harris

McKenzie (excused) Peevy Phillips

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 74.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

WEDNESDAY, MARCH 6, 1985

2373

Senator Hine of the 52nd moved that the Senate insist upon the Senate substitute to HB 907.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 907.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office.

The House amendment was as follows:

Amend SB 272 by striking lines 15 through 22 of Page 1 in their en tirety and inserting in lieu thereof the following:
"(2) The governing authority of Glynn County shall provide for the sheriff and his deputies up to 15 motor vehicles. In providing motor vehi cles for the sheriff, the county shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purposes of the sheriff's office and the sheriff shall develop and enforce stringent reg ulations relating to the use of the motor vehicles, including provisions that employees of the sheriff authorized to utilize such vehicles for com muting to and from work shall not use such vehicles except for official business. Except as otherwise specifically authorized by the sheriff, utili zation of a vehicle for commuting to and from work should only be au thorized in rare and unusual circumstances requiring frequent and regu lar use of the vehicle in official business."

Senator Bryant of the 3rd moved that the Senate disagree to the House amend ment to SB 272.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 272.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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JOURNAL OF THE SENATE

SB 278.

By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Dawson County, as amended, so as to change the provisions relating to the com pensation of said commissioner.

The House amendment was as follows:

Amend SB 278 by striking from line 19 of Page 1 the following:
"22,610.00",
and inserting in lieu thereof the following:
"22,000.00".
By striking lines 23 through 26 of Page 1 and line 1 of Page 2 in their entirety and inserting in lieu thereof the following:
"end of each such period of service. For the purposes of computing the salary of the county commissioner in office on the effective date of this Act, the 3 percent increase provided by this paragraph shall be ap plied retroactively for each complete term of office served by such com missioner prior to the effective date of this Act. This".
By striking lines 5 through 22 of Page 2 in their entirety and inserting in lieu thereof the following:
"(2) As used in this paragraph, 'county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Dawson County. Notwithstanding the provisions of paragraph (1) of this subsection, if the annual salary of any county of ficer is increased to an amount which is greater than the annual salary of the county commissioner as provided in paragraph (1) of this subsection, then the annual salary of the county commissioner shall be increased so that it will equal the sum of the annual salary of such county officer plus the amount of $1.00. In the event the salaries of two or more county officers exceed the annual salary of the county commissioner, the greater of such salaries shall be used to adjust the salary of the county commis sioner as provided in this paragraph."

Senator Foster of the 50th moved that the Senate agree to the House amendment to SB 278.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

WEDNESDAY, MARCH 6, 1985

2375

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Greene Harris Harrison Hine Holloway Horton Huggins Kidd Langford McGill

Perry Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Gillis Howard

Hudgins Kennedy (presiding) Land McKenzie (excused)

Peevy Phillips Scott of 2nd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 278.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 88 was as follows:

A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that magistrates shall be required to give bond for the faithful performance of their duties; to provide that counties shall pay the premiums on such bonds; 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; 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. Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, is amended by adding at the end of Code Section 15-10-20, relating to magistrates, a new subsection (h) to read as follows:
"(h) Each magistrate taking office after July 1, 1985, shall before entering on the performance of his duties execute bond in the amount of $25,000.00 for the faithful performance of his duties. Each magistrate in office on July 1, 1985, shall execute such a bond not later than Septem ber 1, 1985. The amount of bond required of the magistrate or magis trates of any county may be increased by local law. Such bonds shall be subject to all provisions of Chapter 4 of Title 45 in the same manner as bonds of other county officials. The premiums due on such bonds shall be paid by the fiscal authority of the county out of county funds."
Section 2. Said chapter is further amended by adding a new Code Sec tion 15-10-50 to read as follows:
"15-10-50. 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."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 88.

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
5ond ,
SS;*TM 5rantleyf A * u
Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher
Foster
SGarerenneer
"arns Harnson Horton Hudgins Huggins Kidd Langford

McGill Peevy Perry Phillips
Ray
?Reodtdtioshf36th
Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

WEDNESDAY, MARCH 6, 1985

2377

Those not voting were Senators:

Barker Bowen Brannon
Gillis Hine

Holloway Howard Kennedy (presiding) Land

McKenzie (excused) Scott of 2nd Timmons Trulock

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 88.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 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.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 464.

By Representatives Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to change the provisions relating to powers and duties of the Georgia Peace Officer Standards and Training Council.

Senate Sponsor: Senator Cobb of the 28th.

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
Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engrarn Fincher Foster Garner Greene Harris Harrison Horton Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Brannon Broun of 46th Gillis

Hine Holloway Howard Kennedy (presiding)

McKenzie (excused) Timmons Trulock Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Cobb of the 28th.

WEDNESDAY, MARCH 6, 1985

2379

The Senate Committee on Public Safety offered the following substitute to HB 274:

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 the United States Selective Service System; to authorize the De partment of Public Safety to promulgate rules, regulations, or policies gov erning 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 such information from its records; 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 United States Selective Service System compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and shall not be further disseminated to any person. The depart ment is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System 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.

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JOURNAL OF THE SENATE

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 Baldwin Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Garner Greene
Harris Harrison Holloway
Hudgins Huggins
Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Allgood Bowen Broun of 46th Gillis

Hine Horton Howard Kennedy (presiding)

McKenzie (excused) Scott of 2nd Timmons Trulock

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

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

WEDNESDAY, MARCH 6, 1985

2381

and deputy director of the division, so as to change the title of the deputy director to "executive director".
Senate Sponsor: Senator Bryant of the 3rd.
Senator Bryant moved that HB 693 be committed to the Senate Committee on Defense and Veterans Affairs.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 693 was committed to the Senate Committee on Defense and Veterans Affairs.
HB 64. By Representative Bray of the 91st:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide that when two or more executions have been issued against a defendant, or when two or more in rem executions have been issued against the same unreturned property, such executions may be aggregated and the total amount due may be levied as in the case of a single execution.
Senate Sponsor: Senator Baldwin of the 29th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Greene Harris Harrison Hine Hudgins Huggins Kidd

Those not voting were Senators:

Barker Bowen
Broun of 46th Gillis Holloway

Horton Howard
Kennedy (presiding) Langford McKenzie (excused)

Land McGill Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger
Ray Reddish Tolleson Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 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.

Senator Garner of the 30th moved that the Senate insist upon the Senate substi tute to HB 80.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 80.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 203. By Senator Garner of the 30th: A resolution relative to Youth Art Month in Georgia.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brannon

Brantley Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dawkins Deal Dean English Engram

WEDNESDAY, MARCH 6, 1985

2383

Fincher Foster Garner Greene Harris Holloway Horton Howard Hudgins 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:

Albert Bowen Broun of 46th Gillis

Harrison Hine Huggins

Kennedy (presiding) McKenzie (excused) Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Howard of the 42nd moved that the Senate recede from the Senate amendment to HB 647.

On the motion, 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 Brown of 47th Bryant

2384
Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Greene

JOURNAL OF THE SENATE

Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill Peevy

Perry Phillips
Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Albert Bowen Broun of 46th

Gillis Harrison McKenzie (excused)

Reddish Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 647.

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

Senator Dean of the 31st moved that the Senate adhere to the Senate substitute to HB 270, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 270.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Dean of the 31st, Dawkins of the 45th and Timmons of the llth.

The following resolution of the Senate was read and put upon its adoption:

WEDNESDAY, MARCH 6, 1985

2385

SR 246.

By Senators Allgood of the 22nd and Kennedy of the 4th:
A resolution relative to adjournment by the General Assembly at 7:00 o'clock P.M. on Wednesday, March 6, 1985, and to reconvene at 9:00 o'clock A.M. on Friday, March 8, 1985.

On the adoption of the resolution, the yeas were 37, nays 4.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.
Senate Sponsors: Senators Howard of the 42nd and Fincher of the 54th.

Senator Fincher of the 54th offered the following substitute to HB 615:

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 urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer; to provide that nothing in this chapter shall prohibit any person who is acting under the direct supervision of a physician from performing such duties as may be delegated to such person by the physician; to provide for the certifi cation and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions; to pro vide for the powers, duties, and responsibilities of the Composite State Board of Medical Examiners as such relate to respiratory care; to provide for an advisory committee; to provide for the certification and regulation of respiratory care professionals, therapists, and technicians; to provide for qualifications; to provide conditions and procedures for certificate renewal and for certificate revocation or suspension; to prohibit a person from hold ing 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of physicians, osteopaths, and orthotists, is amended by striking subsection (g) of Code Section 43-34-21, relating to the Composite State Board of Medical Examiners, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to dis tribute a copy of the booklet to each and every patient whose suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-34-26, relating to engaging in the practice of medicine without a license, a new subsection (d) to read as follows:
"(d) Nothing in this chapter shall prohibit any person who is acting under the direct supervision of a physician from performing such duties as may be delegated to such person by the physician."
Section 3. Said chapter is further 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 Examiners as created by Code Section 43-34-21.
(2) 'Respiratory care professional, certified respiratory therapy tech nician, or registered respiratory therapist' means a health care profes sional who is employed in the therapy, management, rehabilitation, diag-

WEDNESDAY, MARCH 6, 1985

2387

nostic 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 applicants and certificate 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;
(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 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;

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(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 certification, con tinue to work under the supervision or direction of a person licensed 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.
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.
(0 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 commit tee, 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;

WEDNESDAY, MARCH 6, 1985

2389

(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 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-

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JOURNAL OF THE SENATE

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 applicant 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;
(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

WEDNESDAY, MARCH 6, 1985

2391

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 or RCP 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 4. This Act shall become effective upon necessary appropria tions being specifically made by the Georgia General Assembly to fund this Act.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senators Engram of the 34th and Horton of the 17th offered the following amendment:

Amend HB 615 by striking from line 3 of Page 1 the following: "urge",
and inserting in lieu thereof the following: "require".
By striking from lines 13 and 14 of Page 1 the following: "When funds are specifically appropriated for such purpose, the",
and inserting in lieu thereof the following: "The".
By striking from line 22 of Page 1 the following: "A copy",
and inserting in lieu thereof the following: "Copies".
By striking from lines 25 and 26 of Page 1 the following: "the board urges the physician to",
and inserting in lieu thereof the following:

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"the physician shall".

On the adoption of the amendment, the yeas were 29, nays 3, and the amendment was adopted.

Senators Engram of the 34th and Horton of the 17th offered the following amendment:

Amend the substitute to HB 615 offered by Senator Fincher of the 54th by strik ing from line 3 of Page 1 the following:
"urge",
and inserting in lieu thereof the following: "require".
By striking from lines 8 and 9 of Page 2 the following: "When funds are specifically appropriated for such purpose, the",
and inserting in lieu thereof the following: "The".
By striking from line 17 of Page 2 the following: "A copy",
and inserting in lieu thereof the following: "Copies".
By striking from lines 20 and 21 of Page 2 the following: "the board urges the physician to",
and inserting in lieu thereof the following: "the physician shall".

On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

WEDNESDAY, MARCH 6, 1985

2393

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 Fincher Foster Garner 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

Voting in the negative was Senator Coleman.

Those not voting were Senators:

Broun of 46th Gillis

Holloway Kennedy (presiding)

McKenzie (excused)

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.

The President called the Senate to order at 2:00 o'clock P.M.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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Mr. President:

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

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 following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 822.

By Representatives Bray of the 91st, Moultrie of the 93rd, Greene of the 130th and others:
A bill to amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office, so as to provide for the manner of filling vacancies in party nomi nations; to provide for the reopening of qualification for office in the event of a vacancy prior to a political party primary and in the event of a vacancy in a nonpartisan primary.
Senate Sponsor: Senator Kidd of the 25th.

Senator Coverdell of the 40th offered the following amendment:

Amend HB 822 by striking from the title beginning on line 1 of Page 1 the following:
"To amend Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office,",
and inserting in lieu thereof the following:
"To amend Title 21 of the Official Code of Georgia Annotated, re lating to elections,".
By adding in the title on line 6 of Page 1 immediately following the ";" and preceding the words "to provide" the following:
"to define 'state office' for the purposes of Code Section 21-5-5.1 to include any state-wide elective office and membership in the General Assembly;".
By striking from Section 1 beginning on line 10 of Page 1 the following:
"Article 4 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates for public office,",

WEDNESDAY, MARCH 6, 1985

2395

and inserting in lieu thereof the following:
"Title 21 of the Official Code of Georgia Annotated, relating to elections,".
By striking from Section 2 on line 17 of Page 9 the word "article" and inserting in lieu thereof the word "title".
By renumbering Section 3 on Page 10 as Section 4 and adding a new Section 3 to read as follows:
"Section 3. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-5-5.1, relating to require ments for filing financial disclosure reports by candidates for nomination or election to certain offices of the state, and substituting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) As used in this Code section, the term:
(1) "Business entity" means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust.
(2) "State office" means any state-wide elective office and member ship in the General Assembly.
(b) Every candidate who qualifies for nomination or election to any state office shall file with the Secretary of State a disclosure of financial interests report.'"

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 BBurarntotlney
Coverdell
Dawkins

Deal Engram Foster GMrieneene
Horton
Howard

Land Phillips Starr S_ tumb. augh.
Trulock
Tysinger

Those voting in the negative were Senators:

Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman

Dean English Fincher Garner Gillis Harris Holloway Hudgins

Huggins Kennedy Kidd McGill Peevy Perry Ray Reddish

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Scott of 2nd Scott of 36th

Tate Turner

Walker

Those not voting were Senators:

Bond Bryant Harrison

Langford McKenzie (excused)

Timmons Tolleson

On the adoption of the amendment, the yeas were 20, nays 29, 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 Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd

Land McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Harrison

Hudgins Langford McKenzie (excused)

Timmons Tolleson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 6, 1985

2397

HB 735.

By Representative Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclu sive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 735:

A BILL
To be entitled an Act to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that notice of a petition for probate of a will in solemn form shall be served upon the propounders and beneficiaries under another purported will of the testator as to which other probate proceedings are pending; to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges that a later will is entitled to be admitted to probate or that a codicil to the pro bated will is entitled to be admitted to probate; to provide for notice of such actions; to provide for the hearing and disposition of such actions; 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. Chapter 3 of Title 53 of the Official Code of Georgia Anno tated, relating to the probate of wills, is amended by striking Code Section 53-3-13, relating to procedure for probate in solemn form, and inserting 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 the propounders and beneficiaries under any other purported will of the testator as to which probate proceedings are pending in this state, 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 pro bate is conclusive upon all the parties notified and upon all devisees and legatees under the will who are represented in the executor. As to heirs at law not effectively notified, probate in solemn form shall be as conclu sive 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; the names, ages, and addresses of

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the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. 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 are sui juris and acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to rec ord on proper proof, and letters may thereupon issue without 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) Notice shall be served on propounders and beneficiaries under any other purported will of the testator with respect to which a petition to probate is pending in this state in the same manner as provided by law for service on heirs at law.
(e) For purposes of any provision of this title relating to giving no tice to beneficiaries under a purported or probated will, such notice shall be given to those of the following persons named or designated in the will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence:
(1) Each beneficiary who is designated in the will to receive a pre sent interest or power, other than a mere trust beneficiary, and who in the case of an individual is sui juris;
(2) The duly acting guardian of the property, if any, or, if none, the guardian of the person, if any, or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and
(3) Each trustee.
Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the hap pening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or simi lar class where the value of each bequest is, or appears to be, nominal.
(f) Upon motion, the court may determine whether the interest of any beneficiary required to be notified under subsection (e) of this Code section is adequately represented, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent such beneficiary."

WEDNESDAY, MARCH 6, 1985

2399

Section 2. Said chapter is further amended by adding a new Article 3 to read as follows:
"ARTICLE 3
53-3-60. (a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges:
(1) That a later will is entitled to be admitted to probate; or
(2) That a codicil to the probated will is entitled to be admitted to probate.
(b) Any such action shall be combined with a petition to probate in solemn form the later will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or modify; and the court shall grant relief as is appropriate with respect to each matter.
53-3-61. (a) The petition under Code Section 53-3-60 shall be veri fied by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgement, assent thereto, the relief may thereupon issue without further delay.
(b) The beneficiaries under the previously probated will shall be rep resented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries.
(c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previ ously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Mine Horton Howard Hudgins Huggins Kennedy Kidd

Land McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Harris Harrison

Holloway Langford McKenzie (excused)

Timmons Tolleson Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was taken up for the purpose of considering the House amendments thereto:

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 House amendments were as follows:

WEDNESDAY, MARCH 6, 1985

2401

Amendment No. 1: Amend SR 118 by striking on Page 2 on line 15 after the word "cochairman"
a"Gll loyfnlnin",es 15, 16, 17, 18, 19 and the part of line 20 that ends with the word

and by striking on lines 24 and 25 the words "whose districts embrace or partly embrace any of the above listed
counties". Amendment No. 2:
Amend SR 118 as follows: On Page 3, line 6, change the word "ten" to the word "five".

Senator Perry of the 7th moved that the Senate agree to the House amendments toSR 118.

On the motion, 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 Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Coleman Fincher

Greene Harrison Hudgins Langford

McKenzie (excused) Timmons Tolleson

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On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SR 118.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 17. By Senator Broun of the 46th:
A resolution creating the Joint Small Businesses in Georgia Study Committee.

The House amendment was as follows:

Amend SR 17 as follows: On Page 3, line 17, after the word "committee" add "but for no more than five days".

Senator Broun of the 46th moved that the Senate agree to the House amendment to SR 17.

On the motion, 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 Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

WEDNESDAY, MARCH 6, 1985

2403

Those not voting were Senators:

Bond Bryant Harrison

Howard Langford

McKenzie (excused) Tolleson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 17.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 27. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses.
Senate Sponsors: Senators Scott of the 2nd and Barnes of the 33rd.

The Senate Committee on Children and Youth offered the following amendment:

Amend HB 27 by inserting on line 27 of Page 1 between "state" and "may" the following:
"or the defendant".

On the adoption of the amendment, the yeas were 40, 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 Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th

Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway

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Horton Howard
Hudgins Huggins Kennedy Kidd
Land McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Bond Bryant Fincher

Langford McKenzie (excused)

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 lim its of the City of Marietta; to repeal conflicting laws; and for other pur poses.", approved March 28, 1984 (Ga. L. 1984, p. 5004); to provide for intent.

The House substitute to SB 23 was as follows:

A BILL
To be entitled an Act to amend an Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to provide for meetings of the Cobb County legislative delegation to determine policy rela tive to annexation by the City of Marietta; to provide for any matters rela tive thereto; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta in Cobb County and creating a new charter for said city, approved March 23, 1977 (Ga. L.

WEDNESDAY, MARCH 6, 1985

2405

1977, p. 3541), as amended, is amended by adding between Section 1.4 and 1.5 a new Section 1.4A to read as follows:
"Section 1.4A. (a) As used in this section, 'Cobb County legislative delegation' means the members of the General Assembly whose Senato rial or Representative districts lie wholly or partially within Cobb County.
(b) It shall be the duty of the Cobb County legislative delegation to meet during the period from the close of the 1985 regular session of the General Assembly until December 31, 1985, for the purpose of finding an acceptable policy relative to the annexation of territory by the City of Marietta pursuant to general laws. The Cobb County legislative delega tion shall meet with the governing authority of Cobb County, the Cobb County Board of Education, the governing authority of the City of Mari etta, and representatives of the Cobb County Municipal Association in seeking to establish the policy provided for above.
(c) Without limiting the policy findings of the Cobb County legisla tive delegation, it is specifically provided that said delegation shall give consideration to the following policy alternatives:
(1) The creation of an annexation advisory commission to consider the effect of any proposed annexation by the City of Marietta and to make recommendations to the city and other interested parties relative to such annexation; or
(2) The establishment of territorial limitations on future annexation by the City of Marietta.
(d) The Cobb County legislative delegation shall meet by not later than June 1, 1985, for the purposes specified by this section and shall establish a regular schedule of meetings for such purpose at the first meeting of such delegation."
Section 2. This Act shall expire on December 31, 1985, and on that date this Act shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Harrison of the 37th moved that the Senate agree to the House substitute to SB 23.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 23.

The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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SB 274. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, as amended, so as to change the compensation provi sions relating to the members of the board of commissioners; to provide an effective date.

The House amendment was as follows:

Amend SB 274 by striking from line 18 of Page 1 the following: "$12,400.00",
and inserting in lieu thereof the following: "$11,000.00".
By striking lines 21 through 24 of Page 1 in their entirety. By striking from line 25 of Page 1 "treasury." By striking from line 26 of Page 1 the following:
"$25,000.00", and inserting in lieu thereof the following:
"$27,500.00".

Senator Harrison of the 37th moved that the Senate agree to the House amend ment to SB 274.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 274.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Coleman of the 1st.

WEDNESDAY, MARCH 6, 1985

2407

The Senate Committee on Transportation offered the following substitute to HB 705:

A BILL
To be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to authorize the department to award a contract when only one bid has been received on a project; to authorize the department to award a contract to the next lowest bidder if the lowest reliable bidder is released by the department because of an obvious error; to authorize the department to award any contract based on the lowest comparison of bids from reliable bidders where the department has advertised for bids on an alternative basis; to authorize the department to negotiate a contract if all bids are over the department's cost estimate as long as the resulting negoti ated contract is below the lowest reliable bid; to authorize the department to negotiate with the lowest reliable bidder if there have been changes in the construction plans or specifications after the department has received and opened the bids but before the bid has been awarded; to reserve to the de partment the right to reject any and all bids; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, is amended by striking Code Section 32-2-69, relating to the award of con tracts to the lowest reliable bidder, in its entirety and inserting in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69.
(a) On all contracts required to be let for public bid the department shall award the contract pursuant to the following provisions:
(1) If only one bid is received, the department may open and evalu ate the bid and may award the contract if said bid does not exceed the department's cost estimate for the project as certified by the state high way engineer;
(2) If two or more bids are received, the department shall award the contract to the lowest bidder; provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not; provided, further, if the lowest reliable bidder is determined not to be reliable between the time the bids are taken and the contract is awarded or if the lowest reliable bidder is released by the department because of an obvious error in the bid or if the lowest reliable bidder to whom the contract is awarded refuses to accept the award and sign the contract and forfeits the proposal guaranty, the department may award the contract to the next lowest reliable bidder; and provided, fur ther, that, if by operation of this paragraph only one bidder remains, the provisions of paragraph (1) of this subsection shall be applicable; and
(3) If the department has requested bids on several alternative con-

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tracts for a project, as a whole and parts thereof, the department at its option may award the contract based on the lowest comparison of bids from reliable bidders, provided that a bid was received from at least two different bidders for the work included in the contract to be awarded. However, if there is not at least one bid from two different bidders for the work for which a contract is to be awarded, the department may award a contract covering said work under the provisions of paragraph (1) of this subsection.
(b) Regardless of the provisions of paragraph (1) of subsection (d) of Code Section 32-2-61, relating to the limitations on the department's powers to contract:
(1) When the department rejects all bids on a project and the pro ject is readvertised, if all bids in the second or subsequent letting or lettings exceed the department's certified cost estimate, the department may reject any and all bids and either readvertise, perform the work it self, abandon the project, or negotiate the construction contract for the project provided that if the department negotiates the contract for the construction of the project, the contract which is negotiated is the same contract on which bids have been previously taken and the amount of the resulting negotiated contract is below the lowest reliable bid which was received thereon. In negotiating such contract, the department will first negotiate with the low bidder in the most recent letting but will not be restricted to negotiating with only those who bid on the project; provided, however, that all such negotiated contracts must be approved by the State Transportation Board; and
(2) If there are changes in construction plans or specifications after the department has received and opened bids but before the contract has been awarded, the department is authorized to negotiate with the lowest reliable bidder to incorporate the changes.
(c) Nothing in this Code section shall limit the department's right to reject any and all bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 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.

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2409

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Baries Bond Bwen
rantn.on Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Gillis Greene Harris
Harrison TMTM Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Bryant Garner

McKenzie (excused) Timmons

Walker

On the passage of the bill, the yeas were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

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.

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The House amendment was as follows:
Amend the Senate amendment to HB 188 by striking lines 3 through 9 of Page 1 and inserting in lieu thereof the following:
"Amend HB 188 by adding on line 13 of Page 1 after the following:
'primary;',
the following:
'to provide that if the superintendent determines that a single polling place is insufficient, all polling places shall be open;'.
By striking lines 14 through 21 of Page 2 arid inserting in lieu thereof the following:
'(b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said run-off pri mary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open.'"
Senator Kidd of the 25th moved that the Senate disagree to the House amendment to the Senate amendment to HB 188.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 188.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 148 was as follows:
A BILL To be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract by the Department of Transportation, so as to authorize the de partment 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

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the estimate; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract by the Department of Transportation, is amended by striking Code Section 32-269, relating to the award of contracts, which reads as follows:
"32-2-69. The department shall award the contract to the lowest re liable bidder where at least two or more bids have been received from reliable bidders, provided that the department shall have the right to re ject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project.",
and inserting in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69. (a) (1) If two or more bids are received, the department shall award the contract to the lowest reliable bidder.
(2) If only one bid is received, the department shall be required to open such bid and may award the contract. If the bid is rejected, the department shall immediately disclose to the public only the depart ment's total cost estimate for the project, and make same available for inspection.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the department shall have the right to reject any and all bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or aban don the project."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coleman of the 1 st moved that the Senate disagree to the House substi tute to SB 148.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 148.

The following general resolution of the House, favorably reported by the commit tee, was read the third time and put upon its adoption:

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HR 200. By Representative Ramsey of the 3rd: A resolution designating the Charlie Kendrick Memorial Bridge. 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 Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton 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:

Bryant Garner

Holloway Howard

McKenzie (excused) Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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2413

Mr. President:

The House insists on its position in substituting the following bill 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 House has disagreed to the Senate substitute to the following bill of the House:

HB 583.

By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 6th 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.

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of

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residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

The Speaker has appointed on the part of the House, Representatives Oliver of the 1st, Evans of the 84th and Thomas of the 69th.

The House has adopted by the requisite constitutional majority the following reso lution of the Senate:

SR 246. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 50. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state-owned real prop erty located in Calhoun County, Georgia, to the Gordon County Board of Commissioners; to provide an effective date.

The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate:

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.

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2415

The House insists on its position in amending the following bill of the Senate:

SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.

The Senate Committee on Banking and Finance offered the following substitute to HB 170:

A BILL
To be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of a special purpose county sales and use tax, so as to provide that the proceeds of the tax may be used for hospital purposes; to remove provisions relating to use of the tax for hospital services or indigent patient care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition of a special purpose county sales and use tax, is amended by striking subparagraph (a) (1) (B) and inserting in its place a new subparagraph (a) (1) (B) to read as follows:
"(B) A capital outlay project of the county which is for the use of or the benefit of the citizens of the entire county and which consists of a county courthouse; county administrative buildings; a civic center; a hos pital; a county jail, correctional institution, or other detention facility; a county library; or a coliseum;".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton 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

Those not voting were Senators:

Bryant Cobb

Harrison Howard

Land McKenzie (excused)

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

WEDNESDAY, MARCH 6, 1985

2417

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 Conference Committee report on SB 82 was as follows:
The Committee of Conference on SB 82 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 82 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ John C. Foster Senator, 50th District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ben Barren Ross Representative, 82nd District
/s/ William J. Dover Representative, llth District
/s/ Larry Walker Representative, 115th District

Conference Committee 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 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

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provide for middle schools, for capital outlay, and for the needs of small and sparsely populated local units of administration; to provide for a State Board of Postsecondary Vocational Education; to provide for vocational education; 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 An notated, 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 physi cal education; to repeal Code Section 20-2-1032 of the Official Code of Georgia Annotated, relating to employment of supervisors and special teach ers of health and physical education; to provide for enrollment by instruc tional program and full-time equivalency counts, certification, and applicant testing, state minimum salary schedules, career ladders and other compensa tion, program grants, and electronic technology plans from July 1, 1985, through July 1, 1986; to provide 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; 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 'Qual ity Basic Education Act.'
20-2-131. The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample op-

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2419

portunity to develop competencies necessary for lifelong 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 environment 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 competen cies in order 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 pub lic schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies 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 educa tional 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 or der 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 ensure a literate and informed society
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 instruction, as defined in this article, designed to improve upon a stu dent's learning capacity. It is further declared that 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.
20-2-132. 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;

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(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 reading, mathematics, or other subject test areas.
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 com petencies for which each student should be provided opportunities, at the discretion of the student and his parents, to master. Based upon these foregoing competencies, the State Board of Education shall adopt a uni formly sequenced 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 quad rennial basis a review of the adopted competencies and uniformly se quenced core curriculum by a task force broadly representative of educa tional interests and the concerned public. After considering the findings and recommendations of the task force, the State Board of Education shall make such changes in the student competencies lists and core cur riculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the Gen eral Assembly for review.
20-2-142. (a) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offer ings in the manner prescribed by the State Board of Education:
(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 un-

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less 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 pub lic safety shall jointly establish an alcohol and drug course for the pur pose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Board of Education and the commissioner of public safety shall jointly, by rules or regula tions, determine the contents of the course and its duration. The commis sioner 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 but not less than once annually 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 alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(4) The Department of Public Safety shall issue a certificate of com pletion 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 Superin tendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
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 September 1 and all youth who have not yet received a high schtxpl di ploma 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

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shall have authority to determine the eligibility of students for enrollment in kindergarten, grades one through 12, and adult education programs of general, basic, and vocational education. Each local unit of administra tion 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 pro grams of instruction limited to such students within the regular daytime educational program. These programs may include instruction in prena tal care and child care. It is declared to be the policy of this state that general and occupational 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 kinder garten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized 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 at tained seven years of age.
20-2-151. (a) The primary purpose for the general and career edu cation 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 uni formly sequenced core curriculum.
(b) The following general and career education programs are for purposes 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 enrolling students on a half-day basis will be funded at one-half the fund ing 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 one-half hours daily for a 180 day school year. For purposes of this Code section, the term 'half-day basis' means a student is provided class room instruction 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 program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150.

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(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 ad vanced skills and knowledge offered at the higher grade levels. For pur poses of funding under this article, the primary grades program shall in clude 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 become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educa tional career. 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 pursuant to Code Section 20-2-281. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children may also be conducted during the last 30 days of the school year if the state board so directs. If a student does not achieve the state board criterion score or scores on a second annual assessment, the student shall be referred for consideration of special edu cation services or special instructional assistance in accordance with State Board of Education regulations and procedures. Said student shall then be placed in the appropriate first-grade program. No student shall remain in a kindergarten program for more than two years.
(3) It is the policy of this state that the primary purposes for the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from child hood to adolescence, and preparing students for the selection of programs and courses consistent 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 nonvocational high school laboratory program; and
(iii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses

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compared 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 Education 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 special educational needs shall also be eligible for special education services. Children, ages zero through four years, whose handicapping condition is so severe as to necessitate early education intervention may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational centers pro gram, or through programs financed with local or federal funds. 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 adjust ments or prevention of full academic attainment and who require modifi cations or alterations in their educational programs. This shall include children who are intellectually gifted, mentally handicapped, behavior disordered, hospitalized or home bound, handicapped by a specific learn ing disability, orthopedically handicapped, autistic, hearing impaired, speech impaired, visually impaired, 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 crite ria for each area of special education 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. The student-teacher ratio for each classified exceptionality shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly.
(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 employ ing such professional workers as are needed by these students or by en tering into a contract with other school systems, regional educational ser vice agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfea sible or impractical to provide needed educational services through pro grams offered by local school systems. The State Board of Education may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
(A) Providing grants directly to regional educational service agen cies for provision of services;

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(B) Authorizing local units of administration to contract with or make grants to suitable private or public institutions, or with both public and private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related ser vices of the child must be provided by professionals, such as teachers, speech therapists, and occupational therapists who meet the certification or licensing standards of their profession in the state in which the institu tion is located;
(C) Authorizing local units of administration to contract with suita ble public agencies and departments, including institutions in which eligi ble 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 politi cal subdivisions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Acad emy for the Blind, the Atlanta Area School for the Deaf, and other spe cial schools as approved by the General Assembly.
(2) The State Board of Education may promulgate rules, regula tions, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly 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 funding 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 an appropriately 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 an appropriately certificated special education 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 education program. The student-teacher ratio for each special education program shall remain as those used in determining the approved program weights as set forth in subsection (b) of Code Section 20-2-161, unless otherwise approved by the Governor and the General Assembly. The State Board of Education shall declare to the General Assembly prior to

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the fiscal year 1987 appropriations consideration, and annually thereaf ter, the pupil-teacher ratio for each special education program and shall request any subsequent changes in such ratios which affect cost to the General Assembly or to the local system.
20-2-153. The state board shall create a special instructional assis tance program for the purpose of assisting students who have identified developmental deficiencies which will result in problems in maintaining a level of performance consistent with the expectations for their respective ages. Only students enrolled in grades kindergarten through five who have documented developmental levels below expectations for their re spective ages that are not attributable to a discernible handicapping con dition and who are not enrolled in either the remedial compensatory edu cation program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The State Board of Education shall specify the instru ments and process which shall be used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the State Board of Education. Each local school system shall annually report by grade level the number of eligible students, the types of services provided, and the average achieve ment of students served. The State Board of Education shall request funds for the special instructional assistance program for fiscal year 1988 and annually thereafter. The state board shall base grants, subject to appropriation by the General Assembly for this purpose, to local school systems upon the documented number of students needing such services. Funds, if any, appropriated for this program shall be adjusted in a man ner which directs funds toward addressing the needs of the youngest eli gible students in each local school system.
20-2-154. The State Board of Education shall create a remedial edu cation program. Only students in grades two through five who are achiev ing one-half year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, students in grades two through five who are achieving at or below the twenty-fifth percentile in reading or math, as documented by a nationally standardized norm-referenced test by grade level, ninth grade students who are achieving at one year or more below grade level, or its equivalent, in reading or mathematics as documented by a state board approved standardized achievement test, and students in grades ten through 12 who have not passed the mathematics or the reading sec tion of the state's basic skills test shall be eligible for the remedial educa tion program. Students who are participating in a special instructional assistance program as authorized by Code Section 20-2-153 shall not be eligible for the remedial education program. Students with mental or physical handicapping conditions, or both, who are receiving remedial in struction as a part of their special education program shall not be eligible

WEDNESDAY, MARCH 6, 1985

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for the remedial education program pursuant to this Code section; pro vided, however, that students with mental or physical handicapping con ditions, or both, whose special education services consist solely of therapy related to their handicapping conditions shall be eligible for the remedial education program if they otherwise meet the criteria of this Code sec tion. Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in these subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the state board by July 1 of each year the average achievement scores of all students by subject area and grade level who were receiving instructional services under the provisions of this Code section. If appropriate evaluation data is not re ceived by the State Board of Education by the above date, the subse quent allocation of funds under this Code section for the next fiscal year shall be withheld. The State Board of Education shall monitor each local school system's remedial education program at least once each year. The State Board of Education shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program provided under this Code section in conjunction with the evaluation of the federal com pensatory education program for disadvantaged children in the same school system.
20-2-155. (a) The State Board of Education shall establish a state wide School Climate Management Program to help local schools and sys tems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, ex pulsions, dropouts, and other negative aspects of the total school environ ment. The state board upon request is authorized to provide the neces sary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and work shops, printed material, and such other assistance as may be deemed ap propriate under this subsection. The State Board of Education shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and adminis tration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future ap propriation under this Code section.
(b) The state board is authorized to create an in-school suspension 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

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suspending or expelling such students from school. Therefore, the pri mary purposes of the in-school program are to isolate the offending stu dents from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjust ment problems. The in-school programs may be housed in the regular assigned schools, special schools specifically organized for suspension pro grams, or alternative schools, provided the suspended students are iso lated from typical school activities until they demonstrate sufficient ad justment to warrant their returning to their previously assigned classes. The State Board of Education shall adopt regulations, standards, and eli gibility criteria necessary to guide the effective operation of state sup ported in-school suspension programs. The State Board of Education shall also grant local school systems sufficient funds based upon docu mented needs to operate in-school suspension programs.
20-2-156. The State Board of Education shall create a program for limited English-speaking students. The purpose of this program is to as sist students who have limited fluency in the English language develop fluency in the English language. The state board shall grant those funds approved for this purpose by the General Assembly to local school sys tems based upon documented needs to operate the programs. The state board shall prescribe such rules and regulations regarding eligibility cri teria and standards as may be needed to carry out the provisions of this Code section.
Part 4
20-2-160. (a) At three different times during the school year, prefer ably late fall, early winter, and late winter, as designated by the State Board of Education, the enrollment by instructional program as author ized under this article for each student shall be reported to the Depart ment of Education. 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 a student 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 recog nized under this article or by State Board of Education policy as an en richment course, a course which requires participation in an extracurric ular 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 placement is an approved work site of a recognized career or vocational program, an individual study course for which no outline of course objectives is prepared 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 stu dent competencies as adopted by the State Board of Education under Code Section 20-2-140. Nor shall a program be indicated for a student 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

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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 State Board of Education shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instruc tional programs. The State Board of Education shall also establish crite ria under which a student shall be counted as a resident or a nonresident student including specific circumstances which may include, but not be limited to, students attending another school system under court order or under the terms of a contract between two school systems. 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.

(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 instructional programs shall be compared. The General Assembly shall annually 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. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in the program weight for the middle grades program in Code Sections 202-182 through 20-2-186 and 20-2-251.

(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 follow ing 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

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(5) High school nonvocational laboratory program (9-12) 1.295

(6) Vocational laboratory program (9-12)

1.322

(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 education program

1.314

(c) There shall be calculated annually the total funds needed for a Quality Basic Education Program for each local school system. Such to tal 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 respec tive program weight established in subsection (b) of this Code section;

(2) Multiply the product computed in paragraph (1) of this subsec tion 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 instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed be yond 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 20-2-214. The calculation 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 re moved, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes deemed to be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and 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.'

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20-2-162. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local system when recalcu lated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference be tween the recalculation and the initial calculation. The total amount of increased funding required by the midterm adjustment shall be requested of the General Assembly and shall demonstrate for each receiving system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. 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 for the current school year. Local school systems which fail to provide 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. (a) If any local school system prior to January 1, 1985, has entered into a contract with an adjoining local school system to edu cate all of its students in one or more grade levels and if such contract stipulates that an amount of local revenue be transferred between the local school systems for the purpose of providing financial support for the education of the transferred students, the state shall provide a grant to the local school system in which the students reside which shall not ex ceed the amount of funds transferred pursuant to said contract in effect during fiscal year 1985. This grant shall commence in the fiscal year 1987 school year or in any other year during which Code Sections 20-2164 and 20-2-165 are implemented and shall continue in ensuing years for the duration of the contract period as specified in the contract on January 1, 1985. However, if the terms of the contract provide for a lesser amount to be transferred in fiscal year 1987 or in any ensuing year than was transferred in fiscal year 1985, the amount of the state grant shall be reduced to correspond with the amount actually transferred dur ing the same fiscal year that the grant is distributed.
(b) If any local school system is receiving local revenue from an adjoining local school system under the terms of a contract as specified in subsection (a) of this Code section, the state shall reduce any equaliza tion funds earned pursuant to Code Section 20-2-165 by the local school system which is receiving the transferred local revenue. The equalization grant shall be reduced by an amount equal to the grant which the adjoin ing local system receives pursuant to subsection (a) of this Code section. However, if the amount of local revenue transferred from the sending local school system is greater than the equalization grant earned by the receiving local school system in that year, the reduction in funds granted to the receiving local school system shall not exceed the amount of the equalization grant to which said system would otherwise have been qualified.
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 Pro gram; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to

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paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax digest 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 sub section by .004 for fiscal year 1987 and by .005 for fiscal year 1988 and thereafter.
(b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; 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 for any grant program which explicitly excludes the application of local funds or which explicitly re quires an application of local funds other than from the local share.
(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) (1) The state auditor shall furnish to the State Board of Educa tion 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 as determined by the Department of Revenue, the product of the equalized adjusted school property tax digest furnished by the state auditor multiplied by the ratio that the most recent actual prop erty tax digest approved by the Department of Revenue bears to the ac tual property tax digest approved by the Department 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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(d) Each municipality having an independent school system and each county government shall annually provide the Department of Reve nue with the following information for each local school system within its jurisdiction:
(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclu sive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52;
(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 distrib uted by said local government to local school systems for school mainte nance and operation. 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 November 15:
(1) All tax revenues by source for the preceding fiscal year which were distributed for school maintenance and operation; provided, how ever, such tax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropri ated 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, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calen dar year; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 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. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemp tions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year exclusive of those homestead exemptions provided

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pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52 multiplied by the amount per exemption authorized under that Code section;
(2) The product of the number of constitutional homestead exemp tions 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 institutional 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 resid ing 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 Pro gram as defined 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 re quires 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 documentation 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 Education deems it unlikely that any local school system will fulfill its obligation relative to its assessed local fair share or any other provisions of this article 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 valu-

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ation 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 assessed 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 stu dent 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 recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to subsection (d) of Code Section 202-164.
(6) 'Guaranteed valuation school system' means the local school sys tem ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount 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 Reve nue pursuant to subsection (e) of Code Section 20-2-164, plus any fed eral 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 which clearly identifies the source or sources of 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 of the first two weighted FTE counts collected during fiscal year 1986.
(9) 'Qualified local school system' means any local school system having an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calcu late the local fair share pursuant to subsection (a) of Code Section 20-2164.
(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 ob tained 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 the fiscal year beginning during the year of the digest; except that for fiscal year 1987 it shall mean the average of the first two weighted FTE counts collected during fiscal year 1986 multiplied by the ratio that the annual average daily

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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 equal ization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted FTE for the said system from the assessed valuation per weighted FTE for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this sub section 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 millage 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 subsec tion by the number of effective mills to be equalized pursuant to para graph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this sub section 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 en suing fiscal year. However, if a local school system has an assessed valua tion per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and has less than three effective mills to be equalized pursuant to paragraph (3) of this subsection and if the actual property tax millage levied by the local school system for mainte nance and operation in 1985 exceeds the actual property tax millage rate levied by the local school system for maintenance and operation in 1984, the effective millage calculated pursuant to paragraph (3) of this subsec tion for the purpose of determining equalization grants for fiscal year 1987 only shall be increased by the ratio that the 1984 actual property tax millage is to the 1985 actual property tax millage, except that such increase shall not cause the effective mills to be equalized to exceed three mills.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. No portion of local fair share shall be ap plied 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 proportionately reduce the amount of funds to be allo cated to qualified local school systems. The State Board of Education is authorized and directed to adopt and promulgate such rules and regula tions as the State Board of Education deems necessary or desirable to implement and carry out the intent of this Code section.

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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 categorical and incentive grants authorized under the provisions of this article to the amount needed by the said local school system for the in structional programs funded under the Quality Basic Education formula pursuant to subsection (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 appropriated 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 accor dance with this article.
(b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units under this article and budgets approved by the state board. In determining the time and man ner for distribution 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 such manner as will most likely meet the periodic needs of local units for the state allotted funds, provided state funds ap propriated 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 Super intendent, which shall be signed in accordance 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 202-162, the total funds needed system wide for media center costs, and the total funds needed system wide for staff development costs. In computing the total 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 instructional program for handicapped students shall be summed

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into one amount for special education. Of the total funds designated for direct instructional 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 devel opment 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 intended, 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 mater ials, 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 compre hensive information retrieval system and shall establish uniform regula tions to be implemented by local units of administration. For those sys tems which have inadequate telephone service to participate in this computerized system, the state board shall design a retrieval system to receive the budget and accounting information within acceptable time limitations for planning, accountability, funding, and reporting purposes. 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:
(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 operation, school administration, system administration, or staff development.
(2) The State Board of Education is authorized to prescribe infor mation 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 person nel in financial and budgetary accounting.
(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 regulations 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.

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(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 direction 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 allo cation 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 applica tion pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifi cally so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Edu cation for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost in volved in establishing and operating approved programs subject to such rules and regulations 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 arti cle 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, except as provided for in Code Section 20-2-160.
(c) (1) Except as otherwise provided in this subsection, public ele mentary 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 disturbance, or shortage of vital or critical material, sup plies, or fuel. In any such case, the school year applicable to that local board of education may terminate, 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 subsection. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts.
(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 notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emer gency, or when, because of disaster, civil disturbance, or a shortage of

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vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, 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 pro grams of education enumerated or coming within the scope of this arti cle, and such other education programs as may be approved by the State Board of Education; provided, however, that all such programs shall meet and be offered in accordance with such standards, requirements, and cri teria as may be prescribed by the state board. Teachers and other profes sional school personnel employed full time or part time during such pe riod 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 the General Assembly authorizes funds for this purpose. The state board is authorized, to the extent that funds may be available for this purpose as authorized by the General Assem bly, 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 establishment of any one or more of the various summer school education programs enumerated in this subsec tion, 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 equip ment 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 days or more constituting four quarters or any plan for year-round opera tion approved by the state board;
(B) That for a student's first 165 or more days constituting three

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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 accordance with such standards, requirements, and criteria as may be prescribed by the state board.
(2) The allotment of funds to a local school system under the Qual ity Basic Education formula pursuant to Code Section 20-2-161 and for categorical grants pursuant to Code Section 20-2-164 for any portion of a program 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 Section 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 pro gram 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 require ments and standards for the distribution, use, and expenditure of funds allotted under this subsection; provided, however, that, upon implementa tion 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 sys tems or to the particular 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 calcu lated 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, representa tives of local units of administration, and with such others as the state board may deem it advisable to consult, shall determine whether an over all 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 stan dard 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 specifi cations 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 ad ministration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested

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time for future delivery of such items. The state board shall compile 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; provided, however, that the Department of Administrative Services shall inform prospective 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 pur chased by local units shall be made by the respective local units of ad ministration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services 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, ser vices, 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 stan dard 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, pro vided, further, that, beginning January 1, 1987, local units of administra tion shall implement textbook adoptions from textbook listings prescribed by the State Board of Education pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Board of Education, and said local units of administration shall provide textbooks to each student enrolled in a course of study that re quires textbooks. 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 proce dures 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 20-2-161. However, local school systems shall have discretion in

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the use of the funds provided such use meets the requirements of this article and Code Section 20-2-411. 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 expend such funds as deemed appropriate and necessary to provide the most ef fective instructional programs needed by enrolled students as possible, except as otherwise limited by the provisions of this article and by rules, regulations, 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 system-wide educational services.
20-2-182. (a) The program weights shall reflect sufficient funds, sub ject to appropriation by the General Assembly for this purpose, 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 Edu cation 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, subject to appropriation by the General Assembly for this purpose, to provide teachers with a prepara tion 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, subject to appropriation by the General Assembly for this purpose, to provide instructional aides to assist teachers. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have been appropriated by the General Assembly for this purpose.
(c) The program weights for the primary and middle grades pro grams shall reflect sufficient funds, subject to appropriation by the Gen eral Assembly for this purpose, 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 paragraph (4) of subsection (b) of Code Section 20-2-151 shall reflect sufficient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Further, the said program weights shall reflect sufficient funds, subject to appropria tion by the General Assembly for this purpose, to provide for the devel opment and supervision 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.

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(e) The program weights for the high school nonvocational labora tory program and the vocational laboratory program shall reflect suffi cient funds, subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors, respec tively, in each program.
(f) All program weights shall reflect sufficient funds, subject to ap propriation by the General Assembly for this purpose, to pay the cost of sick and personal leave for teachers, the employer's portion of costs for retirement and health insurance programs authorized under this Code, the cost of essential instructional materials and equipment needed to op erate effectively such instructional programs, the cost of travel required of personnel in order to deliver educational services to the enrolled stu dents, 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 annual local staff development plan pursuant to Code Section 20-2-253.
(g) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 of this article the maximum num ber 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 of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Nor shall the State Board of Education reduce the studentteacher ratio without the direct authorization of the General Assembly, if such added cost for facilities, personnel, and other program needs are to be included in calculations for state funds. Local boards of education may reduce ratios, build additional facilities, and provide other such re sources at local cost if such is in the best interest of the local system's program as determined by the local board of education. The State Board of Education shall present to the General Assembly the student-teacher ratio approved for each program which shall be used in cost calculations for fiscal year 1987 and thereafter.
20-2-183. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose 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 subject to appropriation by the General Assembly for this purpose 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 subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effec-

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tive management of the instructional and supportive educational pro grams of an appropriate base size school pursuant to Code Section 20-2181 and to provide for the costs of operating an administrative office in said school.
20-2-186. All program weights shall reflect sufficient funds subject to appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visiting teacher as well as the salaries of secretaries and an ac countant necessary and essential for the efficient and effective manage ment of all instructional 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 pursu ant to Code Section 20-2-152 shall reflect sufficient funds subject to ap propriation by the General Assembly for this purpose to pay the begin ning salaries of special education leadership personnel and school psychologists and psychometrists essential 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 de termine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certify ing and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is author ized to provide 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 Sec tion 20-2-164 shall not be made for said payments to local units of ad ministration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal 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 public school in this state a course of instruction in nutrition, hy giene, etiquette, and the social graces relating to the partaking of meals and is further authorized 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 resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which shall

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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 re served for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition per sonnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the num ber 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 policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administra tion 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 positions. The State Board of Education shall annually establish a state performance 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 admin istration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments to help finance the locally established 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 trans portation programs and a schedule of variable transportation costs or va riable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation authorized 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 handi capped 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 instructional laboratories, and in other such field trips required of or integral to the various instruc-

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tional components of the educational program. In establishing the sched ule of standards and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils trans ported 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 traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules therefor; the schedule of minimum salaries for school bus drivers estab lished 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; condi tion of roads used for the purpose of transporting pupils in the local unit; costs 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 factors. The state board shall have authority to estab lish minimum requirements and standards respecting use of funds allot ted under this Code section.
(b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, re gardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but 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 independent 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 supple ment the salary of a bus driver employed by the county, area school or independent system. The expense of purchasing, maintaining, and operat ing 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 subsection 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 connec tion with or as a result of providing transportation services to pupils at tending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allow ance 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

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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 administra tion. 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 specifica tions 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 circumstances set forth in subsection (a) of this Code section, and is authorized to establish minimum standards and requirements respecting maintenance, repair, 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, stan dards, requirements, and qualifications; 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 transpor tation of all school age children residing on Sapelo Island to the main land of the state for the purpose of attending school on the mainland.
(g) The state board shall adopt policies, procedures, regulations, and other such requirements for the transportation and for the payment of all transportation costs, as described, defined, and authorized in subsections (a) through (e) of this Code section, for all the children with special needs identified by the various local units of administration; further, the state board shall allot funds to local units of administration for transpor tation costs for those children authorized by such local units of adminis tration to attend schools and programs of other local units of administra tion or when deemed necessary for adequate educational services.
(h) The state board is further directed and authorized to adopt poli cies and regulations relative to the use of minibuses for the transporta tion 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 re quested 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 of the independent school system in its budget prepared pursuant to subsection (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 transportation services within such school system.

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(j) The amount of funds needed by a local unit of administration during 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 dis tribution, 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 regu lation, for certifying and classifying all certificated professional 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 shall hold a certificate issued by the state board certifying as to their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated profes sional personnel as the state board may find reasonably necessary or de sirable in the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience and competency of such personnel. The state board is authorized to provide for revoking or denying certifi cates for good cause after an investigation is held and notice and hear ings 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 county or regional librarians and all other professional personnel certificated by the State Board of Education.
(b) The State Board of Education shall require each applicant for a renewable certificate to have obtained satisfactory scores on a test bat tery which assesses the applicant's specific subject matter or other appro priate professional knowledge essential to performing effectively in the applicant's field of certification prior to being granted a renewable certifi cate. In addition to the subject matter test, the state board shall be au thorized to require each such applicant to have demonstrated satisfactory proficiency in oral and written communication skills prior to being granted a renewable certificate. Further, the state board shall be author ized to require each such applicant to have demonstrated satisfactory onthe-job performance in the applicant's field of certification prior to being granted a renewable certificate. The state board shall be authorized to require each applicant seeking an initial renewable certificate to have ob tained a satisfactory score on a test which assesses the applicant's broad general knowledge. Each such applicant shall be provided at least three opportunities to demonstrate satisfactory scores, proficiency, and on-thejob performance, and all such applicants currently employed by a local school system in Georgia who initially do not pass any such tests or as sessments shall be provided staff development assistance in areas of defi ciencies identified as the result of such testing or assessments. Applicants

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seeking an initial renewable certificate must pass the test in order to be granted an initial renewable certificate. The achievement of said passing scores on designated tests and on-the-job performance assessments for beginning teachers, out-of-state teachers, and experienced teachers re newing a certificate, excluding life-certificated teachers, respectively, must demonstrate said scores for purposes of certification only once for a certification level and field. All applicants for certificate renewal in a teaching field during fiscal year 1987 shall be given a one-year extension to their existing renewable certificate.
(c) The State Board of Education shall have the authority to grant renewable certificates at the four-year level in a teaching field to an ap plicant 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 re lated 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 pro gram; 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.
(e) The State Board of Education may grant provisional or proba tionary certification to an applicant for such certification only after the endorsing local unit of administration certifies that the local unit has made an effort to recruit fully certified individuals, including announcing in writing the available position or positions to appropriate preparatory institutions in its region of the state and to the Department of Education at least three months in advance of the date of need. Announcements for such certified individuals shall be advertised in the legal organ of the

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county in which the school system is located. If the position has been available for three months or less and said applicant meets all other pro visions of law and state board policy, the state board may grant provi sional or probationary certification to such applicant.
20-2-201. (a) Any person certified as a teacher, principal, or guid ance counselor pursuant to Code Section 20-2-200 shall have satisfacto rily completed a course of five or more quarter hours, approved by the state board, in the identification and education of children who have spe cial educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed to assist teachers, principals, and guidance counselors in the identification and ed ucation of children who have special educational needs, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children 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 appli cants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Geor gia teaching certificates who are otherwise eligible for emergency certifi cates 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. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person tak ing the course under this Code section shall receive appropriate credit toward certification and in-step raises.
(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 separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all crit ical areas of health and shall include drug abuse, alcohol abuse, smoking, and health education. 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 regarding certification pursuant to subsection (b) of Code Section 20-2200 are not required of such holders of life certificates; although they may voluntarily 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 202-202, 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:

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(1) 'Aide' means a person who may have less than professional training and who takes no independent actions and has no decision-mak ing authority but performs routine tasks assigned by higher certificated personnel. Aides who work as instructional aides shall possess the mini mum of a high school diploma or a general educational development (GED) equivalency diploma.
(2) 'Licensed personnel' means paraprofessionals and aides.
(3) 'Paraprofessional' means a person who may have less than pro fessional-level certification who relates in role and in function to a profes sional and who does a portion of the professional's job or tasks under the supervision of a professional and who has some decision-making author ity, limited and regulated by his relationship with the professional. Such paraprofessionals shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
(4) 'Permitted personnel' means persons who may not qualify for professional certificates, including retired teachers, 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 aca demic, technical, and professional training and experience of such per sonnel. 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, including elected or appointed school superintendents, shall have their performance evaluated annually by an appropriately trained evaluator. In the case of the local school superintendents, such evaluations shall be done by the local board of education. Certificated personnel who have deficiencies and other needs shall have a professional development plan designed to mitigate such deficiencies and other needs 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 necessary 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 ad ministration 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

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shall be employed by local boards of education on the recommendation of the school superintendent of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education 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 cer tificated 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 contract for the ensuing school year. When such no tice of intended termination has not been given by April 15, 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 as provided in Code Section 20-2-940 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 per son 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 respect ing 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 cation of such personnel and 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 discre tion, find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with a bachelor's de gree 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

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and entering positions in Georgia having educational entry requirements comparable to the requirements for entry in Georgia public school teach ing. The list of Georgia beginning salaries by degree field used to calcu late Georgia's beginning teachers' salaries shall be presented annually with the Governor's budget recommendations. 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 General As sembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. Certificated professional personnel employed as such by the local systems shall be paid no less than indi cated on such salary schedule. For each state fiscal year, the State Board of Education shall adopt the salary schedule for which funding has been appropriated by the Georgia General Assembly. A local unit of adminis tration shall not pay to any teacher or other certificated professional per sonnel in its employment a salary less than that prescribed by the sched ule of minimum salaries. Local 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 pro viding classroom teachers who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field and ex hibit 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 compe tency and performance. The state board shall appoint a task force which is broadly representative of all educational interests to advise it concern ing the development and implementation of such teacher career ladder program. Following adoption of task force recommendations, the State Board of Education shall submit such recommendations to the General Assembly for review. The state board shall then grant sufficient funds subject to appropriation by the General Assembly for this purpose to each local unit of administration to pay the salary supplements 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 sched ule of salary supplements for administrators who have system-wide and school-wide 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 public education positions as deemed necessary and appropriate. The program adjustment amount for training and experience pursuant to Code Section 20-2-161 shall reflect the amount of funds needed by each local school system to pay all such salary supplements. Each salary sup plement approved by the state board and included within the program adjustment amount for training and experience shall be separately identi fied by category of personnel with total cost requirements.

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(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 responsi bilities 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 20-2-213 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. The state board shall allocate, once it has adopted such a salary supplement program for certificated nonteaching personnel, sufficient funds subject to appropriation by the Gen eral Assembly to each local unit of administration to pay the salary sup plement of all such personnel awarded the said supplements under this state board adopted 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 subsection.
20-2-215. Classroom aides and paraprofessionals shall have, while performing 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 experi ence, or both, prescribed by the state board to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified professional personnel on a daily ba sis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifia ble purposes. Such purposes 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 instruc tional 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 implementation 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, includ ing retired teachers in accordance with Code Section 47-3-127, who pos sess a valid teaching certificate 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 require ments 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 require ments for certification within this state. Nothing contained in this Code section shall prevent the local board or local school superintendent from

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refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article.
Part 7
20-2-230. (a) The State Board of Education shall adopt and pre scribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforce ment, and carrying 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, opportuni ties, and facilities for all Georgia's children and youth and economy and efficiency in administration and operation 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 public education in the pub lic 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 performance 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 conflict therewith, have the full force and effect of law.
(b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organ ize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, func tions, and operations of each at such times and in such manners as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department.
20-2-231. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administra tion 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, admin istration, or enforcement of such laws.
20-2-232. All county, independent, and area public school boards in this state, established pursuant to law, shall be local school systems for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other school or regional educational agencies established pursuant to law

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shall be local units of administration for the purposes of this article, ex cept where other specific provisions are made. The qualifications; manner and time of selection, election, or appointment; tenure; state compensa tion, if provided for; and powers and duties of school superintendents and members of boards of education of the several local units of administra tion shall be as prescribed 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 provi sions of rules, regulations, policies, and standards 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 ar ticle. 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 activities are properly planned, implemented, monitored, and evaluated to ensure 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 rela tive 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, or national origin.
20-2-233. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provi sion 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 Georgia 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 withholding 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 re quests 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 specify 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

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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 evi dence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand such mat ter for future proceedings or findings 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 subject to appropriation by the General Assembly for this purpose 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 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 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.
(b) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose 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 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 wide spread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency 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

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of such project's cost be paid by the qualified local unit receiving such grant.
(c) The State Board of Education shall provide grants subject to appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improve ment of an educational program or service. The criteria for awarding 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 article. 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 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 pro grams or services contained within its improvement plan in accordance with the said plan.
(2) 'Improvement plan' means a document submitted by the local school system and approved by the State Board of Education which de scribes educational programs or services which will be improved, educa tional goals for the educational programs or services included in the im provement plan, and educational objectives determined from the goals; an assessment which documents the need for the planned improvements; a course of action for implementing the planned improvements; an evalu ation 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; and
(3) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration sys tems to the extent deemed essential for successful implementation of ap-

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proved improvement plans. However, such suspension of rules and regu lations will apply only to those personnel, programs, and schools actually participating in the approved improvement activity.
(c) All policies, rules, and regulations prescribed by the state board pursuant to Code Section 20-2-240 shall apply to this Code section, un less 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 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 subject to appropriation by the General Assembly for this purpose 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 local school system shall be based upon the extent of need as re flected 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 may 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 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.
20-2-243. The State Board of Education shall provide qualified pub lic elementary and secondary schools and local school systems with incen tive award grants subject to appropriation by the General Assembly for this purpose. The purpose of such grants shall be to give recognition to

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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 simi lar 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 ex pend these funds to improve their staff development or instructional pro gramming, 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 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 imple mentation 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 instruction and education of children and youth; to sponsor confer ences, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public school system of this state, the quality 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 authorized 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 edu cational 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 pro vided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development spon sored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional pur poses of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effec tiveness, and to address the professional needs and deficiencies identified during the process of objective performance evaluations.
(b) All newly elected and appointed members of boards of local units of administration shall, before or within one year after assuming office, receive orientation on the educational program objectives of Geor gia and instruction 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 to local school board members; the evaluation of the annual performance of the school super-

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intendent 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 administra tion of the state. The Department of Education is authorized, in coopera tion with the Georgia School Boards Association, to conduct workshops providing such instruction and study and to present to each board mem ber 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 reimbursement of actual ex penses for travel, lodging, meals, and registration fees for such work shops, either before or after such board member assumes office.
20-2-251. Each program weight computed pursuant to Code Section 20-2-161 shall reflect an amount of funds that is at least equivalent to one-half of 1 percent of all professional salaries used in the development of each program weight. These funds shall be used for staff development.
20-2-252. (a) The State Board of Education is authorized and di rected to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advi sory board. Members of the advisory board shall consist of two represent atives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state board;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
(4) Representatives of the Senate appointed by the President of the Senate; and
(5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This sub section shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly.
(c) The Georgia Education Leadership Academy shall use such ap proaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not

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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 ex penses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effective ness of this program pursuant to subsection (e) of Code Section 20-2282.
20-2-253. Each local school system shall develop an annual compre hensive 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 de velopment plan shall provide for programming designed to address defi ciencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or pre scribed 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 adequate 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 in structional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means expenditures for the annual retire ment of debt for capital outlay construction projects for educational fa cilities and shall include the interest on the principal as well as the prin cipal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, ex penditures which result in the acquisition of fixed assets, existing build ings, improvements to sites, construction of buildings, construction of ad ditions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of ex isting buildings or portions thereof, renovation or modernization of ex isting buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and

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equipment necessary for the effective and efficient operation of the pro gram of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, special ized laboratories, cafetoriums, media centers, building equipment, build ing fixtures, furnishings, related exterior facilities, landscaping and pav ing, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facilities used for athletic competition and the central and area administrative of fices of local units of administration.
(6) 'Educational facilities survey' means a systematic study of pre sent educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection (k) of this Code section 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 ex clude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic pro gram 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, plumb ing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations 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.
(c) The State Board of Education shall implement the provisions of

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this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and imple ment the duties of this Code section. The State Board of Education's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual phys ical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and fa cilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities 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 constitut ing such teams to participate in the survey. However, it shall be the re sponsibility 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 educational 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 par ticipants 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; assess ment of existing educational facilities; extent of obsolescence of facilities; recommendations for improvements, 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 survey team and shall establish ap peal procedures for surveys not accepted;
(3) To adopt policies, guidelines, and standards for educational fa cilities construction plans required of local units. Local unit facilities con struction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educa tional facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of merging small, inefficient educational facili ties, if any; and other construction projects needed to house the instruc tional program required by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and cri-

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teria respecting all location, construction, equipping, operating, mainte nance, use, and matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effec tive, efficient, 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 installa tion of fixtures and equipment in educational facilities; space require ments 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 construction of a replacement facility, provided that the renovated facility provides comparable instruc tional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, 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 capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of plan ning and developing policies, anticipating state-wide needs for educa tional facilities, and providing assistance to local units in developing edu cational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the De partment of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, student membership projection research, and educational facilities construction plans and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to student member ship 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 student membership but shall be based on student membership which includes nonresident pupils, whether or not such nonresident pupils attend school pursuant to a contract between local units of administra tion. The nonresident projection shall be the most recent five-year student membership average. The survey team will use such projections in deter mining 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 improve ment 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 provisions 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, enti tlements, allocation of capital outlay funds, advance funding for certain

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construction projects, and consolidation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for edu cational facilities to ensure compliance with state standards and require ments, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects con structed under supervision of the Georgia State Financing and Invest ment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local units may revise their edu cational facilities plans or the priority order of construction projects re quested 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 com mitment by the State Board of Education for future allotments of state capital outlay fund, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease con tract. The State Board of Education is empowered and directed to with hold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section.
(e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i) of this Code sec tion, each local unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan. The local educa tional facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (0 of this Code section. Each local unit shall spec ify the order of importance of all proposed construction projects. When two or more local units agree on the need for a consolidation project pursuant to subsection (f) of this Code section, the estimated construe-

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tion cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit;
(3) Complete a comprehensive educational facilities survey at least 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 initiating 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 sug gesting 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 Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; and
(6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsec tion (c) of this Code section.
(f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites;
(2) To provide construction projects to renovate or modernize educa tional facilities in order to correct deficiencies which produce education ally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the in structional program required under provisions of this article or new edu cational facilities on new sites or new additions to existing ones as a re sult of internal population shifts or changes in attendance zones within the local unit;
(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school popula tion by the State Board of Education or which are too expensive to reno vate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites,

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or relocation of existing educational facilities or portions thereof on dif ferent 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 voca tional wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and
(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 pur poses of this paragraph unless and until all construction projects identi fied in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(g) The state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this sub section as follows:
(1) The required local participation shall be 25 percent of the eligi ble project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil by the total amount of the state-wide equalized ad justed school property tax digest per total resident pupil. The resulting index shall be multiplied by 25 percent of the cost of the eligible con struction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regard less 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 subsec tion; 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 facili ties 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 authori zation. 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 appropriated, 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 Ed ucation shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in

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the state. Such total state facilities' needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most re cent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually 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 section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this para graph), excluding payments for postsecondary facilities, athletic facili ties, administrative facilities, or other projects not included in the ap proved five-year plan pursuant to subsections (c) and (e) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsec tion (g) of this Code section and shall be adjusted upward for the re maining portion of the five-year period 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 entitle ment 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 com pared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(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 construc tion projects under the advance funding category to meet educational fa cilities needs due to the following:

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(1) Extraordinary growth of pupil population in excess of the capac ity 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 Department of Human Resources;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined annual entitlement and required local participation 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 sub section 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 section 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 re quirements 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 section for regular entitlements.
(k) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a com ponent of the comprehensive information retrieval system. The program shall be used in this subsection to forecast facility needs in each system by projecting student membership for each grade level and shall be writ ten in the educational facilities survey. The projection program method ology at least must correlate live-birth data to enrollment and project student enrollment for each of the grades, including kindergarten, for each of the next five years using cohort survival.
(1) The State Board of Education shall request funds for capital out lay purposes as defined in subsections (a) through (k) of this Code sec tion for each school system and project. For each project, the State

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Board of Education shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the Gen eral Assembly by object of expenditure all costs contributing to the con struction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.
20-2-261. (a) The State Board of Education shall establish 'common minimum requirements' which each public school facility must meet in order to be certified for use in any component of the educational or recre ational program of that school. Such minimum requirements shall in clude those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability 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 which such deficiencies are to be corrected must be submitted to the state board for review and ap proval. 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 ad ministration refusing or failing to implement the plan of action for defi ciency 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 services which are designed to improve the effectiveness of educational programs and services of local school systems and of providing instruc tional programs directly to selected public school students in the state. The programs commonly known as the Georgia Learning Resource Sys tem and Psycho-Educational Centers for severely emotionally disturbed students shall be assigned to and operated by the regional educational service agencies; provided, however, that any regional educational 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; pro vided, further, that any local system that was serving as a fiscal agent for the Georgia Learning Resource System or Psycho-Educational Center on January 1, 1985, may continue to serve in that capacity as a fiscal agent, provided that any election to so serve is made in writing by the local board of education to the State Board of Education and the regional edu cational service agency on or before July 1, 1986. This right of election can be exercised only one time and will remain in force until changed as

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provided in this Code section. A local system making such an election as provided in this Code section, may, at any time after such an election is made and at the end of any fiscal year, elect to have the regional educa tional service agency serve as its fiscal agent. The shared services to member local school systems may include such services as:
(1) Staff development programming;
(2) Assistance in implementing the uniformly sequenced core curric ulum adopted by the State Board of Education and other curricular improvements;
(3) Assistance in preparing plans or project proposals to be submit ted 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 pro vided the services of the Georgia Learning Resource System. The in structional 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 pre scribed by the state board for students with handicapping conditions which are either of such low incidence or of such severity that it is unfea sible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-151; pro vided, however, that severely emotionally disturbed students of all local school systems, member and nonmember local school systems alike, shall be provided the instructional and support services of the Psycho-Educa tional program. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.'
20-2-271. (a) The State Board of Education shall establish the ser vice area of each regional educational service agency as a single geo graphical area of this state that contains the entire area for several local school systems. 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 necessary by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such ser vice areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize exces sive travel time when providing 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

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not be a member of the regional educational service agency in its desig nated service area during the ensuing fiscal year shall approve a resolu tion 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 con trol shall be individuals who hold no other public office, who are not em ployees 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 mem bers from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education 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 con trol 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 assuring that the activi ties of each agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superinten dent 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 determine needs of school children in the area served by each agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of the agencies in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relat ing outputs to dollar inputs. Boards of control shall determine the proce dures and activities of each agency as related to the achievement of lo cally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, and work schedules in terms of lo cally established 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 regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control and shall be the fiscal officer of the board.

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(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those ser vices desired 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 appropriated by the General Assembly for this purpose to each regional educational service agency to finance the state's share of the ba sic operating expenses, to provide instructional and support services to students eligible for the psychoeducational program, to provide services under the Georgia 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 State Board of Education shall pre sent a budget for each regional educational service agency by basic oper ating expense, psychoeducational program, Georgia Learning Resources System, and instruction and training service to handicapped students. This budget shall include a division of the state and local share for each program in support of appropriations considerations by the General As sembly. The member local school systems shall on a state-wide basis col lectively contribute one-fourth of the basic cost of operating the regional educational service agency network. The amount each member local school system shall contribute shall be based upon its ability to contrib ute, as determined by the State Board of Education. In making this de termination 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 contracts 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 allo cated 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 long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improve ment 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 reflective of the priorities contained in the state-wide longterm strategic plan adopted by the state board and such needs for im proving educational programs and services system wide or in specific

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schools as were identified through an in-depth self-study or an evaluation by the Department of Education 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 educa tional programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives determined from these goals, a course of action for implementing the planned improvements including a phasing timetable, an evaluation system to determine 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 norm-refer enced and criterion-referenced instruments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund, subject to appropriation of the General As sembly, all costs of providing and scoring such instruments. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criterion-referenced instruments, or other in struments that the state board may develop which measure student per formance on the basic Georgia curriculum, shall be administered to stu dents in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. The nationally-normed assessments shall pro vide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Edu cational Progress (NAEP) beginning in fiscal year 1987 and thereafter. The results of such testing shall be provided to the Governor's office, the General Assembly, and the State Board of Education and shall be re ported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to subparagraph (B) of paragraph (2) of subsection (b) of Code Section 20-2-151.
(b) The state board shall have the authority to condition the promo tion 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 instruments or tests adopted and administered by the state board pur suant to subsection (a) of this Code section. The State Board of Educa tion is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administra tion of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is law fully assigned to a special education program and who does not achieve a passing score on said test but who has nevertheless completed his or her Individualized Education Program.

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20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency which shall be done at least once every five years concerning the following functions to the extent they are deemed by the State Board of Education to be appropriate and applica ble 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, includ ing 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;
(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 individu als from other such units, college teacher preparation programs, and citi zens residing within the respective units; the number and role of such individuals being prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations of such units by the Department of Education.
(b) The State Board of Education is authorized, subject to appropri ation by the General Assembly for this specific purpose, to establish re gional offices of the Department of Education. Should the state board establish such regional offices of the Department of Education, their ser vice areas shall be congruous with the service area of regional educa tional 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

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satisfactory comprehensive evaluation pursuant to subsection (a) of this Code section as 'standard' schools, school systems, or regional educa tional service agencies, respectively. The State Board of Education shall award a certificate 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, excluding the regional educational service agencies, with grants ap propriated by the General Assembly for this purpose pursuant to the pro visions 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 service agencies, respectively. The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens resid ing within its area concerning the collective achievement of enrolled stu dents 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 compre hensive evaluation including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assess ment of student achievement; the status of each public school, school sys tem, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintend ents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public educa tion in this state. The State School Superintendent shall compile an an nual report in which shall be presented 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 pub lic inspection during regular business hours. Copies of the report or por tions of the report shall be made available on request.
(e) The State Board of Education shall report to the education com mittees of the House of Representatives and the Senate on a quarterly basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it antici pates will be requested through the appropriations process for systems to meet the intent of the General Assembly. The State Board of Education shall not include in any plan submitted to a federal agency any provision

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which commits future state funds beyond that which it normally receives annually through the appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(f) The State Board of Education shall prescribe such policies, pro cedures, and instruments as are deemed necessary for the effective imple mentation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level 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 desig nated 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 oif regional educational service agencies to sup ply 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 development and implementa tion 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 im plementing state board approved corrective plans. Such reviews shall con tinue 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.
(c) The State Board of Education shall conduct a comprehensive evaluation 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 conducted within two years after the state board has approved their corrective plan.
(d) In the event the state board finds that any local unit of adminis tration is making unsatisfactory progress relative to development or im plementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any combination of the fol lowing actions:
(1) 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; or
(2) The state board is authorized to file a civil action in the superior 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

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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 court, shall be paid for out of funds used to pay for expenses incurred by board members. If the trustee 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.
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 subject to appropriation by the General Assembly for this purpose to 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. Local school systems which have organ ized their schools in such a manner that facilities house more than grades six, seven, and eight or that students in these grades are split across ele mentary and upper grade level schools shall qualify for the middle school program, provided they meet all criteria and standards prescribed by the state board. Further, two or more adjacent school systems shall qualify for the middle school program if through their contractual arrangement they all jointly meet the criteria and standards prescribed by the state board. For those systems which are unable to implement a middle school program containing grades six, seven, and eight, the state board shall have the authority to fund either grades six and seven or grades seven and eight under the provisions of this Code section if such programs meet all other criteria and standards prescribed by the state board. This Code section shall in no way require a local school system to construct a mid dle school containing grades six, seven, and eight in order to qualify for funds under this Code section.
20-2-291. (a) In the event any local school system is voluntarily con solidated with one or more adjoining local school systems under the pro visions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2372, all local school systems which are a party to such voluntary consoli dation shall not be required to finance any portion of the costs for any new construction or any renovation of existing facilities qualified under Code Section 20-2-260 subject to appropriation for this purpose by the General Assembly.
(b) In the event any local school system which has an elementary

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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 forego ing number, the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to fi nance under the provisions of Code Section 20-2-260 for any new con struction or any renovation of existing 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 autho rizes an exemption based upon the greater good for all students which will result from such system consolidation or school merger; and
(2) In the event of consolidation, all existing buildings will be uti lized for educational purposes to the extent feasible and practical.
20-2-292. (a) The State Board of Education shall provide sparsity grants, subject to appropriation by the General Assembly for this pur pose, 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 Quality 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 stu dents even if schools were merged or the local system is consolidated with an adjoining 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 quali fying local system; and
(3) The State Board of Education has completed a study which:
(A) Concludes that school merger and system consolidation is infeasible;

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(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. Once a local school system becomes eligible for a sparsity grant under the provisions of this Code section, the State Board of Education shall conduct a new study as provided under subsec tion (a) of this Code section at least once every five years.
(b) A local system shall continue to be qualified for the provisions of this Code section until the State Board of Education has completed such a study within five years, unless the local system has rejected an opportu nity to consolidate with another local system, or the local system is being provided sufficient 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 manner prescribed by the state board. The state board shall prescribe such policies, regulations, procedures, and criteria as it deems necessary for the effective 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, subject to appropriation by the General Assembly for this purpose, 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 young farmer programs, youth camps, and foodprocessing programs, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitat ing allotment of additional funds. The state board is authorized to estab lish 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, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such programs and the General Assembly has appropriated funds for this purpose.
(b) The state board shall annually determine the amount of funds

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needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly 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 materials used in the state-wide public school educational television pro gram. Such state-wide costs as determined by the state board shall be paid entirely from state funds subject to appropriation by the General Assembly for this purpose and shall not be considered in determining the share of local units of administration of the cost of supporting the Qual ity 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 limited to, reviewing the utilization of educational television for both in structional 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 Telecom munications Commission, and the commission may contract for the pur poses of paragraphs (1) and (2) of this subsection with public telecom munications facilities owned by an independent school system prior to 1960.
(d) (1) The State Board of Education shall maintain an adult gen eral education program within the state. This program shall provide in struction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth-grade educa tion or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade educa tion 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 diploma. Programs of general education for adults should serve to improve the ability of the individual to profit from occu pational training and meet adult responsibilities more effectively. Individ uals 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 sub section shall in no way be interpreted to prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general educa tion 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

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funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities 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 ed ucation. The state board shall establish policies, regulations, and stan dards relating to implementation and operation of general education pro grams for adults. To be eligible for state and federal funds, all programs shall be operated 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 general education for eligible individuals.
(e) (1) There is established a State Board of Postsecondary Voca tional Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appoint ments. Members shall represent business, industry or economic develop ment. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for twoyear terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired terms of office.
(2) The State Board of Postsecondary Vocational Education shall be empowered to:
(A) Approve occupational programs of two year duration or less; provided, however, any courses to be transferable to units of the Univer sity System of Georgia shall be approved by the board of regents;
(B) Receive and hold title to property, equipment, money, and materials;
(C) Solicit and receive funds from the general public, corporate un derwriters, and foundations;
(D) Contract with other state, federal, or local schools and organiza tions, individuals, or other legal entities;
(E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; and
(F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-tech nical schools, programs, and institutions, to include but not be limited to, developing criteria for employment and retention of faculty and staff, student admissions, program approval, salaries, tuition and fees; long and short-term planning to include facilities, program standards, length and

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outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting re sources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide sys tem of schools with centralized and specialized leadership at the state level.
(3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupa tional, and vocational-technical education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activi ties which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full part ner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state depart ment 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 State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, sub ject to fund availability, from the State Board of Postsecondary Voca tional Education.
(5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members.
(6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities.
(7) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult voca tional-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds

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for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those fed eral funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel posi tions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other ad ministrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall re tain all existing rights under the Employees' Retirement System of Geor gia, Teachers Retirement System of Georgia, and the state merit system.
(8) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education.
(9) Any other Code section of this article notwithstanding, and sub ject to appropriations by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary sup plement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this subsection.
(10) Any other Code section of this article notwithstanding, all deci sions regarding the delivery of postsecondary and adult vocational-techni cal education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Voca tional Education. Commensurate with this authority the board shall exer cise state-level management and operational control over the postsecon dary area vocational-technical school system and adult vocational centers.
(11) Nothing in this Code section shall abridge the authority of the board of regents to establish or operate colleges or of local or indepen dent city or area boards to operate schools.
(12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary voca tional-technical schools which is highly responsive to the occupational ed ucation and training needs of business, industry, and students, and which enhances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The execu-

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live director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Ed ucation. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descrip tions for the necessary administration, programmatic, liaison and clerical personnel and shall, at his discretion, hire staff necessary for the opera tion of the State Board of Postsecondary Vocational Education.
(15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on and after July 1, 1985, shall become members of the Teachers Retirement System of Georgia as a condition of employment, unless such personnel select membership in the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia at the time of their employment.
(16) Any other Code section of this article notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecon dary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accom plish this requirement, as set forth in this Code section.
(f) (1) The State Board of Education shall annually determine and request 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 established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in pro portion to the area and population to be served by such libraries in accor dance with regulations and minimum public library requirements pre-

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scribed 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 equipment to meet the library needs of the blind and handicapped citi zens 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 re ceive federal funds allotted to this state under acts of Congress appropri ating federal funds for public libraries.
(5) The state board shall adopt policies and regulations to imple ment this subsection.
(g) The state board is authorized to inaugurate a student honors program for pupils in the public and private high schools of this state who have manifested exceptional abilities or unique potentials or who have made exceptional 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 adequate to provide challenging opportunities for ad vanced study and accomplishments by such students. The student honors program shall be implemented 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 State Board of Education from funds made available for this purpose by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Re gents 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 operate a residential high school program for highly gifted and talented youths of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment in this residential high school program shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of such student must have signed an agreement authorizing enrollment in this program. 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 Assem bly for this purpose. The state board is authorized to enter into coopera tive agreements with the Board of Regents of the University System of Georgia concerning 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.
(i) The State Board of Education shall have authority to provide for the operation of youth camps, food-processing programs, and young

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farmer programs. The State Board of Education shall annually deter mine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed.
20-2-301. The State Board of Education shall be empowered to form a coordinating committee for exceptional individuals. The Coordinating Committee for Exceptional Individuals shall consist of a representative of the Governor's office, no less than three representatives of the Depart ment of Education, no less than three representatives of the Department of Human Resources, and no less than three representatives of the De partment of Offender Rehabilitation. At least one of each department's representative shall be from the upper levels of management, and all rep resentatives shall be designated by their respective department head. The committee shall be provided a full-time staff of 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 re garding 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 in volves a conflict at the institutional and school-system level.
20-2-302. Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide 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 educational and career opportunities available in the military.
20-2-303. Each student in the public schools of this state, upon at taining the age of 18 years, shall be apprised of his or her right to regis ter as an elector and to vote in elections and of any obligation to register with the Selective Service System 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 ex ceed one school day.
20-2-304. Each student in the public schools of this state shall be afforded 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 manner for recitation of the Pledge of Allegiance. Such policy shall be established 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 proce dure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the state board, be

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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 administration wherein the pupil resides for the purpose of allot ting state funds under this article, notwithstanding absence of an agree ment between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to approve volunta rily 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 implementa tion 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 contract 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.
20-2-306. (a) The Governor prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Educa tion, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Of fice to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the implementation of this article and to design a state-wide educational information system which will provide for the ac curate and timely flow of information from local units of administration to the state.
(b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equip ment and software for local units of administration.
(c) Any information, unless otherwise prohibited by statute, col lected over the state-wide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Edu cation committees.
(d) The state-wide educational network shall be substantially com pleted prior to July 1, 1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed' would include at a minimum complete FTE counts and complete salary data for each school system.
20-2-307. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expan sion related to or contemplated in this article which would result in addi tional expenditures by the state if such expenditures are not funded or

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otherwise contemplated by the General Assembly in an appropriations Act in force or to be in force within one year.
20-2-308. The State Board of Education shall maintain, according to the specific data categories defined by the task force created under Code Section 20-2-306, expenditure records for each instructional program and categorical grant under this article. As a part of its annual budget re quest, the State Board of Education shall specify the student-teacher ra tios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available, upon request, to the Appropri ations and Education committees of the House of Representatives and Senate of the General Assembly."
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 for the purpose of public educa tion; 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 gram for Education in Georgia; responsiveness to the community; and the ethics, duties, and responsibilities of local school board members. The

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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.
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-

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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.
20-2-670. Reserved.
20-2-671. Reserved.

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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 1985-1986 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 nonvocational 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 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 a student for any portion of the school day that the student is assigned to a study hall or any noncredit course, a driver education course, a course recognized under this article or by State Board of Education policy as an enrichment course, a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis, a course in which the student serves as a stu dent assistant to a teacher, in a school office or in the media center, ex-

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cept when such placement is an approved work site of a recognized ca reer or vocational program, an individual study course for which no outline of course objectives is prepared and retained, or any other course or activity so designated by the State Board of Education. For the pur pose 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 indi cated for a student for one or more sixths of the school day if the student is not enrolled for 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 partici pation 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 ex ceed the average locally financed per student cost for the preceding school year, excluding required local effort. 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 at tending 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 prin cipal or his designee. The State Board of Education shall adopt such reg ulations and criteria 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 justifia ble 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 respect ing salaries to be paid personnel according to various classifications.
(b) The State Board of Education shall establish a schedule of mini-

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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 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. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers' salaries shall be presented annually with the Governor's budget recommendations. Such minimum salary schedule shall in all other re spects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appro priate funds to implement a salary schedule for certified professional per sonnel. Certified professional personnel employed as such by the local systems shall be paid no less than indicated on such salary schedule. For each state fiscal year the State Board of Education shall adopt the salary schedule for which funding has been appropriated by the General Assem bly. 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 ad ministration 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 sub ject matter or grades to be taught, and the experience and performance of the particular personnel whose salary is being supplemented.
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 pro gram which has as its purpose providing certificated nonteaching person nel 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-

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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, subject to appropriation by the General Assembly for this purpose, 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 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, subject to appropriation by the General Assembly for this purpose, to qualified lo cal units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program 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 wide spread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency 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, subject to appropriation by the General Assembly for this purpose, to qualified lo cal 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

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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.
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, subject to appropriation by the General Assembly for this purpose, to local systems of administration to be used to purchase computer hardware, software, and related elec tronic 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 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 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.
(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

WEDNESDAY, MARCH 6, 1985

2499

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 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 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. The Office of Planning and Budget shall furnish, upon request of the General Assembly, all such information as is deemed necessary by the General Assembly regarding the procedure for estimat ing this percent.
20-2-330. (a) The Governor prior to July 15, 1985, shall appoint a task force composed of representatives from the Department of Educa tion, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Of-

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JOURNAL OF THE SENATE

fice to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration for the implementation of this article and to design a state-wide educational information system which will provide for the ac curate and timely flow of information from local units of administration to the state.
(b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the state board and local units of administration. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide educational network, including any funding needed for equip ment and software for local units of administration.
(c) Any information, unless otherwise prohibited by statute, col lected over the state-wide educational network shall be made available to the Governor's office and the House and Senate Appropriations and Edu cation committees.
(d) The state-wide educational network shall be substantially com pleted prior to July 1, 1987, and shall be fully completed by July 1, 1988, and the task force appointed by the Governor shall be abolished on July 1, 1987. As used in this Code section, the words 'substantially completed' would include at a minimum complete FTE counts and complete salary data for each school system.
20-2-331. (a) The State Board of Education is authorized and di rected to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advi sory board. Members of the advisory board shall consist of two represen tatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state board;
(2) Representatives of colleges and universities appointed by the state board;
(3) Representatives of the House of Representatives appointed by the Speaker of the House;
(4) Representatives of the Senate appointed by the President of the Senate; and
(5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if

WEDNESDAY, MARCH 6, 1985

2501

such reimbursement has not been provided from other sources. This sub section shall stand repealed on July 1, 1988, unless otherwise reenacted by the General Assembly.
(c) The Georgia Education Leadership Academy shall use such ap proaches as are deemed necessary to ensure the active participation of public school leadership personnel and their mastery and application 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 ex penses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effective ness of this program."
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.

Senator Barnes of the 33rd moved that the Senate adopt the Conference Commit tee report on SB 82.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes J*ond owen
Jrannon Broun 46th
Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
Harris arrison
Hlnf Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th
^tarr u Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

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Not voting was Senator McKenzie (excused).

On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 82.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 269 was as follows:

A BILL
To be entitled an Act to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to provide a definition of the word "may"; to change internal crossreferences; to provide for the power of the authority relating to the issuance of revenue bonds, bonds, notes, or other obligations; to change the provisions relating to the time when a lease may allow title to an environmental facility project to vest in the local government; to delete the requirement that local governments first undertake to sell bonds, notes, or other obligations pursu ant to a request for bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Development Authority, is amended by strik ing paragraphs (8) through (13) of Code Section 50-10-4, relating to defini tions, and inserting in lieu thereof new paragraphs (8) through (14) to read as follows:
"(8) 'May' means permission and not command.
(9) 'Municipal corporation' or 'municipality' means any city or town in this state.
(10) 'Obligation' means any bond, revenue bond, note, lease, con tract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, includ ing refunding bonds.

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2503

(11) 'Project' means the acquisition, construction, installation, modi fication, renovation, repair, extension, renewal, replacement, or rehabili tation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any na ture whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the devel opment of trade, commerce, industry, agriculture, and employment opportunities.
(12) 'Revenue bond' includes bond.
(13) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining 'en vironmental facilities.'
(14) 'Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining 'envi ronmental facilities.' "
Section 2. Said chapter is further amended by striking paragraph (9) of subsection (d) of Code Section 50-10-5, relating to corporate powers and purposes, which reads as follows:
"(9) To issue revenue bonds, bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loan ing the proceeds thereof to pay, all or any part of the cost of any project and otherwise to use the proceeds to further or carry out the public pur pose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose and to pay all costs of the authority incurred in connection with the issu ance of the revenue bonds, bonds, notes, or other obligations;",
and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Af fairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and inter est on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations;".

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Section 3. Said chapter is further amended by striking subsection (e) of Code Section 50-10-7, relating to certain lease agreements, which reads as follows:
"(e) Any lease agreement executed by the authority directly with any local government may provide that at the termination thereof and upon payment in full of all amounts due thereunder and otherwise to the authority, title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, reve nue bonds, notes, or other obligations involving the authority.",
and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority."
Section 4. Said chapter is further amended by striking Code Section 50-10-17 which reads as follows:
"50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1976 and Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor, provided that, except as to the use of the proceeds of bonds guaranteed as to payment by the state or with respect to funds provided to the authority by the state from the sale of state general obligation bonds, the authority shall not acquire any bond, revenue bond, note, or other obligation from a local government issued to pay all or part of the cost of any local project to be acquired or con structed by a local government unless such local government shall have first undertaken to sell such bond, revenue bond, note, or other obligation pursuant to a request for bids or a request for proposal, for negotiation or otherwise, in accordance with and on terms and conditions prescribed by the above commission.",
and inserting in lieu thereof a new Code Section 50-10-17 to read as follows:
"50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section III, Paragraph III of the Constitution of the State of Georgia of 1983 or its successor."
Section 5. Code Section 45-12-93 of the Official Code of Georgia An notated, relating to the Revenue Shortfall Reserve and Midyear Adjustment Reserve, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) Any other provision of law notwithstanding, the General As-

WEDNESDAY, MARCH 6, 1985

2505

sembly of Georgia is authorized to appropriate $12,500,000 for State Fiscal Year 1985 from the Revenue Shortfall Reserve, for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 269 as amended by the following amendment:

Amend the House substitute to SB 269 by inserting following the word "obligations" on line 6 of Page 1 the following:
"; to authorize the authority to receive payments from the Depart ment of Community Affairs and to use the proceeds thereof for certain purposes; to authorize the General Assembly to appropriate certain funds for State Fiscal Year 1985 from the Revenue Shortfall Reserve for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bond owen
Brannon
K eoyf46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Garner Gillis
Greene Harris
Harrison
JjTM Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry
Phillips Reddish
Scott of 2nd
Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes (excused conferee) Coleman

Fincher Foster (excused conferee)

McKenzie (excused) Ray Trulock

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 269 as amended by the Senate.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Howard of the 42nd moved that the Senate insist upon the Senate substi tute to HB 583.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 583.

The following bills of the Senate and House were taken up for the purpose of considering the House action thereon:

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.

Senator Peevy of the 48th moved that the Senate adhere to its disagreement to the House substitute to SB 19, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 19.

WEDNESDAY, MARCH 6, 1985

2507

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Peevy of the 48th, Allgood of the 22nd and Trulock of the 10th.

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

Senator Greene of the 26th moved that the Senate adhere to the Senate substitute to HB 907, and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 907.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Peevy of the 48th and Hine of the 52nd.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 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.

Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Garner Gillis Greene Harris Hine Holloway Howard Hudgins Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Barker Barnes (excused conferee) Fincher Foster (excused conferee)

Harrison Horton Land McKenzie (excused)

Starr (excused conferee) Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office.

Senator Bryant of the 3rd moved that the Senate adhere to its disagreement to the House amendment to SB 272, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 272.

The President appointed as a Conference Committee on the part of the Senate the following:

WEDNESDAY, MARCH 6, 1985

2509

Senators Bryant of the 3rd, Kennedy of the 4th and Reddish of the 6th.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 214.

By Senator Coverdell of the 40th:
A resolution requesting the United States Postal Service to issue a com memorative postage stamp celebrating Georgia's 200th year as a state.

The Senate Committee on Rules offered the following amendment:

Amend SR 214 by striking from lines 16 and 17 on Page 1 the following:
"GENERAL ASSEMBLY OF GEORGIA",
and inserting in lieu thereof the following:
"SENATE".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the 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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal English Fincher Garner Gillis Greene Harris Hine 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 Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Barnes (excused conferee) Dean Engram

Foster (excused conferee) Harrison Holloway Hudgins

McKenzie (excused) Starr (excused conferee) Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 659.

By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend Code Section 21-10-15 of the Official Code of Georgia Annotated, relating to the filing of death certificates; so as to provide additional requirements for the filing of death certificates; to provide for the furnishing of certain information to county voter registration officers.

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 Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal

Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

WEDNESDAY, MARCH 6, 1985

2511

Those not voting were Senators:

Barnes (excused conferee)
Bryant Cobb Dean

English Engram
Foster (excused conferee) McKenzie (excused)

Peevy Starr (excused conferee) Tate

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto:

SR 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 House amendment was as follows:

Amend SR 50 by adding on Page 2, line 3, after the word "Resolved", the following:
"AND ENACTED".

Senator Brannon of the 51st moved that the Senate agree to the House amend ment to SR 50.

On the motion, 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 Coleman Coverdell Dawkins Deal English Fincher Garner

Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy

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JOURNAL OF THE SENATE

Kidd Land Langford McGill Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh

Timmons Tolleson
Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes (excused conferee) Dean Engram

Foster (excused conferee) Hudgins McKenzie (excused)

Starr (excused conferee) Tate

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 50.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 406. By Representative Russell of the 64th:
A resolution providing for recognition of a Georgia Homecoming in 1988.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 186. By Senators Deal of the 49th and Foster of the 50th:
A resolution urging a careful reevaluation of proposed cutbacks in the budget of the Soil Conservation Service.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 6, 1985

2513

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal Dean

English Fincher Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Brantley Burton

Coverdell Tolleson

Those not voting were Senators:

Tysinger

Albert Barnes (excused conferee) Engram Foster (excused conferee)

Garner Harrison Howard McKenzie (excused)

Starr (excused conferee) Stumbaugh Tate

On the adoption of the resolution, the yeas were 40, nays 5.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 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 re strictions on serving in a fiduciary capacity, so as to specify the qualifica tions for the office of judge of the probate court.
Senate Sponsor: Senator Greene of the 26th.

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JOURNAL OF THE SENATE

Senator Greene of the 26th offered the following substitute to HB 74:

A BILL
To be entitled an Act 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; to preserve an exception to certain qualifications; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-2 of the Official Code of Georgia Anno tated, relating to eligibility of judges of the probate courts and restrictions on serving in a fiduciary capacity, is amended by striking in its entirety said Code section, which reads as follows:
"15-9-2. (a) The eligibility and disabilities of the judge of the pro bate court, aside from those specified in the Constitution, are the same as those of the clerks of the superior courts for their offices.
(b) The judge of the probate court cannot, during his term of of fice, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immedi ately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the juris diction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of an other county.
(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county.",
and substituting in lieu thereof a new Code Section 15-9-2 to read as follows:
"15-9-2. (a) (1) Except as otherwise provided in subsection (c) of this Code section, no person shall be eligible to offer for election to or hold the office of judge of the probate court unless the person:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which the person seeks the office of judge of the probate court for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office;

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2515

(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any person who was holding the office of judge of the probate court on July 1, 1981;
(E) Has obtained a high school diploma or its recognized equivalent; and
(F) Has not been convicted of a felony offense or any offense involv ing moral turpitude contrary to the laws of this state, any other state, or the United States.
(2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the clerk of the superior court of the county in which the person is seeking office prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section.
(b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or other agent of a fiduciary na ture required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immedi ately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the juris diction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of an other county.
(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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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 Coleman Coverdell Dawkins

Deal Dean English Fincher 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 Starr Stumbaugh Tolleson Trulock Turner Walker

Those not voting were Senators:

Engram Hudgins

McKenzie (excused) Tate

Timmons Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 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.
Senate Sponsor: Senator Deal of the 49th.

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2517

The Senate Committee on Judiciary offered the following substitute to HB 85:

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 change the number of persons selected as grand jurors by mechanical or electronic se lection; to change the entities with which counties may contract to provide mechanical or electronic juror selection and to change certain conditions for such contracts; to provide for panels of jurors; to provide for six-person ju ries in civil cases in state courts; to provide that a jury of 12 may be de manded in certain cases; 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 para graph (1) of subsection (b) of Code Section 15-12-40, relating to compila tion and revision of jury lists, and inserting in its place a new paragraph (1) to read as follows:
"(1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a jury list of all the intelligent and upright citizens of the county who are otherwise quali fied to serve as jurors. The approved jury list may be taken from the registered voters' list of the county as most recently revised by the county board of registrars or other county election officials and from any other source approved by the board of jury commissioners. After selecting the citizens to serve as jurors, the board of jury commissioners shall select from the jury list any number of the most experienced, intelligent, and upright citizens to serve as grand jurors. The number of citizens on said list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors re quired to be drawn in the county annually, not to exceed 5,000 jurors."
Section 3. Said title is further amended by striking in its entirety sub section (c) of Code Section 15-12-42, relating to use of jury boxes and mechanical and electronic means of selecting jurors, and inserting in its place a new subsection (c) to read as follows:
"(c) A county utilizing mechanical or electronic means for the selec-

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tion of jurors may, under proper court rule, contract for the drawing of their respective trial and grand jurors with any entity with which a county may contract under Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution and with any private business or entity within this state, but any such contract shall ensure that proper safe guards are maintained as provided in paragraph (2) of subsection (b) of this Code section. The drawing may be held outside of the county so contracting by a judge of the circuit or his designee upon proper posting and advertising in the county legal organ of the rule of court allowing this service to be performed for the county."
Section 4. 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) (1) Except as provided in paragraph (2) of this Code section, 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 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 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 con stitute the jury to try the case. In all cases the plaintiff shall have the first strike.
(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the proce dures for superior courts of subsection (b) of this Code section.
(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 parties 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 5. 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) (1) Except as provided in paragraph (2) of this sub section, in all civil actions in the state courts, each party may only de mand 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 coun sel for either party, shall cause the panel to be filled by additional compe-

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2519

tent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury.
(2) In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts of subsection (b) of this Code section.
(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 6. 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 7. 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 8. All laws and parts of laws in conflict with this Act are repealed.

Senators Land of the 16th, Trulock of the 10th, Garner of the 30th and Gillis of the 20th offered the following amendment:

Amend the substitute to HB 85 offered by the Senate Committee on Judiciary by adding in the title at the end of line 14 of Page 1 the following:
"to change the provisions relating to the number of peremptory chal-

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lenges in felony cases; to change the provisions relating to selection of alternate jurors and additional peremptory challenges in felony cases;".
By renumbering Section 8 on Page 7 as Section 10 and adding two new Sections 8 and 9 to read as follows:
"Section 8. Said title is further amended by striking in its entirety Code Section 15-12-165, relating to peremptory challenges, and inserting in lieu thereof a new Code Section 15-12-165 to read as follows:
'15-12-165. Every person indicted for a crime or offense which may subject him to death or to imprisonment for not less than one year may peremptorily challenge 10 of the jurors impaneled to try him. The state shall be allowed the same number of peremptory challenges allowed to the accused.
Section 9. Said title is further amended by striking in its entirety Code Section 15-12-169, relating to alternative jurors, and inserting in lieu thereof a new Code Section 15-12-169 to read as follows:
15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and chal lenges. The state shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to the same number of peremptory challenges to alternate jurors as the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory chal lenges to alternate jurors as there are alternate jurors called.' "

Senator Land of the 16th asked unanimous consent to withdraw the amendment offered by Senators Land of the 16th, Trulock of the 10th, Garner of the 30th and Gillis of the 20th; the consent was granted, and the amendment was withdrawn.

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

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2521

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
Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Timmons Tolleson Trulock Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Coleman Fincher

McKenzie (excused) Scott of 36th

Tate Turner

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House adheres to 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 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.

The Speaker has appointed on the part of the House, Representatives Thompson of the 20th, Johnson of the 72nd and Crosby of the 150th.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

The House has passed, as amended, by the requisite constitutional majority the following bills 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.

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 express prior written permission of the owner shall be guilty of a misdemeanor.

The House has appointed a Committee of Conference on the following bill of the Senate:

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

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2523

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.

The Speaker has appointed on the part of the House, Representatives Home of the 103rd, Argo of the 68th and Johnson of the 72nd.

The House has disagreed to the Senate amendment to 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.

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 bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Barnes of the 33rd moved that the Senate insist upon the Senate amend ment to HB 630.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 630.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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

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for medical malpractice; to change the general limitation; to repeal the limitation relative to foreign objects left in the body.

The House substitute to SB 170 was as follows:

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 certain provisions relating to limita tions of actions for medical malpractice; to change the general limitation; to provide for an ultimate statute of repose and abrogation; to provide for ap plicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to provide for conforming exceptions where foreign objects are 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 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. (a) Except as otherwise provided in this article, no action to recover damages shall be brought against any person for an injury or wrongful death arising from medical malpractice more than five years after the date on which the wrongful act or omission occurred.
(b) Notwithstanding subsection (a) of this Code section, such an in jury or wrongful death which occurred during the fourth or fifth year after the date on which the wrongful act or omission occurred may be the basis for an action to recover damages for such an injury or wrongful death if brought within two years after the date on which such injury or death occurred, but in no event may such an action be brought more than seven years after the date on which the wrongful act or omission occurred.
(c) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose, nor to change the general statute of limitations for personal injury as found in Code Section 9-3-33 with respect to medical malpractice."
Section 2. Said article is further amended by striking Code Section 9-372, relating to limitations periods when foreign objects are left in the body, and inserting in lieu thereof a new Code Section 9-3-72 to read as follows:

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2525

"9-3-72. The limitations 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 the purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device."
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.

Senator Greene of the 26th moved that the Senate disagree to the House substi tute to SB 170.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 170.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Garner of the 30th moved that the Senate adhere to the Senate substitute to HB 80, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 80.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Garner of the 30th, Brannon of the 51st and Huggins of the 53rd.

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HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

Senator Howard of the 42nd moved that the Senate insist upon the Senate substi tute to HB 615.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 615.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

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.

The House amendment was as follows:

Amend SB 210 by adding at the end of line 20 of Page 1 the following:
"or archeological".
By striking line 1 of Page 2 in its entirety and inserting in lieu thereof the following:
"(4) Enter a cave posted against trespassing or a cave with a lock, gate, door, or other obstruction designed to control or prevent access to the cave."

Senator Tolleson of the 32nd moved that the Senate agree to the House amend ment to SB 210.

On the motion, 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 Dean English Engram Fincher Foster Garner Gillis Greene

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2527

Harris Harrison Holloway Horton Huggins Kennedy Kidd Langford McGill Peevy Perry Phillips

Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dawkins
Deal Mine

Howard
Hudgins Land

McKenzie (excused) Scott of 36th

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 210.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Starr of the 44th moved that the Senate insist upon the Senate amend ment to HB 4.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 4.

The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:

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.

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The House amendments were as follows:

Amendment No. 1:
Amend SB 154 by adding in Section 5 on line 1 of Page 7, between the designation "(d)" and the word "Notwithstanding", the following:
"(1)".
By deleting the quotation marks at the end of Section 5 at the end of line 14 of Page 7 and by adding between lines 14 and 15 the following:
"(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.' "
By striking and deleting in its entirety Section 5A, beginning on line 15 of Page 7 and continuing through line 10 of Page 8, which reads 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 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.' "
Amendment No. 2:
Amend SB 154 by striking from lines 2 and 3, 6 and 7, and 10 and 11 of Page 4 the following:
"trains more than one person for compensation",
and inserting in its place the following:

WEDNESDAY, MARCH 6, 1985

2529

"receives compensation for training more than one person".

Senator Kidd of the 25th moved that the Senate agree to the House amendments to SB 154.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Deal Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Langford McGill Peevy Perry Ray Starr Tate Timmons Trulock Turner Walker

Those not voting were Senators:

Barker Bond Dawkins
Fincher Harrison

Land
McKenzie (excused) Phillips Reddish Scott of 2nd

Scott of 36th Stumbaugh Tolleson Tysinger

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 154.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

2530

JOURNAL OF THE SENATE

Senator Scott of the 2nd moved that the Senate insist upon the Senate amendment to HB 30.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 30.

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 14. By Representative Bolster of the 30th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, so as to provide that when a youth in the custody of the Divi sion 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.

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 136.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

The President announced that the Senate would stand in recess from 4:55 o'clock P.M. until 7:00 o'clock P.M. at which time the Senate would stand adjourned, pursu ant to SR 246, adopted previously, until 9:00 o'clock A.M. Friday, March 8.

FRIDAY, MARCH 8, 1985

2531

Senate Chamber, Atlanta, Georgia Friday, March 8, 1985
Fortieth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of the proceedings of Wednesday, March 6, had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 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 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 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.

2532

JOURNAL OF THE SENATE

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 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.

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 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.

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 provide that the proceeds of any bonds may be invested and reinvested in certificates of deposit.

The House has adopted by the requisite constitutional majority the following reso lutions of the Senate:

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.

FRIDAY, MARCH 8, 1985

2533

SR 190.

By Senator Fincher of the 54th:
A resolution expressing support for the resolution of certain issues re garding prisoners of war and missing in action in Southeast Asia.

The House has agreed to the Senate substitute to the following bills of the House:

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 885.

By Representatives Martin of the 60th, Barnett of the 10th, Colbert of the 23rd and others:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the composition of the Georgia Firefighter Training and Stan dards Council.

The House has agreed to the Senate amendment to the following bills of the House:

HB 59. By Representative Bray of the 91st:
A bill to amend Code Section 18-4-97 of the Official Code of Georgia Annotated, relating to payment of expenses incurred by garnishees in garnishment proceedings, so as to change the amount which the garnishee is entitled to deduct from funds paid into court.

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 252.

By Representatives Steinberg of the 46th, Johnson of the 72nd, Clark of the 13th 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 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.

2534

JOURNAL OF THE SENATE

HB 650.

By Representatives Reaves of the 147th, Long of the 142nd, Sherrod of the 143rd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relat ing to animals, so as to provide additional provisions for the control and eradication of brucellosis in cattle; to provide for definitions; to prohibit any person from transporting or causing to be transported into the State of Georgia any cattle unless certain conditions are met.

HB 919.

By Representatives Connell of the 87th, Wilson of the 20th, Murphy of the 18th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Offi cial Code of Georgia Annotated, relating to the University System of Georgia, so as to create the Georgia Eminent Scholars Endowment Trust Fund.

The House has agreed to the Senate substitute to the following bills of the House:

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 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.

HB 625.

By Representatives Copelan of the 106th, Greene of the 130th, Jamieson of the llth and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide for legislative intent; to provide the effective date of Acts affecting the compensation of certain county officers.

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-

FRIDAY, MARCH 8, 1985

2535

tain weapons not used in the commission of a crime or seized in the exe cution of a warrant.

HB 1029.

By Representative Ross of the 82nd:
A bill to abolish the present method of compensating the clerk of the Superior Court of Glascock County, known as the fee system; to provide in lieu thereof an annual salary pursuant to general law.

HB 1081.

By Representative Ross of the 82nd:
A bill to amend an Act placing the clerk of the superior court in Warren County on an annual salary, so as to provide for the compensation of the deputy clerk.

The House has agreed to the Senate amendments to the following bill of the House:

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.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 106.

By Representative McDonald of the 12th:
A resolution creating the Joint Study Committee on Superior Court Judgeships.

The House has agreed to the Senate substitute, to the House substitute, to the following resolution of the Senate:

SR 94. By Senator Scott of the 2nd:
A resolution creating the Joint Public Utility Rate-making Process Study Committee.

The House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:

2536

JOURNAL OF THE SENATE

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 Dublin Judicial Circuit by the counties comprising such circuit.

The following bill of the Senate was introduced, read the first time and referred to committee:

SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton so as to change the method of election of the members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

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 235. 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 72. HB 578. HB 837. HB 841. HB 878. HB 1009. HB 1035.

Do pass. Do pass. Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass by substitute.

HB 1088. HB 1091. HB 1094. HB 1095. HB 1098. HB 1099. HB 1101.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

FRIDAY, MARCH 8, 1985

2537

HB 1102. Do pass.

HB 872. Do pass. Respectfully submitted,
Senator Turner of the 8th District, Chairman

The following resolution of the Senate was read the second time:

SR 235.

By Senators Turner of the 8th, McKenzie of the 14th and Bowen of the 13th:
A resolution urging continuation of the General Revenue Sharing program.

The President called for the morning roll call, and the following Senators an swered to their names:

Albert Baldwin Barker Bond BBrraannntloeny
Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Dawkins English GGialrlinser
Greene Harris Hine Kennedy

Kidd McGill Perry ^ DRed,d,.lsh,
btarr Timmons Tolleson Walker

Those not answering were Senators:

Allgood Barnes Bowen Coverdell Deal Dean Engram Fincher Foster

Harrison Holloway Horton Howard Hudgins Huggins Land Langford McKenzie

Peevy Phillips Scott of 2nd Scott of 36th Stumbaugh Tate Trulock Turner Tysinger

Senator Phillips of the 9th introduced the chaplain of the day, Dr. Rick A. For rester, pastor of the First Baptist Church, Lilburn, Georgia, who offered scripture read ing and prayer.

The following resolutions of the Senate and House were read and adopted:

2538

JOURNAL OF THE SENATE

SR 247. By Senators Tate of the 38th and Hudgins of the 15th: A resolution commending Edward V. (Ed) Deaton.

SR 248. By Senators Timmons of the llth and Kennedy of the 4th: A resolution commending the Honorable Frank T. Bunch.

SR 249. By Senators Scott of the 2nd and Coleman of the 1st: A resolution expressing sorrow at the passing of Doris E. Roberts.

SR 250.

By Senators Scott of the 2nd, Burton of the 5th, Albert of the 23rd and Hudgins of the 15th:
A resolution relative to Children's Week in Georgia and "National Chil dren's Week".

SR 251. By Senator Hudgins of the 15th: A resolution commending Mr. M. A. Garr, Jr.

SR 252. By Senator Foster of the 50th: A resolution recognizing Mr. and Mrs. J. R. Rosser.

SR 253.

By Senators Coleman of the 1st, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution creating the Senate Transportation Study Committee.

SR 254.

By Senators Gillis of the 20th, Kennedy of the 4th, Ray of the 19th and others:
A resolution creating the Senate Study Committee on District Directors of County Departments of Family and Children Services.

SR 255. By Senator Barker of the 18th: A resolution in memory of Dr. James E. Outler.

SR 256. By Senators Garner of the 30th and Baldwin of the 29th: A resolution commending Horrie B. Duncan.

HR 406.

By Representative Russell of the 64th:
A resolution providing for recognition of a Georgia Homecoming in 1988.

FRIDAY, MARCH 8, 1985

2539

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 Friday, March 8, 1985
FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 72 Harrison, 37th Tolleson, 32nd Barnes, 33rd City of Marietta Cobb County
Amends Act reincorporating City of Marietta; changes corporate limits of city.

HB 578 Allgood, 22nd Albert, 23rd Richmond County
Continues constitutional amendment authorizing board of commissioners to assess and collect taxes.

HB 837 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th Cobb County
Amends Act creating Cobb Judicial Circuit; changes provisions relative to appointment and compensation of investigators.

*HB 841

Phillips, 9th Peevy, 48th Gwinnett County
Provides 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. (SUBSTITUTE)

*HB 878

Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd Burton, 5th
Makes provisions for Magistrate Court; provides for selection, qualifica-

2540

JOURNAL OF THE SENATE

tion, disqualifications, number, vacancies, and compensation of chief magistrate and magistrates; provides that certain minimum compensation laws shall not apply to magistrates of such court. (SUBSTITUTE)

HB 1009

Tolleson, 32nd Harrison, 37th Barnes, 33rd City of Marietta Cobb County
Amends Act reincorporating City of Marietta; so as to de-annex and ex clude certain property from city.

*HB 1035

Allgood, 22nd Albert, 23rd Richmond County
Amends Act establishing compensation of certain officials in said county; changes compensation of certain officials. (SUBSTITUTE)

HB 1088

Baldwin, 29th Heard County
Provides for election of members of Board of Education; provides for five education districts; provides for qualifications of members of board.

HB 1091

McGill, 24th Wilkes County
Provides homestead exemptions from Wilkes Co. school district ad valorem taxes; provides requirements to be eligible to claim such exemp tions; provides definitions.

HB 1094

Huggins, 53rd Fincher, 54th Catoosa County
Amends Act placing coroner on annual salary; increases salary of coro ner.

HB 1095

Bowen, 13th Dooly County
Amends Act creating board of commissioners; changes provisions relative to compensation of chairman and other members of said board of com missioners.

FRIDAY, MARCH 8, 1985

2541

HB 1098

McKenzie, 14th Taylor County
Amends Act changing number of members of county board of education; provides new education districts.

HB 1099

Brannon, 51st Gilmer County
Amends Act creating county commissioner and an advisory board; changes compensation of commissioner.

HB 1101

Reddish, 6th Wayne County
Continues amendment authorizing governing authority to levy tax not to exceed one-half mill for industrial development purposes.

HB 1102

Barker, 18th Houston County
Amends Act creating Houston Judicial Circuit; changes provisions relat ing to compensation and salary supplements of judges of Houston Judi cial Circuit.

HB 872 Allgood, 22nd Albert, 23rd Richmond County
Amends Act creating the Richmond County Sheriffs Merit System Board, so as to change the powers, duties and responsibilities of the Board.

The substitutes to the following bills were put upon their adoption:

*HB 841:
The Senate Committee on Urban and County Affairs offered the following substi tute to HB 841:
A BILL
To be entitled an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of resi dents of the Gwinnett County School District who are 65 years of age or over; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

2542

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the Gwinnett County School District who is 65 years of age or over and who meets the requirements of subsection (b) of this section is granted an exemption from all Gwinnett County School District ad valorem taxes, including but not limited to taxes to retire school bond indebtedness, for the full value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act.
(b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead for at least the immedi ately preceding 24 months and unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as provided otherwise in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax pur poses. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal So cial Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act and income from such sources in ex cess of such maximum amount shall be included as net income for the pur poses of this Act.
Section 2. The exemption granted by this Act shall not apply to or af fect any county taxes for county purposes, state taxes, or municipal taxes.
Section 3. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Gwinnett County School District ad valorem taxes.
Section 4. The exemption granted by this Act shall be claimed and re turned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1987, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the O.C.G.A. or pursuant to a constitutional amendment providing home stead exemptions from Gwinnett County ad valorem taxes (Ga. L. 1981, p. 1921) shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immedi ately preceding two years for either such exemption on the homestead for which an exemption may be granted by this Act.
Section 5. The tax commissioner of Gwinnett County shall provide ap plication forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption.
Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1986.

FRIDAY, MARCH 8, 1985

2543

Section 7. The exemption granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52, and unless otherwise expressly provided in this Act, all pro visions of general law which apply to that exemption shall apply to the ex emption granted by this Act.

Section 8. Not less than 30 nor more than 60 days prior to the date of the general election in 1986, it shall be the duty of the election superinten dent of Gwinnett County to issue the call for an election for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection. The superintendent shall set the date of such elec tion for the date of the general election in 1986. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Act providing an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of that district who are 65 years of age or over be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 7 shall become of full force and effect; otherwise they shall be void and of no force and effect.

The expense of such election shall be borne by Gwinnett County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the superintendent's further duty to certify the result thereof to the Secretary of State.

Section 9. 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.

*HB 878:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 878:

A BILL
To be entitled an Act to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacancies, and compensation of the chief magistrate and magis trates; to provide that certain minimum compensation laws shall not apply to magistrates of such court; to provide that the clerk of the State Court of

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JOURNAL OF THE SENATE

DeKalb County shall serve as the clerk of the magistrate court; to provide that the marshal and deputy marshals of the State Court of DeKalb County shall serve as chief constable and constables of the magistrate court; to pro vide for powers and duties; to provide for compensation; to provide for the imposition, collection, and disposition of costs to provide for funds for the county law library; to provide for construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) To be eligible for selection as chief magistrate or as a magistrate a person shall:
(1) Be an active member of the State Bar of Georgia;
(2) Have at least three years of experience as a judge, solicitor, or assistant solicitor of a state court or municipal court immediately preced ing such person's selection as chief magistrate or magistrate or have been engaged in the active public or private practice of law for a period of at least three years immediately preceding such selection;
(3) Be at least 27 years of age;
(4) Be a citizen and taxpayer of DeKalb County; and
(5) Have been a resident of the State of Georgia for at least two years immediately preceding selection as chief magistrate or magistrate.
(b) The chief magistrate and full-time magistrates shall be ineligible to hold any other public office during their terms of office as chief magistrate or magistrate, and their offices shall immediately become vacant upon their assumption of any other public office.
Section 2. The number of full-time and part-time magistrates shall be determined by the chief magistrate with the approval of a majority of the judges of the superior court of the Stone Mountain Judicial Circuit and shall also be subject to the budgetary limitations established by the board of commissioners of DeKalb County.
Section 3. (a) The chief magistrate shall receive an annual salary equal to the compensation now or hereafter paid to the clerk of the Superior Court of DeKalb County. Such compensation shall be paid in equal monthly in stallments from the funds of DeKalb County.
(b) Full-time magistrates shall receive an annual salary equal to 90 percent of the salary now or hereafter paid to the chief magistrate. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County.
(c) Part-time magistrates shall be compensated on an hourly basis for each hour actually spent in performing their duties. Such compensation shall be at an hourly rate which, if computed on a full-time basis, would be equal to the compensation paid to full-time magistrates.
(d) The minimum compensation provided for magistrates, other than

FRIDAY, MARCH 8, 1985

2545

the chief magistrate, by subsection (b) of Code Section 15-10-23 of the Offi cial Code of Georgia Annotated or any other general law of this state shall not apply to magistrates of the Magistrate Court of DeKalb County.
(e) The compensation of the chief magistrate, full-time magistrates, or part-time magistrates shall not be reduced during the term of office to which they are elected or appointed.
Section 4. The clerk of the State Court of DeKalb County shall serve as the clerk of the Magistrate Court of DeKalb County. While serving as clerk of the magistrate court, the clerk of the state court shall have and may exercise all of the powers and duties provided by law for clerks of magistrate courts.
Section 5. The marshal of the State Court of DeKalb County shall serve as chief constable of the Magistrate Court of DeKalb County. Deputy marshals of the State Court of DeKalb County shall serve as constables of the Magistrate Court of DeKalb County. While serving as constables, such persons shall have and may exercise all of the powers and duties provided by law for constables of magistrate courts. The compensation of such persons serving as constables, if any, shall be fixed by the governing authority of DeKalb County.
Section 6. In each action or case, except for criminal or quasi-criminal actions or cases, which is filed in the Magistrate Court of DeKalb County, a fee may be charged and collected, in addition to all other legal costs, for the purpose of providing funds for the maintenance and operation of the county law library of DeKalb County and for those uses specified in Code Section 36-15-7 of the O.C.G.A. and under the conditions specified in Code Section 36-15-9 of the O.C.G.A.
Section 7. The provisions of this Act shall not affect the term of office of any person who is in office as chief magistrate or magistrate of the Mag istrate Court of DeKalb County on July 1, 1985.
Section 8. This Act shall become effective on July 1, 1985.
Section 9. 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.

*HB 1035:

The Senate Committee on Urban and County Affairs offered the following substi tute to HB 1035:

2546

JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4642), so as to change the compensation of certain officials; to provide for the payment of such compensation; 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 establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4642), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The following officials of Richmond County, Geor gia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:
(1) Clerk of superior court and state court ............$ 30,576.00
(2) Judge of the probate court ...................... 34,971.00
(3) Tax commissioner .............................. 39,100.00
(4) Judge of the state court......................... 48,360.00
(5) Solicitor of the state court. ...................... 20,574.00
(6) Coroner ...................................... 18,781.00
(7) Judge of the civil court ......................... 38,067.00
(8) Associate judge of the civil court................. 36,347.00
(9) Chairman of the board of commissioners .......... 9,396.00
(10) Member of the board of commissioners. ........... 6,996.00
(11) District attorney ............................... 8,694.00 (12) Judge of the superior court...................... 11,781.00 (13) Sheriff. ....................................... 29,925.00

(b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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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:

Albert Baldwin Barnes Bond Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins English

Foster Gillis Greene Harris Harrison Hine Holloway Huggins Kennedy Kidd Langford McGill

McKenzie Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Brannon Brantley Coverdell Deal

Dean Engram Fincher Garner Horton Howard Hudgins

Land Peevy Perry Phillips Scott of 2nd Timmons Trulock

On the passage of all the local bills, the yeas were 35, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 841, HB 878 and HB 1035, having received the requisite constitutional majority, were passed.

HB 841, HB 878 and HB 1035, having received the requisite constitutional major ity, were passed by substitute.

SENATE RULES CALENDAR Friday, March 8, 1985
FORTIETH LEGISLATIVE DAY HB 665 Motor Vehicle Self-Insurers--qualifications (Ins--49th)

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HB 484 Health Planning Agency Rules--manner of adopting, implementing (Hum R--52nd)
HB 227 State Retirement System--adoption of rules and regulations by boards of trustees (SUBSTITUTE) (Ret--llth)
HB 120 Work-Release Programs--county prisoners (Off R--30th)
HB 658 Patient Cost of Care Act--persons liable for cost of care (Hum R--26th)
HB 695 Insurers Insolvency Pool--supervision by Commissioner (AMEND MENT) (Ins--55th)
HR 102 Georgia's Local Retirement System--relative to comparative analysis (Ret--llth)
HB 194 Municipal Elections--no funds from candidate to defray literature cost (Gov Op--39th)
HB 91 Indigent in Court With No Attorney--judge review pleadings before filing (SUBSTITUTE) (Judy--49th)
HB 832 Group Life Insurance Policy--change provisions on dependent cover age (Ins--55th)
HB 686 Inmates--prohibit use for purposes of private gain (Off R--19th)
HB 179 License Suspension for Failure to Respond to Citation--certain ex emptions (Trans--54th)
HB 747 Certain Insurance Premium Rates--time for filing with Insurance Commissioner (SUBSTITUTE) (Ins--55th)
HB 917 Hazardous Material Transportation Act--repeal and designate state agency (Nat R--53rd)
HB 483 Health Care Facility--reports of certain information to Health Plan ning Agency (SUBSTITUTE) (Hum R--52nd)
HB 653 Magistrate Courts Training Council Act--exempt certain magis trates (SUBSTITUTE) (Judy--49th)
HB 205 Antique Slot Machines--certain persons may own (AMEND MENT) (J&CL--31st)
HB 651 Magistrates--change provisions on restrictions on law practice (SUBSTITUTE) (Judy--5th)
HB 222 Firefighter Organization Advertising--provisions (Pub Saf--27th)
HB 82 Insurers--may invest in securities issued by African Development Bank (Ins--39th)
SR 226 Certain Trucks on Interstate--urge Department of Transportation allow until 4/1/88 (Trans--27th)
HB 539 Crime Information Center--modification of records (AMEND MENT) (J&CL--45th)
HB 614 Family Violence Relief--additional duties of court clerks (AMEND MENT) (J&CL--26th)
HB 710 Criminal Trespass--change provisions on definition (J&CL--42nd)
SR 229 President's Proposal to Cap Medicaid Expenditure Growth--urge Congress to reject (Rules--44th)

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HB 425 Joint Municipal Employees Retirement--part-time employment ben efits (Ret--llth)
Respectfully submitted,
/s/ A.W. Holloway Holloway of the 12th, Chairman Senate Rules Committee
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
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 House amendments were as follows:
Amendment No. 1:
Amend SB 62 by adding in the title on line 19 of Page 1, following the word "to", the following:
"exclude certain multilevel distribution companies; to".
By adding in Section 2 on line 14 of Page 3, following the word "na ture" and preceding the ".", the following:
"; provided, however, that this Code section shall not include a 'mul tilevel distribution company,' as defined in Code Section 10-1-510, which is operating in compliance with Code Section 10-1-511".
Amendment No. 2:
Amend SB 62 by adding a new paragraph between lines 26 and 27 to read as follows:
"Nor shall a lottery include any promotional activity involving the distribution of prizes (not including money) by lot or chance which activ ity is conducted by a charitable or eleemosynary organization or other bona fide nonprofit organization or unit thereof designed to promote a community or area thereof, which activity is licensed by the governing authority of the municipality or county in which it is conducted, as the case may be, and no part of the net profit from which inures to the bene fit of any individual, firm or corporation other than the licensee. No such activity may be licensed for the same organization more than twice in each year nor may the prize distribution activity be conducted for more than a consecutive three-day period under each license."

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Senator Broun of the 46th moved that the Senate agree to House amendment No. 1 and disagree to House amendment No. 2 to SB 62.

On the motion, 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 English Foster Gillis Greene Harris Harrison Hine Holloway Huggins Kennedy Kidd McGill

McKenzie Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Deal Dean Engram Fincher

Garner Horton Howard Hudgins Land

Langford Peevy Phillips Timmons

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to House amendment No. 1 and disagreed to House amendment No. 2 to SB 62.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 665.

By Representatives Groover of the 99th and Ware of the 77th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers with respect to financial responsibility and motor vehicle accidents, so as to change the provisions relating to qualifications for self-insurer.

Senate Sponsors: Senators Deal of the 49th and Hine of the 52nd.

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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 Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators Broun of 46th and Dawkins.

Those not voting were Senators:

Baldwin Dean Garner

Horton Howard Hudgins

Langford Timmons Walker

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Hine of the 52nd.

Senators Cobb of the 28th, Timmons of the llth and McKenzie of the 14th of fered the following substitute to HB 484:

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A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to amend Chapter 6 thereof so as to change the manner of adopting, promulgating, and implementing rules and regulations of the Health Planning Agency and to change certain legislative procedures relating thereto; to amend Chapter 8 of said Title 31 so as to change legislative purposes; to provide for definitions; to clarify state resi dency requirements for pregnant women seeking necessary emergency ser vices and to provide for obligations of hospitals with regard to such services; to provide for standards of indigency; to provide for health-care advisory officers and their powers and duties; to provide for hospital determinations and notifications concerning payment by certain programs and insurance of costs of care of pregnant women; to provide for determinations of indigency; to require counties to pay certain costs of care for their residents and pro vide for interest on unpaid bills; to provide for forms; to provide for obliga tions of pregnant women who receive services under this article; to provide liability for certain costs of care; to provide for notices and for failure to sign them; to provide for liability of fathers and certain other persons for costs of care; to provide for civil actions to recover certain costs of care and to challenge certain determinations; to provide for malpractice and civil lia bility; to provide for Department of Human Resources investigations, com pliance orders, civil and other penalties, and license suspension or revoca tion; to provide for duties of the commissioner of that department; to provide for rules and regulations; to provide for other rights and remedies; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (4) of subsection (b) of Code Section 31-6-21, regarding the functions of the health planning agency, and inserting in its place the following:
"(4) With the prior advice, comment, and recommendations of the policy council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and regulations sufficient to ad minister the provisions of this chapter including the certificate of need program;"
Section 2. Said title is further amended by adding following Code Sec tion 31-6-21 a new Code section to read as follows:
"31-6-21.1. (a) Rules of the planning agency shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' ex cept that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4.
(b) The planning agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the

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notice to each member of the Human Resources Committee of the Sen ate and each member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the planning agency at the end of such 30 day period. The planning agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors;
(2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-134;
(3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or
(4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection.
Nothing in this subsection shall prohibit the planning agency from adopt ing any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees.
(c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the planning agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from be ing adopted shall be deemed to have been withdrawn by the planning agency unless the agency, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be intro duced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolu tion is adopted by the branch of the General Assembly in which the reso lution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be

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disapproved and not adopted by the planning agency. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automati cally become adopted the day following adjournment sine die of that reg ular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the planning agency.
(d) Any rule or part thereof which is objected to by only one com mittee under subsection (b) of this Code section and which is adopted by the planning agency may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the planning agency in adopting a proposed rule over such objection so to notify the chairmen of the Human Resources Com mittee of the Senate and the Health and Ecology Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the Gen eral Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be sub mitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval.
(e) Except for emergency rules, no rule or part thereof adopted by the planning agency after this Code section becomes effective shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4.
(0 Emergency rules shall not be subject to the requirements of sub section (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any planning agency emergency rules, where those emer gency rules are intended to cover matters which had been dealt with by the agency's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted ex cept for one 120 day period. No emergency rule or part thereof which is adopted by the planning agency shall be valid unless adopted in compli ance with this subsection.
(g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule.

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(h) For purposes of this Code section, 'rules' shall mean rules and regulations."
Section 3. Said title is further amended by striking Article 2A of Chap ter 3 thereof, relating to hospital care for indigent pregnant women, and inserting in its place a new article to read as follows:
"ARTICLE 2A
31-8-40. The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disa bling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General As sembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that:
(1) No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;
(2) Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and
(3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to estab lish a general health insurance program for all pregnant indigent women.
31-8-41. As used in this article, the term:
(1) 'Cost of care' means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for ser vices rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hos pital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by the father of the child, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar fed eral, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respec tively, of the payment amount so received and exclude that amount from the definition of 'cost of care.' When a hospital renders care to a woman

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who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and cus tomarily provides that care, 'cost of care' means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the wo man's county of residence, unless there is more than one such hospital, in which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence.
(2) 'Hospital' means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3) 'Indigency' means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section 31-8-43.
(4) 'Patient' means a pregnant woman who receives services under this article.
(5) 'Resident of the county' means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19.
31-8-42. Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customa rily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information fur nished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, aller gies, previous births, general health information, and other such informa tion as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hos pital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented her self shall:
(1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the informa tion furnished the hospital by the pregnant woman, including such infor mation as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such in formation as the pregnant woman may furnish the hospital;
(2) Contact an appropriate receiving hospital and notify such hospi tal that the patient is in transit;
(3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's history and condition.

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The transfer shall not be authorized until the physician considers the pa tient sufficiently stabilized for transport.
31-8-43. (a) The commissioner of human resources shall adopt state wide standards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists upon the effective date of this subsec tion. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patient's cost of care if those pa tients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those stan dards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effective date of this subsection.
(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the gov erning authority of each county, by resolution, shall designate a person, to be known as the health-care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Code section. The health-care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to the commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health-care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be mailed to the commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health-care advisory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing authority shall be deemed to be such officer for purposes of this article.
(c) When a patient receives health care from a hospital or physician, which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims indigency, the chief ad ministrative officer of the hospital shall determine whether any portion of the cost of services may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determi nation to the health-care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief admin istrative officer of the hospital that an appropriate investigation has been made and that it has been determined that no portion of the cost of ser vices may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other gov ernmental or public agency pursuant to any federal, state, or local pro gram or a certification that an appropriate investigation has been made and that a portion of the cost of services may be paid from such sources. If it is determined that a portion of the cost of services may be paid from

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such sources, then the notification shall include a certification of the amount which may be so paid. Such notification shall also request a de termination of indigency of the patient. As soon as practicable after re ceiving such notification but not later than 60 days thereafter, the healthcare advisory officer of the county shall notify the chief administrative officer of the hospital of his determination. If the health-care advisory officer determines that the patient meets the indigency standards or if the health-care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by this subsection, the county of residence of the patient shall be liable for the payment of cost of care of such patient in each hospital rendering the emergency services. In such event, each hospital and physician providing the emergency health care for the patient may bill the county of residence of the patient for the amount of the patient's cost of care. It shall be the duty of the governing authority of such county to pay the hospital and physician that billed amount plus, if that billed amount is not paid by the county within 120 days after the mailing of a request for a determination of indigency, in terest on the billed amount at the rate specified in Code Section 48-2-40 for unpaid taxes.
(d) To the end that the certifications of indigency required by sub section (c) of this Code section may be expedited, it shall be the duty of each county health-care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent.
(e) It shall be the duty of the commissioner to devise such standard forms as may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health-care advisory officers, and hospitals to use the forms promulgated by the commissioner pursu ant to this subsection.
(f) To the extent practicable and consistent with appropriate health care, the commissioner and the health-care advisory officer shall en courage the use of hospitals located in the county of residence of the pregnant woman.
31-8-43.1. (a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to:
(1) Be liable to any county which pays all or any part of that pa tient's cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 per cent of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's pay ments for cost of care;
(2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient

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is eligible from a third party up to the amount actually paid and cooper ate with the county in obtaining any such benefits to repay the county;
(3) Cooperate with any county paying any part of that patient's cost of care in identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and
(4) Cooperate with any county paying any part of that patient's cost of care in applying and qualifying for the medical assistance program for the needy under Title XIX of the Social Security Act or any other fed eral, state, or local governmental program for which the patient may be eligible.
(b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground to deny the patient services otherwise re quired to be provided under this article unless the patient at the time of admission refuses to sign a document, in such form as the commissioner shall prescribe and provide, acknowledging notification that the patient's receiving services shall constitute an agreement to the terms of paragraphs (1) through (4) of subsection (a) of this Code section unless waived by the county health-care advisory officer.
(c) Except as provided in subsection (b) of this Code section, the father of a patient's child who is delivered by a hospital as required by this article and any other person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (e) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law.
(d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care.
(e) A county or any person aggrieved by any determination under this article that such county or person is liable for a patient's cost of care may bring a de novo civil action in superior court challenging that determination.
31-8-44. No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malprac tice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this arti-

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cle. No action shall be brought in connection with treatment rendered under this article without a specific allegation of gross negligence or will ful failure to comply.
31-8-45. If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief.
31-8-46. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall im mediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall im mediately order the hospital to comply with that Code section.
(b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources.
(d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article.
(e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are pro vided by or under any other law."
Section 4. Except for Section 3 of this Act, this Act shall become effec tive upon its approval by the Governor or upon its becoming law without his approval. Section 3 of this Act shall become effective on May 1, 1985, and shall apply to health-care services delivered on or after that date.
Section 5. 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.

FRIDAY, MARCH 8, 1985

2561

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 Coleman Coverdell Dawkins Deal English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins 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:

Brannon Dean

Huggins

Langford

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 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.
Senate Sponsor: Senator Timmons of the llth.

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The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W.M. Nixon, State Auditor

DATE:

February 15, 1985

SUBJECT: House Bill 227 Substitute (LC 7 6016S) State Retirement Systems

This Bill would provide for certain procedures and requirements relative to the adoption of rules and regulations by boards of trustees of state retirement or pension systems. The provisions would include procedures for giving notice of intended actions to interested parties, including members of the House and Senate standing committees on retirement, affording opportunities for filing opinions with the board of trustees, submission of adopted rules and regulations with the Secretary of State, and the pub lishing of adopted rules and regulations by the Secretary of State. These requirements and procedures would not be applicable to the Joint Municipal Employees Benefit System.

This Bill would also revise the current law governing retirement credit received for accumulated days of annual and sick leave for members of the Employees' Retirement System. These provisions are outlined below.
1. Members with at least six months of forfeited sick and annual leave at retire ment age may receive creditable service for the leave at the rate of one month's service for each 20 days of forfeited annual and sick leave.
2. For members who are in the classified service of the State Merit System, the accumulated days of sick and annual leave would be based on records where employers had maintained adequate records. Where records were not maintained, leave would be determined by the following:
(A) Compute the maximum earnable leave for the undocumented period.
(B) Compute the total leave taken during documented periods.
(C) Compute the average monthly leave taken during documented months by di viding the total documented leave taken by the number of documented months.
(D) Multiply the average monthly documented leave taken by the number of un documented months.

FRIDAY, MARCH 8, 1985

2563

(E) Subtract the total found in (D) from the maximum earnable leave in the un documented period.
3. For unclassified members, accumulated forfeited leave would be based on leave records. For members with 15 or more years of leave records available but additional undocumented periods, the amount of sick and annual leave that could be accumulated for retirement purposes for undocumented periods would be based on the method out lined in point 2 above.
4. For unclassified members with less than 15 years of leave records available, credit for undocumented periods of leave would be based on a one-year average amount of sick and annual leave accumulated by members in the classified service of the State Merit System. This one-year average would be based on a random, representative sam ple of those members in the classified service in calendar years 1979, 1980, and 1981. The average would be the difference between the average amount of sick and annual leave taken and the maximum number of days which may be accumulated in one year under regulations of the State Personnel Board. The resulting figures for sick and an nual leave would be added together and the total would be the amount of forfeited leave for each year of service that could be counted toward retirement credit. However, the determination of forfeited annual and sick leave shall be the lesser of the amounts calculated based on the average discussed above or the average of actual forfeited leave for which records are available.
5. Elected state officials would be prohibited from offsetting any annual or sick leave by any compensatory time.
6. Elected officials who maintain their own leave records would be required to make a sworn statement that the records are correct.
7. The maximum number of days of annual and sick leave which may be accumu lated in one year by unclassified members of the system would be in accordance with the rules and regulations of the State Personnel Board.
8. For members whose service includes classified and unclassified service, the certi fication of forfeited sick and annual leave would be based on the provisions applicable to each portion of service.
9. The system's Board of Trustees would be authorized to adopt rules and regula tions for administering the provisions of this Bill.
This is to certify that this is a non-fiscal retirement bill.
/s/ W. M. Nixon State Auditor

The Senate Committee on Retirement offered the following substitute to HB 227:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide procedures and require ments relative to the adoption of rules and regulations by boards of trustees of state retirement or pension systems; to provide for other matters relative

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to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to public retirement, a new Code Section 47-110 to read as follows:
"47-1-10. (a) As used in this Code section, the term:
(1) 'Board of trustees' means the board of trustees or other adminis trative body or agency charged with the duty of administering any public retirement or pension system created by this title, except the board of trustees of the Joint Municipal Employees Benefit System provided for by Chapter 5 of this title.
(2) 'Employer' means a state department, official, or agency of the state or a local board of education, local elected official, or a local politi cal subdivision which employs members.
(3) 'Member' means a member of a public retirement or pension system created by this title.
(4) 'Member organization' means any association of public employ ees or officials whose membership consists primarily of members of a public retirement or pension system created by this title.
(5) 'Rule' means any rule or regulation adopted by a board of trust ees for the administration or to aid in the administration of a public re tirement or pension system created by this title, except rules or regula tions governing or relating to the investment of the funds or assets of any such retirement or pension system by any such board of trustees.
(6) 'Small retirement system' means any public retirement or pen sion system created by this title which has less than 200 members.
(b) Prior to the adoption, amendment, or repeal of any rule, a board of trustees shall:
(1) Give at least 30 days' notice of the intended action. The notice shall include an exact copy of the proposed rule, the date on which the board of trustees will consider the adoption of the rule, and the time and place where the board of trustees shall meet for such purpose. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment to or repeal of an existing rule, the existing rule shall be clearly identified. The notice shall be mailed to all members of the respective retirement or pension system who have requested in writing to the board of trustees to be placed on a mailing list for proposed rules, provided that such mailing list shall not exceed 200 such members. If more than 200 members re quest to be placed on such mailing list, the board of trustees shall confine the list to the first 200 members making written request to the board of trustees to be placed on the mailing list. The board of trustees of any

FRIDAY, MARCH 8, 1985

2565

small retirement system may, at its discretion, mail the notice to all members. The notice shall also be mailed to employers and to member organizations of the respective public retirement or pension systems. Em ployers shall post such notices on bulletin boards for their respective em ployees and shall otherwise take reasonable steps to assure that members of the respective retirement or pension systems are made aware of the notice; and
(2) Afford members of the retirement or pension system affected by the proposed rule a reasonable opportunity to submit to the board of trustees, in writing, data, views, or arguments relative to the proposed rule. Any such submissions received by the board of trustees prior to the adoption of the proposed rule shall be considered by the board of trustees.
(c) At the time of the distribution of the notices required by para graph (1) of subsection (b) of this Code section, the respective boards of trustees shall transmit a copy of such notices to each member of the House and Senate standing committees on retirement for review by such committees. If, prior to the adoption of the rule by the respective board of trustees, the chairman of either such committee notifies such board of trustees that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of such board of trustees to consult with the committee prior to the adoption of the rule.
(d) If a board of trustees finds that the immediate adoption of a rule is necessary to secure or protect the interests of the members of its re spective public retirement or pension system, such rule may be adopted on an emergency basis without following the procedures required by this Code section. In that event, the board of trustees 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 on an emergency basis. Any rule 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 is not precluded.
(e) (1) By not later than January 1, 1986, each board of trustees shall file with the Secretary of State a certified copy of all rules which were adopted by such board of trustees during the period beginning on January 1, 1979, and ending on July 1, 1985. Any rule adopted by a board of trustees during such period which is not filed with the Secretary of State by January 1, 1986, shall be void and of no force and effect after January 1, 1986. It shall not be necessary for rules adopted by boards of trustees prior to January 1, 1979, to be filed with the Secretary of State and such rules shall continue in force and effect until repealed by the respective boards of trustees, but if any such rule is amended on or after July 1, 1985, the original rule as amended shall be filed with the Secre tary of State.
(2) Except pursuant to the authority of subsection (d) of this Code section, each rule adopted by a board of trustees on or after July 1, 1985, shall not become effective until the expiration of at least 20 days after an

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original and two copies of the rule are filed in the office of the Secretary of State.
(3) Rules which are required to be filed with the Secretary of State by paragraphs (1) and (2) of this subsection shall contain a citation of the authority pursuant to which the rules were adopted and, when ex isting rules are amended, the filings required by this subsection shall clearly identify the existing rules. The Secretary of State shall endorse on each filing required by this subsection the time and date of the filing and shall maintain a file of the rules for public inspection. The provisions of this subsection relative to rules adopted on or after July 1, 1985, shall not be construed to require a rule to go into effect 20 days after filing with the Secretary of State if the rule, by its own terms, provides for a later effective date. Rules filed with the Secretary of State pursuant to this subsection 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."
Section 2. This Act shall become effective on July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

March 1, 1985

SUBJECT: House Bill 227 Substitute (LC 7 6057S) State Retirement System

This Bill would provide for certain procedures and requirements rela tive to the adoption of rules and regulations by boards of trustees of state retirement or pension systems except the Board of Trustees of the Joint Mu nicipal Employees Benefit System. Rules and regulations concerning the in vestment of the funds or assets of state retirement or pension systems are also exempt. The provisions would include procedures for giving notice of intended actions to interested parties, including members of the House and Senate standing committees on retirement, affording opportunities for filing opinions with the board of trustees and holding hearings, submission of adopted rules and regulations with the Secretary of State by not later than

FRIDAY, MARCH 8, 1985

2567

January 1, 1986, and the publishing of adopted rules and regulations by the Secretary of State.
This is to certify that this is a non-fiscal retirement bill.
/s/ W. M. Nixon State Auditor

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 Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land 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:

Barnes Bowen Brannon

Bryant Dean Hine

Langford McKenzie

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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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.
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 Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal English

Fincher Garner Gillis Greene Harrison Mine Horton Howard Hudgins 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:

Brannon Cobb Dawkins

Dean Engram Foster

Harris Holloway Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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

FRIDAY, MARCH 8, 1985

2569

the definition of "persons liable for cost of care"; to change the provisions relating to assessment of persons liable for cost of care.
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 Bond Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal
English

Fincher
Foster Garner Gillis
Greene Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Barnes Bowen Brannon Cobb

Dean Engram Harris Holloway

McKenzie Timmons Walker

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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HB 695.

By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th and Greer of the 39th:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following amendment:

Amend HB 695 by striking line 16 of Page 1 in its entirety and in serting in lieu thereof the following:
"the Insurers Solvency Board; to provide an effective date; to pro vide for applicability; to repeal conflicting laws; and".
By striking lines 1 and 2 of Page 8 in their entirety and inserting in lieu thereof the following:
"Section 9. This Act shall become effective on July 1, 1985, and shall be applicable to all insolvencies occurring on or after July 1, 1985.
Section 10. All laws and parts of laws in conflict with this Act are repealed."

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 Brantley
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Fincher Foster Garner
Gillis Harrison Hine Horton Howard Hudgins Huggins

Kidd Land Langford McGill Perry Phillips
Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons

Tolleson Trulock

FRIDAY, MARCH 8, 1985

2571

Turner

Tysinger

Those not voting were Senators:

Barnes Bowen Brannon Cobb
Engram

Greene Harris
Holloway Kennedy (presiding)

McKenzie Peevy Scott of 36th Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

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 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.

Senator Starr of the 44th moved that the Senate adhere to the Senate amendment to HB 4, and that a Conference Committee be appointed.

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On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 4.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Kennedy of the 4th, Holloway of the 12th and Starr of the 44th.

The following general resolution and bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 102.

By Representative Childs of the 53rd: A resolution relative to a comparative analysis of Georgia's local retire ment systems.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

February 13, 1985

SUBJECT: House Resolution 102 (LC 7 5940) Local Retirement Systems

This resolution would request that the Legislative Services Committee consider the feasibility of contracting with the Institute of Government of the University of Georgia to obtain a comparative analysis of the retirement systems of the political subdivisions of this state. The resolution would fur ther authorize the committee to enter into a contract for this purpose if it determines that such an analysis would be of substantial value and interest to the General Assembly.

This is to certify that this is not a retirement bill under the provisions

FRIDAY, MARCH 8, 1985

2573

of the Public Retirement Systems Standards Law (House Bill 219--1983 Session).
/s/ W. M. Nixon State Auditor

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 Bond Bowen 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 Howard Huggins Kidd Land Langford 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:

Baldwin Barker Barnes Brannon

Dean Horton Hudgins

Kennedy (presiding) McGill Phillips

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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-

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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.
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
Bond Bowen Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal English

Engram Fincher Foster
Gillis Greene Harris
Hine Horton Howard 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 voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Barker Barnes Brannon

Dean Garner Harrison

Holloway Hudgins Kennedy (presiding)

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 8, 1985

2575

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 91:

A BILL
To be entitled an Act 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 complaint or other initial pleadings shall be assigned to and reviewed by a judge of the court prior to filing; to provide that, if the complaint or other initial pleading shows on its face such a complete absence of any justiciable issue of law or fact that it can not be reasonably believed that the court could grant any relief in the matter, then the judge shall enter an order denying filing of the pleading; to provide for other matters related to the foregoing; 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. Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court costs, is amended by adding at the end of Code Sec tion 9-15-2, relating to affidavits of indigence by parties unable to pay costs, a new subsection (d) to read as follows:
"(d) When a civil action is presented for filing under this Code sec tion by a party who is not represented by an attorney, the clerk of court shall not file the matter but shall present the complaint or other initial pleading to a judge of the court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a com plete absence of any justiciable issue of law or fact that it can not be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order denying filing of the pleading. If the judge does not so find, then the judge shall enter an order allowing filing and shall return the pleading to the clerk for filing as in other cases. An order denying filing shall be appealable in the same manner as an order dismissing an action."
Section 2. This Act shall become effective July 1, 1985. The provisions of this Act shall apply to actions filed or presented for filing on or after July 1, 1985.

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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 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 Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd

McGill Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Barker Barnes Bowen Brannon Dean

Fincher Hudgins Kennedy (presiding) Land

McKenzie Phillips Timmons Tysinger

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

FRIDAY, MARCH 8, 1985

2577

Mr. President:

The House adheres to its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

The Speaker has appointed on the part of the House, Representatives Lane of the 27th, Childers of the 15th and Chambless of the 133rd.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 832.

By Representative Watson of the 114th:
A bill to amend Code Section 33-27-2 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to change the provisions relating to coverage for dependents.
Senate Sponsor: Senator Stumbaugh of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dawkins Deal English Engram Fincher Foster Gillis Greene Harris Harrison Hine

Holloway Horton Howard Huggins Kidd Langford McGill McKenzie Peevy Perry Ray Reddish

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Scott of 2nd Scott of 36th Stumbaugh

Tate Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon Dean

Garner Hudgins Kennedy (presiding) Land

Phillips Starr Timmons

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 686.

By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting penal institutions, so as to prohibit the use of inmates for purposes of private gain to any indi vidual; to prohibit the release of inmates for fraternization with custodians.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Howard

Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh

FRIDAY, MARCH 8, 1985

2579

Tate Tolleson

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon

Harris Hudgins Kennedy (presiding)

Scott of 2nd Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1117.

By Representative Jackson of the 65th:
A bill to amend an Act placing the compensation of the clerk of the Superior Court, the judge of the Probate Court, and the coroner of Walton County on a salary basis in lieu of a fee basis, so as to provide the compensation of the coroner of Walton County.

The House has passed by the requisite constitutional majority the following bills of the Senate:

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.

SB 276.

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 compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

2580

JOURNAL OF THE SENATE

SB 287.

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 providing a new charter for the City of Powder Springs, as amended, so as to provide for powers and duties of the mayor.

SB 288.

By Senators Stiimbaugh of the 55th, Howard of the 42nd, Walker of the 43rd and Burton 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 providing that the Gen eral Assembly shall have authority to create and establish districts from which the members of the DeKalb County Board of Education shall be elected and to provide the manner of elections; to provide the authority for this Act.

SB 289. By Senators Stumbaugh of the 55th, Howard of the 42nd, Walker of the 43rd and Burton 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 directing the county au thorities of DeKalb County to levy a tax not exceeding one mill for edu cational purposes; to provide the authority for this Act.

The House adheres to its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Bargeron of the 108th, Bray of the 91st and Moultrie of the 93rd.

The House adheres to its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

FRIDAY, MARCH 8, 1985

2581

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.

The Speaker has appointed on the part of the House, Representatives Evans of the 84th, Groover of the 99th and Chambless of the 133rd.

The House has appointed a Committee of Conference on the following bill of the Senate:

SB 272. By Senators Bryant of the 3rd and Reddish of the 6th:
A bill to amend an Act placing the sheriff of Glynn County on an annual salary, as amended, so as to change the provisions relating to automobiles for the sheriffs office.

The Speaker has appointed on the part of the House, Representatives Auten of the 156th, Ramsey of the 155th and Greene of the 130th.

The House has appointed a Committee of Conference on the following bill 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 Speaker has appointed on the part of the House, Representatives Alford of the 57th, Coleman of the 118th and Groover of the 99th.

The House has disagreed to the Senate substitute to the following bill of the House:

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.

2582

JOURNAL OF THE SENATE

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:

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.

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Aaron of the 56th, Childs of the 53rd and Dixon of the 151st.

The President resumed the Chair.

The following bill of the House was read the first time and referred to committee:

HB 1117. By Representative Jackson of the 65th:
A bill to amend an Act placing the compensation of the clerk of the Superior Court, the judge of the Probate Court, and the coroner of Walton County on a salary basis in lieu of a fee basis, so as to provide the compensation of the coroner of Walton County.
Referred to Committee on Urban and County Affairs.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

FRIDAY, MARCH 8, 1985

2583

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.

The Conference Committee report on HB 226 was as follows:
The Committee of Conference on HB 226 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 226 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ A.L. Burruss Representative, 20th District
/s/ L.L. "Pete" Phillips Representative, 120th District

Conference Committee substitute to HB 226:

A BILL
To be entitled an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, po litical subdivisions and for all other governmental activities, projects and un dertakings authorized by law, and for all leases, contracts, agreements, and grants authorizd by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1985, and ending June 30, 1986, as pre-

2584

JOURNAL OF THE SENATE

scribed hereinafter for such fiscal year, from funds from the Federal Gov ernment, and the General Funds of the State including unappropriated sur plus and a revenue estimate of $4,838,000,000 for State fiscal year 1986.
PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch.
Budget Unit: Legislative Branch............ $ Personal Services - Staff .................. $ Personal Services - Elected
Officials............................... $ Regular Operating Expenses ............... $ Travel - Staff. ........................... $ Travel - Elected Officials .................. $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and
Contracts - Staff ....................... $ Per Diem, Fees and
Contracts - Elected Officials ............. $ Postage .................................$ Photography............................. $ Expense Reimbursement Account........... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $

18,308,851 7,827,921
2,380,108 1,656,924
125,200 --0-- --0--
533,000 464,022 586,684 62,211 600,803
540,690
1,719,896 63,592 65,000
1,132,800 550,000
18,308,851 18,308,851

Senate Functional Budgets
Total Funds Senate and Research Office ........ $ 3,222,412 Lt. Governor's Office.............. $ 363,856 Secretary of the
Senate's Office ................. $ 900,417 Total ........................... $ 4,486,685

State Funds $ 3,222,412 $ 363,856
$ 900,417 $ 4,486,685

House Functional Budgets
Total Funds House of Representatives
and Research Office............. $ 7,043,155 Speaker of the
House's Office.................. $ 233,881 Clerk of the
House's Office.................. $ 988,901

State Funds $ 7,043,155 $ 233,881 $ 988,901

FRIDAY, MARCH 8, 1985

2585

Total ........................... $ 8,265,937

$ 8,265,937

Joint Functional Budgets
Total Funds Legislative Counsel's
Office ......................... $ 2,228,767 Legislative Fiscal Office ........... $ 1,531,242 Legislative Budget Office .......... $ 720,594 Ancillary Activities ............... $ 1,075,626 Total ........................... $ 5,556,229

State Funds
$ 2,228,767 $ 1,531,242 $ 720,594 $ 1,075,626 $ 5,556,229

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; provided, how ever, before the Legislative Services Committee autho rizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legis lative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legis lative Educational Research Council and for the Legisla tive Fiscal Office; for compiling, publishing and distribut ing 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 Assembly; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presiden tial Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and

2586

JOURNAL OF THE SENATE

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 .

$

Operations Budget:
Personal Services .................. ....... $ Regular Operating Expenses ........ ....... $ Travel ........................... ....... $ Motor Vehicle Purchases ........... ....... $ Publications and Printing ........... ....... $ Equipment Purchases .............. ....... $ Real Estate Rentals ............... ....... $ Computer Charges ................ ....... $ Telecommunications ............... ....... $ Total Funds Budgeted ............. ....... $ State Funds Budgeted ............. ....... $ Total Positions Budgeted Authorized Motor Vehicles

7,429,771
7,799,581 206,279 598,000 48,000 25,500 10,000 238,490 103,000 54,000
9,082,850 7,429,771
205 37

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court

..... $ 3,174,486

Section 4. Court of Appeals. Budget Unit: Court of Appeals .

3,606,414

FRIDAY, MARCH 8, 1985

2587

Section 5. Superior Courts.

Budget Unit: Superior Courts .............. $ 27,572,779

Operation of the Courts ................... $ Prosecuting Attorneys' Council ............. $ Sentence Review Panel.................... $ Council of Superior
Court Judges .......................... $ Judicial Administrative
Districts .............................. $ Habeas Corpus Clerk ..................... $

26,251,452 538,924 114,778
51,378
609,002 7,245

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts .............. $

188,462

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education...................... $
Institute's Operations ..................... $ Georgia Magistrate Courts
Training Council ....................... $

280,912 263,500
17,412

Section 8. Judicial Council.
Budget Unit: Judicial Council.............. $
Council Operations ....................... $ Payments to Judicial
Administrative Districts for Case Counting ......................... $ Board of Court Reporting ................. $

632,621 544,486
67,100 21,035

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ........................... $

104,325

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

2588

JOURNAL OF THE SENATE

A. Budget Unit: Department of Administrative Services ................. $ 37,874,554

Administrative Services Budget:

Personal Services ......................... $ 30,664,526

Regular Operating Expenses ............... $ 7,187,813

Travel ..................................$ 186,613

Motor Vehicle

Equipment Purchases ................... $ 378,330

Publications and Printing .................. $ 266,901

Equipment Purchases ..................... $ 1,015,498

Computer Charges ....................... $ 7,369,431

Real Estate Rentals ...................... $ 2,802,692

Telecommunications ...................... $ 500,011

Per Diem, Fees and Contracts ............. $ 511,381

Rents and Maintenance Expense ........... $ 20,041,264

Utilities .................................$

32,700

Unemployment Compensation

Reserve ...............................$

11,552

State of Georgia General

Obligation Debt Sinking Fund ........... $

--0--

Payments to DOAS

Fiscal Administration ................... $ 1,845,140

Direct Payments to Georgia

Building Authority for

Capital Outlay ......................... $ 294,032

Direct Payments to Georgia

Building Authority for

Authority Lease Rentals ................ $ 855,968

Direct Payments to Georgia

Building Authority for

Operations ............................ $ 695,103

Telephone Billings ........................ $ 29,292,784

Materials for Resale ...................... $ 8,636,000

Public Safety Officers

Indemnity Fund........................ $ 608,800

Health Planning Review

Board Operations ...................... $

55,000

Georgia Golf Hall of

Fame Operations ....................... $

30,000

Unemployment Compensation

Payments ............................. $ 2,000,000

Total Funds Budgeted .................... $ 115,281,539

State Funds Budgeted .................... $ 37,874,554

Total Positions Budgeted

1,003

Authorized Motor Vehicles

300

Department of Administrative Services Functional Budgets

Total Funds State Properties
Commission .......... $ 328,502

State Funds

Pos.

$ 328,502

6

FRIDAY, MARCH 8, 1985

2589

Departmental

Administration........ $ 3,732,755

Treasury and Fiscal

Administration........ $ 10,579,339

Central Supply

Administration........ $ 8,467,852

Procurement

Administration........ $ 2,267,127

General Services

Administration........ $ 494,112

Space Management

Administration........ $ 442,971

Data Processing Services . $ 45,240,082

Motor Pool Services ..... $ 2,260,945

Communication Services.. $ 33,930,255

Printing Services ........ $ 4,740,892

Surplus Property Services. $ 1,316,424

Mail and Courier Services $ 349,232

Risk Management Services $ 1,131,051

Undistributed ........... $

--0--

Total ..................$ 115,281,539

$ 3,732,755

42

$ 8,734,199

30

$

--0--

19

$ 2,267,127

52

$

--0--

11

$ 442,971

12

$ 16,369,000 541

$

--0--

24

$ 6,000,000

120

$

--0--

69

$

--0--

40

$

--0--

10

$

--0--

27

$

--0--

0

$ 37,874,554 1,003

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

14,842,173 3,353,461
4,000 34,600 30,000 94,860 --0-- 46,296 84,679 120,000 500,000 855,968 6,953,164
--0--
--0-- 26,919,201
--0-- 542 39

Section 11. Department of Agriculture.
A. Budget Unit: Department of Agriculture....................

.. $ 26,498,222

2590

JOURNAL OF THE SENATE

State Operations Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Market Bulletin Postage .................. $ Payments to Athens and Tifton
Veterinary Laboratories ................. $ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton ................... $ Veterinary Fees .......................... $ Indemnities.............................. $ Bee Indemnities .......................... $ Advertising Contract...................... $ Payments to Georgia Agrirama Development Authority for Operations ............................ $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets. .................... $ Contract - Federation of Southern Cooperatives .................. $ Tick Control Program .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

23,536,508 2,178,472
848,358
236,313 529,546 139,216 170,000 598,167 350,557 272,910 520,500
1,804,209
1,313,370 639,750 58,000 50,000 95,000
305,939
285,000
60,000 50,000 34,041,815 26,498,222
910 271

Department of Agriculture Functional Budgets

Total Funds

Plant Industry .......... $ 4,925,110

Animal Industry ........

5,836,851

Marketing..............

1,730,888

General Field Forces.....

2,755,363

Internal Administration . .

3,145,916

Information and Education

1,134,847

Fuel and Measures ......

1,992,837

Consumer Services ......

946,710

Consumer Protection

Field Forces ..........

4,230,350

Meat Inspection.........

3,600,113

State Funds

Pos.

$ 4,370,822

171

5,469,964

62

1,722,888

43

2,755,363

107

3,038,515

55

1,134,847

8

1,987,837

71

946,710

27

3,305,659 130 1,452,943 122

FRIDAY, MARCH 8, 1985

2591

Major Markets ......... $ Seed Technology ........ $ Undistributed ........... $ Total ..................$

3,466,341 276,489 --0--
34,041,815

$ 312,674

106

$

--0--

8

$

--0--

0

$ 26,498,222 910

B. Budget Unit: Georgia Agrirama Development Authority.................. $

--0--

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

515,282 116,592
6,720 --0-- 12,917 9,552 ---0-- --0-- 6,972 24,250 137,000 85,674 914,959 305,939
28

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

4,339,157
3,502,750 168,715 255,000 92,300 14,300 4,900 116,200 146,000 36,992 2,000
4,339,157 4,339,157
102 28

Section 13. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs ..................... $

5,748,703

2592

JOURNAL OF THE SENATE

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. ................. $ Technical Assistance
to S.D.A. ............................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

4,036,325 135,040 187,900 24,000 70,025 7,072 21,000 205,692 84,900 84,430 50,000
1,282,500 347,000
83,320
35,900,000
1,000,000 --0--
150,000
380,000
-044,049,204
5,748,703 106 7

Department of Community Affairs Functional Budgets

Total Funds

Executive and

Administrative ........ $ 2,861,431

Technical Assistance..... $ 2,244,693

Community and Economic

Development.......... $ 37,842,419

Intergovernmental

Assistance............ $ 960,648

Job Training

Partnership Act ....... $ 140,013

Undistributed ........... $

--0--

Total .................. $ 44,049,204

State Funds

Pos.

$ 2,805,931

18

$ 1,049,994

29

$ 1,136,394

38

$ 756,384

18

$

--0--

3

$

--0--

0

$ 5,748,703

106

B. Budget Unit: Authorities .................. $

--0--

Operations Budget:

Personal Services......................... $ 2,530,628

FRIDAY, MARCH 8, 1985

2593

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

332,004 79,379 84,842 64,121 76,302 40,865 164,062 74,253 163,555 11,500,000 500,000 15,610,011 --0--
87 37

Authorities Functional Budgets

Total Funds

Georgia Residential

Finance Authority ..... $ 15,230,011

Georgia Development

Authority ............ $ 380,000

Undistributed........... $

--0--

Total .................. $ 15,610,011

State Funds

Pos.

$

--0--

81

$

--0--

6

$

--0--

0

$

--0--

87

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

7,635,281
6,929,109 366,041 184,400 68,400 158,716 98,458 198,514 469,325 120,412 31,250
8,624,625 7,635,281
254 57

Office of Comptroller General Functional Budgets

Total Funds Internal Administration . . $ 1,265,157

State Funds

Pos.

$ 1,265,157

22

2594

JOURNAL OF THE SENATE

Insurance Regulation .... $ Industrial Loans
Regulation ...........$ Information and
Enforcement. .........$ Fire Safety and Mobile
Home Regulations .....$ Undistributed........... $ Total ..................$

1,947,045
516,234
1,431,518
3,464,671 ---0--
8,624,625

$ 1,841,051

56

$ 516,234

13

$ 1,431,518

45

$ 2,581,321

118

$

--0--

0

$ 7,635,281

254

Section 15. Department of Defense.

Budget Unit: Department of Defense........ $ 3,440,850

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 .................................$ Grants to Locals--
EMA (P&A) M/S ..................... $ Grants - Others .......................... $ Georgia Military Institute Grant ........... $ Civil Air Patrol Contract.................. $ Capital Outlay........................... $ Grants to Armories....................... $ Repairs and Renovations .................. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

5,669,303 1,602,391
60,320 16,800 40,667 132,142 8,986 6,160 70,258 137,000 1,536,880
1,160,025 62,282 18,000 42,000 10,000 477,500 63,000
11,113,714 3,440,850
219 20

Department of Defense Functional Budgets

Total Funds

Office of the

Adjutant General...... $ 2,074,499

Georgia Emergency

Management Agency .. $ 1,895,381

Georgia Air

National Guard ....... $ 2,745,657

Georgia Army

National Guard ....... $ Undistributed ........... $

4,398,177 -0-

State Funds

Pos.

$ 844,468

22

$ 666,709

39

$ 362,398

69

1,56-7,027-5

89 0

FRIDAY, MARCH 8, 1985

2595

Total .................. $ 11,113,714

$ 3,440,850 219

Section 16. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ...... $1,845,528,632

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 .................................$

21,203,196 2,049,230
977,915 ---0--
618,940 132,295 1,318,605 2,016,185 566,625 6,872,973 53,485

APEG Grants:

Salaries of Instructional Personnel Code Section 20-2-157(a)..... $ 762,889,231
Salaries of Instructional Personnel Code Section 20-2-152 ............................ $ 134,214,745
Salaries of Instructional Personnel Code Section 20-2-153 ............................ $ 74,645,607
Salaries of Student Supportive Personnel.................. $ 33,364,544
Salaries of Administrative and Supervisory Personnel ........................... $ 87,761,713
Special Education Leadership Personnel ................. $ 3,824,472
Instructional Media..................... $ 20,567,706 Instructional Equipment................. $ 717,192 Maintenance and Operation. ............. $ 102,288,124 Sick and Personal Leave ................ $ 5,717,971 Travel ................................$ 1,051,882 Pupil Transportation ...................... $ 92,704,476 Isolated Schools .......................... $ 673,600

Non-APEG Grants:

Education of Children of Low-Income Families ................. $ 78,364,380
Teacher Retirement .................... $ 153,975,458
Instructional Services for the Handicapped ..................... $ 22,688,125

2596

JOURNAL OF THE SENATE

Preparation of Professional

Personnel in Education

of Handicapped Children .............. $

--0--

Tuition for the Multi-

handicapped ......................... $ 1,487,504

Severely Emotionally

Disturbed ........................... $ 20,196,850

Compensatory Education ................ $ 18,601,401

School Lunch (Fed.).................... $ 110,667,400

School Lunch (State) ................... $ 19,515,543

Innovative Programs .................... $ 288,000

Staff Development...................... $ 800,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification ................... $ 4,896,326

Cooperative Educational

Service Areas ........................ $ 4,905,626

Superintendents Salaries. ................ $ 6,220,178

High School Program ................... $ 34,522,229

Area School Program ................... $ 67,415,256

Education Technology

Grants.............................. $ 1,000,000

Junior College Program ................. $ 2,251,961

Governor's Scholarship .................. $ 250,000

Quick Start ........................... $ 2,800,000

Special Projects ........................ $

--0--

Job Training and

Partnership Act ...................... $ 7,000,000

Vocational Research and

Curriculum.......................... $ 366,540

Adult Education ....................... $ 3,274,741

Salaries and Travel of

Public Librarians..................... $ 6,228,412

Public Library Materials ................ $ 3,839,970

Talking Book Centers ................... $ 674,405

Public Library M&O.................$ 2,985,849

Public Library Construction ............. $

--0--

Instructional Aides ..................... $ 10,407,037

Teacher Health Insurance ............... $ 47,380,958

Health Insurance--Non

Certificated Personnel................. $ 21,624,000

Teacher Health Insurance--

Retired Teachers ..................... $ 7,807,000

Capital Outlay ......................... $

--0--

Grants to Local School

Systems for Educational

Purposes ............................ $ 78,000,000

Area Vocational-Technical

School Construction .................. $ 250,000

Salaries of Extended

Pre-School Personnel..................$

--0-

Child Care Lunch

Program (Federal) ................... $ 13,500,000

FRIDAY, MARCH 8, 1985
Chapter II--Block Grant Flow Through .........
Total Funds Budgeted ... Indirect DOAS Services
Funding .............. State Funds Budgeted .... Total Positions Authorized Authorized Motor Vehicles

2597
$ 8,702,656 $2,119,118,517
$ 340,000 $1,845,528,632
665 6

Education Functional Budgets

Total Funds

Instructional Services . . . . $ 6,915,106

Governor's Honors

. $ 806,807

Vocational Education . . . . $ 5,201,130

Public Library

Services ............. . $ 1,719,770

State Administration .... . $ 2,024,170

Administrative Services . . $ 9,837,547

Planning and

Development ......... . $ 8,524,978

Professional Standards

Commission ......... . $ 177,750

Vocational Advisory

Council ............. . $

153,712

Professional Practices

Commission ......... . $ 448,479

Local Programs ........ . $2,083,309,068

Undistributed .......... . $

-0-

Total ................. . $2,119,118,517

State Funds

Pos.

$ 4,105,300

168

$ 791,807

2

$ 3,048,512

98

$ 778,574

42

$ 1,615,715

31

$ 6,036,699

210

$ 7,664,992

102

$ 177,750

3

2

$ 448,479

7

$1,820,860,804

0

$

-0-

7

$1,845,528,632 665

B. Budeet Unit: Institiitions ............. ..... $ 19.016.030

Institutional Operations:

Personal Services. .................... $

Regular Operating Travel ..........

.................... $

Motor Vehicle Equ snt Purchases ....... $

Publications and Printinng .................. $

Equipment Purchases . .................... $

Computer Charges . . .................... $

Telecommunications . . .................... $

Per Diem, Fees and Comntracts ............. $

Utilities............ .................... $

Capital Outlay...... .................... $

Total Funds Budgeted .................... $

State Funds Budgeted .................... $

Total Positions Budgete:d

Authorized Motor Vehicles

16,405,555 2,351,525
40,000 21,800 16,540 363,500 103,320 114,995 167,575
1,92-1,o26-5
21,506,075 19,016,030
671 80

2598

JOURNAL OF THE SENATE

Institutions Functional Budgets

Total Funds

Georgia Academy for

the Blind............. $ 3,560,345

Georgia School for

the Deaf ............. $ 6,569,401

Atlanta Area School

for the Deaf.......... $ 3,267,937

North Georgia

Vocational-Technical

School ............... $ 4,399,454

South Georgia

Vocational-Technical

School ............... $ 3,708,938

Undistributed ........... $

-0-

Total ..................$ 21,506,075

State Funds

Pos.

$ 3,278,015

146

$ 6,278,974 227

$ 3,084,070

100

$ 3,373,504

106

$ 3,001,467

92

$

-0-

0

$ 19,016,030 671

C. Budget Unit: Board of Postsecondary Vocational Education ................... $

328,316

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

427,850 13,505 13,200 ---0-- 7,000 3,000 15,000 59,550 9,530 108,000
656,635 328,316
10

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 ...................... $

--0 --
678,232 11,675 7,500 --0-- 21,150 3,100 155,119 74,046 11,779

FRIDAY, MARCH 8, 1985
Per Diem, Fees and Contracts ............. $ Postage ................................. $ Benefits to Retirees ....................... $ Employer Contribution .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2599
538,500 6-5,000-0

Section 18. Forestry Commission.

Budget Unit: Forestry Commission.......... $ 28,552,452

State Operations Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Contractual Research ..................... $ Payments to the University of
Georgia, School of Forestry for Forest Research .................... $ Ware County Grant ...................... $ Wood Energy Program.................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

21,600,319 5,076,778
130,113 1,784,351
86,559 2,420,823
63,738 18,211 575,055 138,871 250,000
300,000 90,000 93,582 150,000 32,778,400 28,552,452
876 763

Forestry Commission Functional Budgets

Total Funds

Reforestation ........... $ 2,963,075

Field Services.........

27,861,443

Wood Energy .........

93,582

General Administration

and Support ........ $ 1,860,300

Undistributed .........

Total ................ $ 32,778,400

State Funds

Pos.

$ 942,175

51

$ 25,664,395

794

$ 93,582

1

$ 1,852,300

30

0

$ 28,552,452

876

Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 24,488,958

2600

JOURNAL OF THE SENATE

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

16,450,123 1,641,906
489,700 1,050,000
90,785 616,836 2,418,363 1,446,807 1,114,172
30,710 350,000 89,966 59,590 40,000 25,888,958 1,400,000 24,488,958
507 320

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration ..........

2,484,169

Drug Enforcement.......

4,581,870

Investigative ............ : 8,999,059

Forensic Sciences........ i 4,048,204

Georgia Crime Information

Center ............... $ 5,775,656

Undistributed ........... $

Total .................. $ 25,888,958

State Funds

Pos.

$ 2,484,169

23

$ 4,581,870

82

$ 8,999,059 206

$ 4,048,204

93

$ 4,375,656

103

$

--0--

0

$ 24,488,958

507

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 ................ .... $

905,224 29,275 9,000 --0--
1,200 2,325 13,238 86,130 11,100 110,000 1,167,492

FRIDAY, MARCH 8, 1985

2601

Total Expenditures Authorized ............. $ State Funds Budgeted .................... $ Total Positions Budgeted

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 .................... $
2. Office of Fair Employment Practices Budget:
Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Budget Unit Object Classes:
Cost of Operations ....................... $ Mansion Allowance....................... $ Governor's Emergency Fund ............... $ Intern Stipends and Travel ................ $ Personal Services ......................... $ Regular Operating Expenses ............... $ Travel .................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Positions Budgeted Authorized Motor Vehicles

5,464,522
2,253,561 40,000
2,500,000 130,000
4,923,561 4,923,561
472,801 10,115 10,815
2,825
69,915 11,740 22,750 600,961 540,961
15
2,253,561 40,000
2,500,000 130,000 472,801 10,115 10,815
2,825
69,915 11,740 22,750
15 0

2602

JOURNAL OF THE SENATE

B. Budget Unit: Office of Planning and Budget............................ $
Office of Planning and Budget Budget:
Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Units Attached for Administrative Purposes Only ............ $
Attached Units Budget:
Personal Services ......................... $ 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 Authorized Motor Vehicles

3,708,539
3,079,134 87,705 79,000 --0-- 35,360 5,000 151,000 190,840 55,000 85,500
3,768,539 3,708,539
74 0
4,971,720
2,731,204 125,957 53,000 ---0-- 52,085 7,500 34,825 250,035 140,085
5,408,226 1,809,971
360,860 42,000 11,015,748 4,971,720
86 0

Attached Units Functional Budgets

Total Funds Council for the Arts ..... $ 2,667,288 Office of Consumer
Affairs............... $ 1,614,429 State Energy Office ......$ 5,832,243 Governor's Committee
on Post-Secondary Education ............ $ 152,292

State Funds Pos.

$ 2,200,588

13

$ 1,614,429

45

$ 271,460

10

$ 152,292

3

FRIDAY, MARCH 8, 1985

2603

Consumers' Utility

Counsel .............. $ 435,439

$ 418,894

Criminal Justice

Coordinating Council . . $ 314,057

$ 314,057

6

Undistributed ........... $

-0-

$

--0--

0

Total ..................$ 11,015,748

$ 4,971,720

86

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 . .

$ 6,800,000
2,600,000 4,200,000 6,800,000 6,800,000

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ............................ $ 304,811,192

1. General Administration and Support Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities................................. $ Postage .................................$ Menninger Group Homes. ................. $ Benefits for Child Care ................... $ Contract--Georgia
Advocacy Office, Inc. ................... $ Total Funds Budgeted .................... $ Indirect DOAS Services Funding ........... $ Indirect GBA Funding .................... $ Agency Funds ........................... $ Social Services
Block Grant Funds ..................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

29,456,390 1,223,285 841,485 ---0-- 184,350 126,410 1,825,443 3,498,862 595,425 9,866,742 178,100 658,380 387,000 1,190,722
215,000 50,247,594
638,300 --0--
25,375,132
1,655,800 22,578,362
977 7

2604

JOURNAL OF THE SENATE

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office .... $ 677,579

Administrative Appeals. . . $ 923,207

Administrative Policy,

Coordination, and

Direction ............. $ 191,768

Personnel .............. $ 5,466,155

Support Services ........ $ 2,464,625

Systems Planning,

Development and

Training ............. $ 149,789

EDP-Planning and

Coordination .......... $ Indirect Cost ........... $

365,400 ---0--

Facilities Managements . . $ 3,899,387

Community/ Intergovern

mental Affairs ........ $ 829,982

Budget Administration . . . $ 1,449,888

Accounting Services ..... $ 3,811,150

Auditing Services ....... $ 1,667,587

Special Projects ......... $ 284,600

Children and Youth

Planning ............. $ 184,046

Troubled Children Benefits $ 1,577,722

Developmental Disabilities $ 231,674

Council on Maternal

and Infant Health ..... $ 110,448

Council on Family

Planning ............. $

13,500

Community Services ..... $ 9,207,996

Regulatory Services--

Program Direction and

Support .............. $ 391,591

Child Care Licensing .... $ 1,727,907

Laboratory Improvement . $ 618,029

Health Care Facilities

Regulation ........... $ 2,253,313

Compliance Monitoring . . $ 398,328

Radiological Health

$ 626,164

Fraud and Abuse. ....... $ 2,016,687

Child Support Recovery . . $ Undistributed ........... $

8,70-9,o07-2

Total .................. $ 50,247,594

State Funds

Pos.

$ 677,579

13

$ 923,207

25

$ 191,768

4

$ 5,379,462

47

$ 2,198,353

60

$ 149,789

4

$ 165,400

0

$ (5,405,300)

0

$ 2,790,622

11

$ 829,982

20

$ 1,449,888

43

$ 3,811,150

150

$ 1,667,587

47

$ 284,600

0

$ 184,046

4

$ 1,577,722

0

$

--0--

6

$ 110,448

3

$

1,350

0

$

---0--

9

$ 391,591

9

$ 1,690,907

59

$ 475,873

17

$ 628,612

61

$ 398,328

10

$ 465,999

21

$ 253,545

53

$ $

1,28-5,085-4

301 0

$ 22,578,362

977

2. Public Health Budget:

Personal Services .................. ....... $ Regular Operating Expenses ........ ....... $ Travel ........................... ....... $ Motor Vehicle Equipment
Purchases ...................... ....... $ Publications and Printing ........... ....... $

31,716,714 44,776,021
923,960
10,000 298,475

FRIDAY, MARCH 8, 1985

2605

Equipment Purchases ..................... $ 190,398

Computer Charges ....................... $ 368,000

Real Estate Rentals ...................... $ 587,521

Telecommunications ...................... $ 512,083

Per Diem, Fees and Contracts ............. $ 13,644,585

Utilities ................................. $

--0--

Postage ................................. $

86,375

Crippled Children Clinics ................. $ 517,572

Grants for Regional

Intensive Infant Care ................... $ 3,202,400

Grants for Regional

Maternal and Infant Care ............... $ 1,687,000

Midwifery Program Benefits ............... $ 800,000

Crippled Children Benefits................. $ 3,767,000

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,253,000

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .......................... $ 4,193,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

Contract with Emory University

for Cancer Research .................... $ 117,000

Contract with Auditory

Educational Clinic...................... $

78,000

Grant-In-Aid to Counties.................. $ 42,447,282

Contract with Emory University

for Arthritis Research .................. $ 215,000

Contract for

Scoliosis Screening ..................... $ 115,000

Family Planning Benefits .................. $ 301,530

Grants to Counties for Teenage

Pregnancy Prevention ................... $ 257,500

Grant to Counties for

Metabolic Disorders

Screening and Treatment................ $

45,000

Contract--Macon-Bibb County

Hospital Authority ..................... $ 4,000,000

Total Funds Budgeted .................... $ 157,857,416

Indirect DOAS Services Funding ........... $ 549,718

Agency Funds ........................... $ 73,628,842

State Funds Budgeted .................... $ 83,678,856

Total Positions Budgeted

1,094

Authorized Motor Vehicles

6

Public Health Functional Budgets

Total Funds Director's Office......... $ 611,925 Employee's Health ...... $ 315,938

State Funds

Pos.

$ 414,700

7

$ 280,938

9

2606

JOURNAL OF THE SENATE

Health Program

Management ......... $ 829,859

Vital Records........... $ 1,340,478

Health Services Research. $ 564,625

Primary Health Care .... $ 609,764

Stroke and Heart Attack

Prevention............ $ 1,682,378

Epidemiology ........... $ 842,302

Immunization........... $ 412,514

Sexually Transmitted

Diseases ............. $ 1,438,920

Community Tuberculosis

Center............... $ 1,282,002

Family Health

Management ......... $ 6,943,640

Infant and Child Health . $ 5,758,942

Maternal Health-Perinatal $ 251,289

Family Planning ........ $ 8,254,200

Malnutrition............ $ 48,665,776

Dental Health ......... $ 1,394,645

Children's

Medical Services ......

7,528,162

Chronic Disease......... $ 1,670,062

Diabetes ............... $ 455,502

Cancer Control ......... $ 3,026,614

Environmental Health.... $ 883,356

Laboratory Services ..,..$ 4,393,145

Emergency Health .......$ 2,257,647

Minimum Foundation.... $ 8,173,589

Newborn Follow Up

Care ................ $ 648,279

Sickle Cell, Vision

and Hearing.......... $ 1,063,797

High-Risk Pregnant

Women and Infants ... $ 5,370,755

Grant in Aid to Counties . $ 38,858,807

Teenage Pregnancy

Prevention............ $ 257,500

Community Care........ $ 2,071,004

Undistributed ........... $

-0-

Total .................. $ 157,857,416

$ 744,859

27

$ 1,317,978

60

$ 341,807

12

$ 609,764

15

$ 1,152,378

24

$ 514,726

12

$

1,104

10

$ 371,344

33

$ 1,159,672

27

$ 1,464,576

22

$ 5,629,427

14

$ 13,610

5

$ 3,340,049

185

$

--0--

28

$ 1,171,462

20

$ 4,768,278

87

$ 1,670,062

20

$ 361,671

4

$ 3,026,614

6

$ 344,584

8

$ 3,713,475

121

$ 1,197,147

22

$ 8,040,692

190

$ 465,329

22

$ 1,063,797

15

$ 5,370,755

19

$ 34,007,984

0

$ 257,500

0

$ 862,574

70

$

-0-

0

$ 83,678,856 1,094

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 ...................... $

4,598,054 118,525 124,450 --0-- 61,300 8,500 756,193 --0-- 212,000

FRIDAY, MARCH 8, 1985

2607

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

210,150 --0-- 750
70,000 6,159,922
15,000 779,100 462,316 4,903,506
127

Mental Health--Program Direction and Support Functional Budgets

Total Funds

Administration.......... $ 3,404,943

Special Projects

and Contracts......... $

53,192

Program Coordination.... $ 2,659,061

MH/MR Advisory

Council .............. $

42,726

Undistributed........... $

-0-

Total .................. $ 6,159,922

State Funds

Pos.

$ 2,475,043

63

$

3,192

2

$ 2,382,545

61

$ 42,726

1

$

-0-

0

$ 4,903,506

127

4. 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

1,356,252 31,682 30,650 ---0-- 6,200 4,190 75,000 --0-- 37,860 3,500
1,545,334
1,545,334 38 0

5. Services to the Aged Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$

1,982,956 46,980 56,800

2608

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.................... Payments to DMA .......... Postage .................... Total Funds Budgeted ....... Social Services
Block Grant Funds ... Agency Funds .............. State Funds Budgeted ....... Total Positions Budgeted Authorized Motor Vehicles

27,000 2,860 210,800 33,500 51,060 22,805,431
4,782,801 920
30,001,108
2,998,100 18,042,164 8,960,844
64 224

Services to the Aged Functional Budgets

Total Funds

Administration and

Planning .............$ 3,304,413

Aging Services..... .....$ 19,311,020

Alternative Health

Services.............. $ 7,385,675

Undistributed ........... $

-0-

Total .................. $ 30,001,108

State Funds

Pos.

$ 1,144,489

43

$ 1,767,364

0

$ 6,048,991

21

$

-0-

0

$ 8,960,844

64

6. Rehabilitation Services Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment
Purchases ............................. $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ Postage .................................$ Grants for Nephrology Centers ............. $ Contract with Vocational
Rehabilitation Community Facilities .............................. $ Contract for Epilepsy ..................... $ Case Services ............................ $ E.S.R.P. Case Services .................... $

24,097,680 1,127,938 527,050
--0-- 58,310 54,475 761,850 990,295 555,570 832,575 303,250 92,050 245,000
4,219,500 67,000
9,487,500 50,000

FRIDAY, MARCH 8, 1985

2609

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

110,000
146,000 43,726,043
50,000 30,212,420 13,463,623
806 24

Rehabilitation Services Functional Budgets

Total Funds

Program Direction

and Support . . .

$ 2,761,225

Grants Managemnent . . . . . $ 561,381

Atlanta RehabiliNtaattiioon

Center . . .

$ 2,266,077

Alto Rehabilitatiioon

Center . . .

$ 307,117

Rehabilitatic enter for

the Deaf- ve Spring $ 461,272

Central Rehabilitation

Center . . .

$

580,387

Georgia Vocational

Adjustment Center--

Gracewood .........

416,752

Ireland Rehabilitation

Center ............

379,422

M. S. McDonald Evaluation Center

$ 191,186

J. F. Kennedy Centerr.. .... $ 470,912

Production Workshop) .... $ 1,055,031

District Field Servicess.. . . . $ 28,748,207

Independent Living . ..... $ 263,619

Sheltered Employmenit ... $ 1,043,955

Community Facilitiesi .... $ 3,882,000

Bobby Dodd Workshop.... $ 337,500

Undistributed Total .......

. .... $$

-043,726,043

State Funds

Pos.

$ 1,161,225

50

$ 464,377

2

$ 544,443

70

$

76,161

10

$ 110,294

16

$ 144,234

19

102,859

17

94,304

13

$ 46,750

6

$ $

117,588 -0-

17 0

$ 5,583,534

564

$ 263,619

7

$ 534,735

15

$ 3,882,000

0

$ $

337,500 -0-

0 0

$ 13,463,623

806

7. Roosevelt Warm Springs Rehabilitation Institute:

Personal Services ..................... .... $

Regular Operating Expenses ........... .... $

Travel ..............................

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing .............. .... $

Equipment Purchases ................. .... $

Computer Charges ................... .... $

Real Estate Rentals .................. .... $

10,122,076 1,713,090 47,000 13,500 15,000 35,480 61,000

2610

JOURNAL OF THE SENATE

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

163,885 1,263,000
550,000 14,300 25,000 --0-- --0--
14,023,331 50,000
10,012,902 3,960,429
434 24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

Administration.......... $ 5,444,200

Rehabilitation Services ... $ 8,579,131

Undistributed ........... $

--0--

Total .................. $ 14,023,331

State Funds

Pos.

$ 2,532,366

145

$ 1,428,063

289

$

--0--

0

$ 3,960,429 434

8. 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

4,104,259 8,090,870
16,500 82,000 8,500
28,000 44,200 125,000 6,000 --0-- 12,572,229 12,072,269 499,960
29 14

Georgia Factory for the Blind Functional Budgets

Total Funds

Operations ............. $ 12,071,540

Supervision............. $ 500,689

Undistributed ........... $

--0--

Total .................. $ 12,572,229

State Funds

Pos.

$

--0--

11

$ 499,960

18

$

--0--

0

$ 499,960

29

FRIDAY, MARCH 8, 1985

2611

9. 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

11,176,484 362,878 78,098
43,991 21,810 419,605 660,927 470,559 1,035,076 --0-- 325,000 10,998,200 25,592,628 25,592,628 --0--
420

10. Family and Children Services Budget:

Personal Services ......................... $ 11,163,164

Regular Operating Expenses ............... $ 15,926,964

Travel ..................................$ 462,000

Motor Vehicle Equipment Purchases ........ $

---0--

Publications and Printing .................. $ 786,130

Equipment Purchases ..................... $

12,160

Computer Charges ....................... $ 10,694,605

Real Estate Rentals ...................... $ 198,350

Per Diem, Fees and Contracts ............. $ 31,325,663

Telecommunications ...................... $ 874,200

Utilities. ................................$

12,200

Postage .................................$ 942,385

AFDC Benefits .......................... $ 218,996,525

Grants to County DFACS--

Operations ............................ $ 133,940,645

WIN Benefits ........................... $ 479,964

Benefits for Child Care ................... $ 17,300,108

SSI--Supplement Benefits ................. $

1,500

Total Funds Budgeted .................... $ 443,116,563

Agency Funds ........................... $ 241,701,516

Indirect DOAS Services Funding ........... $ 2,339,882

Social Services

Block Grant Funds ..................... $ 33,854,887

State Funds Budgeted .................... $ 165,220,278

Total Positions Budgeted

360

Authorized Motor Vehicles

112

2612

JOURNAL OF THE SENATE

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits ........ $ 979,000

AFDC Payments ........ $ 218,996,525

SSI--Supplement

Benefits .............. $

1,500

Energy Benefits ......... $ 15,201,469

County DFACS Opera

tions--Social Services . . $ 42,454,689

County DFACS Opera

tions--Eligibility ...... $ 56,092,622

County DFACS Opera

tions--Joint and

Administration ........ $ 35,168,293

Food Stamp Issuance .... $ 2,312,000

Grants to Fulton County

for 24-hour Emergency

Services..............

225,041

Director's Office.........

536,994

Administration

and Management......

4,612,381

District Administration . . .

3,354,311

Program Planning, Devel

opment, and Training . .

7,025,986

Management Information

Systems.............. 12,893,972

Child Development

Administration ........

1,019,305

Indirect Cost ...........

Work Incentive Benefits . .

4,399,242

Legal Services ..........

574,000

Family Foster Care...... 13,546,920

Institutional Foster Care .

2,079,972

Specialized Foster Care . .

324,725

Adoption Supplement ....

899,030

Liability Insurance ......

28,600

Emergency Shelter Care .

108,586

Day Care .............. 19,205,600

Psychiatric,

Psychological and

Speech Therapy ....... $ 130,000

Maternity Care ......... $

50,000

Return of Runaways--

County .............. $

7,000

Home Management--

Contracts ............ $ 166,000

Outreach--Contracts .... $ 684,300

Special Projects ......... $ Undistributed ........... $

38,500 -0-

Total .................. $ 443,116,563

State Funds

Pos.

0

$ 73,604,732

0

$

1,500

0

0

$ 20,567,268

0

$ 27,910,825

0

$ 16,949,674

$ 225,041

0

$ 536,994

7

$ 3,283,504 113

$ 3,354,311

88

$ 3,610,826

73

$ 5,252,451

52

$ 1,019,305

27

(7,170,000)

0

439,924

0

349,000

0

8,737,193

0

1,353,507

0

95,432

0

866,705

0

28,600

0

108,586

0

3,650,448

0

$ 130,000

0

$ 50,000

0

$

7,000

0

$ 37,816

0

$ 181,136

0

$$

3-8,050-0

0 0

$ 165,220,278 360

FRIDAY, MARCH 8, 1985

2613

Budget Unit Object Classes:

Personal Services......................... $ 129,774,029

Regular Operating Expenses ............... $ 73,418,233

Travel ..................................$ 3,107,993

Motor Vehicle Equipment Purchases ........ $ 105,500

Publications and Printing .................. $ 1,489,256

Equipment Purchases ..................... $ 456,283

Computer Charges ....................... $ 15,239,396

Real Estate Rentals ...................... $ 5,969,455

Telecommunications ...................... $ 3,500,642

Per Diem, Fees and Contracts ............. $ 81,030,922

Utilities .................................$ 1,168,550

Postage .................................$ 2,126,160

Capital Outlay........................... $

--0--

Grants for Regional

Intensive Infant Care ................... $ 3,202,400

Grants for Regional Maternal

and Infant Care ....................... $ 1,687,000

Crippled Children Benefits................. $ 3,767,000

Crippled Children Clinics ................. $ 517,572

Kidney Disease Benefits ................... $ 605,000

Cancer Control Benefits ................... $ 2,253,000

Benefits for Medically Indigent

High-Risk Pregnant Women and

Their Infants .......................... $ 4,193,000

Family Planning Benefits .................. $ 301,530

Benefits for Midwifery Program ............ $ 800,000

Grant-In-Aid to Counties.................. $ 42,447,282

Work Incentive Benefits ................... $ 479,964

Benefits for Child Care ................... $ 18,490,830

Grants for Nephrology Centers............. $ 245,000

Case Services ............................ $ 20,510,700

E.S.R.P. Case Services .................... $

50,000

SSI-Supplement Benefits .................. $

1,500

AFDC Benefits .......................... $ 218,996,525

Grants to County DFACS--

Operations ............................ $ 133,940,645

Contract with Vocational

Rehabilitation Community

Facilities .............................. $ 4,219,500

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program.................... $ 100,000

Contract with the

Affirmative Industries ...................$ 110,000

Institutional Repairs

and Maintenance....................... $

--0--

Contract with Emory University

for Arthritis Research .................. $ 215,000

Grant for Epilepsy Program ............... $

67,000

Grant to Grady Hospital for

Cystic Fibrosis Program ................. $

42,000

2614

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 .................. $

115,000 387,000 215,000 257,500 117,000 4,000,000 146,000
45,000 4,782,801
70,000 78,000 4,349

B. Budget Unit: State Health Planning and Development....................... $

667,606

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

761,356 46,200 5,500 2,500
3,406 44,000 86,851 26,500 102,764 7,600 1,086,677 --0-- 419,071 667,606
21 0

C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions. ................ $ 337,591,794

Departmental Operations:

Personal Services ......................... $ 279,420,712 Regular Operating Expenses ............... $ 28,663,268

FRIDAY, MARCH 8, 1985

2615

Travel ..................................$ 582,420

Motor Vehicle Equipment Purchases ........ $ 600,255

Publications and Printing .................. $

69,407

Equipment Purchases ..................... $ 2,616,281

Computer Charges ....................... $ 2,696,052

Real Estate Rentals ...................... $ 491,060

Telecommunications ...................... $ 2,372,166

Per Diem, Fees and Contracts ............. $ 5,643,092

Utilities .................................$ 15,740,000

Postage .................................$ 227,856

Capital Outlay........................... $ 386,000

Authority Lease Rentals .................. $ 2,679,000

Institutional Repairs

and Maintenance....................... $ 651,000

Grants to County-Owned

Detention Centers ...................... $ 2,222,850

Reserve for Thomasville RYDC ............ $ 366,500

Reserve for Claxton RYDC ............... $ 366,500

Drug Abuse Contracts .................... $ 1,015,960

Day Care Centers for the

Mentally Retarded ..................... $ 55,029,399

MR Day Care Center Motor

Vehicle Purchases ...................... $ 662,376

Supportive Living Staff ................... $ 1,504,826

Supportive Living Benefits ................. $ 7,264,540

Georgia State Foster

Grandparent/Senior

Companion Program .................... $ 562,960

Community Mental Health

Center Services ........................ $ 67,545,807

Project Rescue ........................... $ 312,890

Project ARC ............................ $ 203,600

Project Friendship ........................ $ 266,700

Group Homes for

Autistic Children....................... $ 224,428

Contract with Clayton County

Board of Education for

Autistic Children ....................... $

68,000

Uniform Alcoholism Projects............... $ 2,826,455

Child Care Benefits ...................... $

16,000

Community Mental

Retardation Staff. ...................... $ 3,461,744

Community Mental Retardation

Residential Services .................... $ 13,385,919

Lumpkin Area Individual

Living, Inc............................. $

27,765

Total Funds Budgeted .................... $ 500,173,788

Agency Funds ........................... $ 133,235,065

Indirect DOAS Services Funding ........... $ 1,625,000

Social Services

Block Grant Funds ..................... $ 27,721,929

State Funds Budgeted .................... $ 337,591,794

Total Positions Budgeted

12,651/

12,557

2616

JOURNAL OF THE SENATE

Authorized Motor Vehicles

746

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds Georgia Regional
Hospital at Augusta ...$ 13,284,866 Georgia Regional
Hospital at Atlanta .... $ 17,506,299 Georgia Regional
Hospital at Savannah . . $ 13,733,889 West Central Georgia
Regional Hospital .....$ 11,996,355 Northwest Regional
Hospital at Rome ..... $ 19,728,274 Gracewood State School
and Hospital.......... $ 37,852,040 Southwestern State
Hospital ............. $ 27,140,454 Georgia Retardation
Center............... $ 24,847,158 Georgia Mental
Health Institute....... $ 17,927,413

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...... $ Contract with Clayton County Board of Education for Autistic Children... $ Project Rescue.......... $

98,372,729 6,840,412 1,261,190 1,993,382
133,072 1,462,260 57,507,363 8,868,688
562,960 3,606,310
13,732,943 232,123
68,000 312,890

State Funds $ 11,359,666 $ 14,281,299 $ 12,233,889 $ 10,216,546 $ 14,217,228 $ 22,752,040 $ 17,291,874 $ 13,844,896 $ 15,527,413 $ 69,627,647 $ 6,783,512 $ 1,261,190 $ 1,993,382 $ 133,072 $ 764,170 $ 24,740,812 $ 4,746,989

Pos.
504
659
510
430
690 1.532/ 1,516
1,099
889
553 3.830/ 3,752
221
40
62 3
44
0 0

$ 562,960

0

$ 2,627,458

0

$ 9,064,976

0

$ 232,123

0

$ 68,000

0

$ 149,890

0

FRIDAY, MARCH 8, 1985

2617

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 ...... $ Purchased Services ...... $ Assessment and
Classification ......... $ Undistributed ........... $

1,015,960 203,600 266,700
70,041,744
2,926,058 280,279
27,765
18,765,584
13,687,535 550,616 729,283
2,035,628 7,330,577
463,456 89,437
2,480,324
308,172 --0--

Total .................. $ 500,173,788

$ 1,015,960

0

$ 203,600

0

$ 266,700

0

$ 33,813,433

$ 2,114,632

0

6

$ 27,765

0

$ 18,280,929

742

$ 13,400,250

417

$ 550,616

19

$ 729,283

24

$ 2,035,628

73

$ 7,330,577

260

$ 463,456

15

89,437

3

$ 2,480,324

16

308,172 -0-

10 0

12,651/

$ 337,591,794 12,557

Section 24. Department of Industry and Trade.

A. Budget Unit: Department of Industry and Trade............................. $ 12,754,496

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 ............................. $

5,144,474 718,786 304,100 12,720 294,650 27,100 136,260 446,415 161,041 194,150 150,800 140,000
3,000,000
2,735,000
5,413,213

2618

JOURNAL OF THE SENATE

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

50,000
25,000 50,000 20,000
51,500
25,000
12,500 19,112,709 12,754,496
195 21

Department of Industry and Trade Functional Budgets

Total Funds

Industry ............... $ 812,088

Research............... $ 524,079

Tourism Promotional..... $ 1,294,020

Tourist Welcome Centers. $ 2,387,934

Internal Administration . . $ 9,883,404

International............ $ 1,211,184

Advertising............. $ 3,000,000

Undistributed ........... $

--0--

Total .................. $ 19,112,709

State Funds

Pos.

$ 812,088

18

$ 524,079

14

$ 1,294,020

27

$ 2,242,934

94

$ 3,670,191

25

$ 1,211,184

17

$ 3,000,000

0

$

--0--

0

$ 12,754,496

195

B. Budget Unit: Authorities .................. $

--0--

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 ............. $ G.O. Bonds and Lease
Rentals--G.P.A. ....................... $ Other Debt Service
Payments--G.P.A. ..................... $ Capital Outlay--Internal
Operations--G.P.A. .................... $

30,537,506 12,869,089
524,088 --0--
154,919 50,000 532,856 109,343 414,856 1,667,740
7,233,576
820,000
4,373,713

FRIDAY, MARCH 8, 1985

2619

Atlanta Convention and Visitors Bureau--G.W.C.C..
Total Funds Budgeted ....... State Funds Budgeted ....... Total Positions Budgeted Authorized Motor Vehicles

59,287,686

Authorities Functional Budgets

Total Funds

State Funds

Pos.

Georgia World Congress

Center............... $ 10,416,126

$

215

Georgia Ports Authority .. $ 48,871,560

$

780

Undistributed........... $

--0--

$

0

Total .................. $ 59,287,686

$

995

Section 25. Department of Labor.

Budget Unit: Department of Labor ......... $ 4,927,676

State Operations:

Personal Services ......................... $ 59,499,753

Regular Operating Expenses ............... $ 4,586,528

Travel ..................................$ 1,186,803

Motor Vehicle Equipment Purchases ........ $

---0--

Publications and Printing .................. $

44,130

Equipment Purchases ..................... $ 692,185

Computer Charges ....................... $ 1,872,300

Real Estate Rentals ...................... $ 2,120,474

Telecommunications ...................... $ 1,314,855

Per Diem, Fees and

Contracts (JTPA) ...................... $ 56,387,955

Per Diem, Fees and Contracts ............. $ 1,721,660

W.I.N. Grants ........................... $ 260,000

Payments to Georgia

General Obligation Debt

Sinking Fund .......................... $ 400,000

Total Funds Budgeted .................... $ 130,086,643

State Funds Budgeted .................... $ 4,927,676

Total Positions Budgeted

1,979

Authorized Motor Vehicles

9

Department of Labor Functional Budgets

Total Funds Inspection .............. $ 1,652,103 Basic Employment....... $ 53,843,190 Work Incentive ......... $ 4,038,654 Food Stamps ........... $ 1,326,717 Job Training Partnership . $ 66,812,257 Correctional Services .... $ 2,413,722

State Funds

Pos.

$ 1,652,103

47

$ 861,851 1,495

$

82

$

47

$

230

$ 2,413,722

78

2620

JOURNAL OF THE SENATE

Undistributed Total .......

--0-- 130,086,643

--0--

0

4,927,676 1,979

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

5,992,548
5,311,702 317,912 120,950
44,491 12,191 60,000 314,607 91,982 45,000 96,000
6,414,835 5,992,548
122
1

Section 27. Department of Medical Assistance.

Budget Unit: Medicaid Services ............ $ 278,386,584

Departmental Operations Budget:

Personal Services ......................... $ 6,610,660

Regular Operating Expenses ............... $ 163,850

Travel ..................................$ 131,150

Motor Vehicle Equipment Purchases ........ $

--0--

Publications and Printing .................. $

97,400

Equipment Purchases ..................... $

22,380

Computer Charges ....................... $ 4,483,300

Real Estate Rentals ...................... $ 771,620

Telecommunications ...................... $ 180,025

Per Diem, Fees and Contracts ............. $ 10,186,000

Postage ................................. $ 150,000

Medicaid Benefits ........................ $ 865,519,418

Payments to Counties for

Mental Health ......................... $ 10,619,200

Audits Contracts ......................... $ 1,456,070

Total Funds Budgeted .................... $ 900,391,073

State Funds Budgeted .................... $ 278,386,584

Total Positions Budgeted

230

Authorized Motor Vehicles

3

FRIDAY, MARCH 8, 1985

2621

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office.... $ 686,641

Program Management ... $ 11,869,862

Administration.......... $ 2,845,349

Operations ............. $ 6,014,764

Program Integrity ....... $ 2,835,839

Benefits................ $ 876,138,618

Undistributed ........... $

-0-

Total .................. $ 900,391,073

State Funds

Pos.

$ 343,321

14

$ 1,589,414

46

$ 869,957

35

$ 1,559,917

49

$ 1,228,320

86

$272,795,655

0

$

-0-

0

$ 278,386,584 230

Section 28. Merit System of Personnel Administration,

Budget Unit: Merit System of Personnel Administration Agency Assessments. ...... $ 6,067,111

Departmental Operations Budget:

Personal Services ......................... $ 4,874,511

Regular Operating Expenses ............... $ 103,327

Travel ..................................$

48,545

Motor Vehicle Equipment Purchases ........ $

---0--

Publications and Printing .................. $ 153,583

Equipment Purchases ..................... $

23,810

Computer Charges ....................... $ 1,453,842

Real Estate Rentals ...................... $ 685,737

Telecommunications ...................... $ 101,565

Per Diem, Fees and Contracts ............. $ 25,145,374

Postage .................................$ 143,360

Health Insurance Payments ................ $ 230,002,649

Total Funds Budgeted .................... $ 262,736,303

Agency Assessments ...................... $ 6,067,111

Employee and Employer

Contributions .......................... $ 256,637,408

Deferred Compensation ................... $

31,784

Total Positions Budgeted

174

Authorized Motor Vehicles

0

Merit System Functional Budgets

Total Funds
Applicant Services....... $ 1,793,595 Classification and
Compensation......... $ 811,413 Program Evaluation and
Audit................ $ 631,785 Employee Training and
Development.......... $ 952,253 Health Insurance
Administration........ $ 6,991,705 Health Insurance Claims . $ 249,412,619

State Funds

Pos.

$

--0--

39

$

--0--

19

$

--0--

13

$

--0--

23

$

--0--

36

$

--0--

0

2622

JOURNAL OF THE SENATE

Internal Administration .. $ 1,059,472

$

36

Commissioner's Office.... $ 1,083,461

$

8

Undistributed ........... $

--0--

$

0

Total .................. $ 262,736,303

$

174

Section 29. Depaitment of Natural Resources.

A. Budget Unit: Department of Natural Resources ............................. $ 56,546,902

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 .................................$ Land and Water Conservation
Grants................................ $ Recreation Grants ........................ $ Contract with U. S. Geological
Survey for Ground Water Resources Survey ...................... $ Contract with U. S. Geological Survey for Topographic Maps ............ $ Capital Outlay--Repairs and Maintenance....................... $ Capital Outlay--Shop Stock--Parks ........ $ 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--Parks .................. $
Capital Outlay--Buoy Maintenance .......................... $
Capital Outlay--Consolidated Maintenance-- Game and Fish .......... $
Technical Assistance Contract.............. $ Capital Outlay........................... $

40,741,871 8,006,870 453,490 1,108,243 489,743 1,006,745 404,301 1,216,992 790,615 935,645 345,085
2,500,000 640,000
275,000
125,000
1,006,993 300,000 75,000
1,250,000 1,025,000
603,821
206,000 50,000
400,000
863,000
20,000
337,220 125,000 495,000

FRIDAY, MARCH 8, 1985

2623

Contract--Georgia Rural Water Association ...................... $
Grant--The Hay House................... $ Contract--Corps of Engineers
(Cold Water Creek St. Park) ............ $ Grant--Tybee Island ..................... $ Advertising and Promotion ................ $ Payment to Georgia Agricultural Exposition
Authority ............................. $ Historic Preservation Grant................ $ Payment to Jekyll Island State Park--
Capital Outlay......................... $ Environmental Facilities Grants ............ $ Total Funds Budgeted .................... $ Receipts from Jekyll Island State Park
Authority ............................. $ Receipts from Stone Mountain Memorial
Association ............................ $ Indirect DOAS Funding .................. $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

10,000 50,000
130,000 ---0--
100,000
500,000 40,000
100,000 8,000,000 74,726,634
53,750
315,000 200,000 56,546,902
1,279 1,029

Department of Natural Resources Functional Budgets

Internal Administration . Game and Fish ........ Parks, Recreation and
Historic Sites ........ Environmental Protection Coastal Resources ...... Undistributed .......... Total .................

Total Funds
$ 5,273,560 $ 21,628,110

$ 24,112,329

$ 22,479,743

$ 1,232,892

$

---0--

$ 74,726,634

State Funds

Pos.

$ 4,904,810

81

$ 18,351,830

479

13,091,627 377

$ 19,030,743

316

$ 1,167,892

26

$

0

$ 56,546,902 1,279

B. Budget Unit: Authorities .................. $

--0--

Operations Budget:

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 ................ $

5,450,821 3,096,500
60,300 51,000 109,000 115,000 18,000 8,000 107,200 455,000 100,000 --O-- --0--

2624

JOURNAL OF THE SENATE

Payments to the Department of Natural Resources ................... $
Mortgage Payments ...................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

53,750 9,624,571

Authorities Functional Budgets

Total Funds

Lake Lanier Islands

Development Authority. $ 3,255,821

Jekyll Island State

Park Authority. ....... $ 5,868,750

Georgia Agricultural

Exposition Authority . . .

500,000

Total ..................

9,624,571

State Funds

Pos.

64

157

2 223

Section 30. Department of Offender Rehabilitation.

A. Budget Unit: Departmental Operations ...... $ 25,421,957

Departmental Operations Budget:

Personal Services......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Utilities .................................$ County Subsidy .......................... $ County Subsidy for Jails .................. $ Court Costs ............................. $ Central Repair Fund ........ -. ............ $ Grants for County
Workcamp Construction ................. $ Local Jail Equipment Grants .............. $ Grants for Local Jails .................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

10,242,874 715,069 341,454 263,300 62,400 236,767
1,236,392 1,071,202
312,878 981,529
50,000 7,592,000
493,092 418,000 550,000
1,000,000 --0--
500,000 26,066,957 25,421,957
337 92

FRIDAY, MARCH 8, 1985

2625

Departmental Operations Functional Budgets

Total Funds

General Administration

and Support ..........$ 9,110,130

Adult Facilities

and Programs......... $ 15,473,750

Training and Staff

Development.......... $ 1,483,077

Undistributed ........... $

--0--

Total .................. $ 26,066,957

State Funds

Pos.

$ 8,660,130

170

$ 15,278,750

138

$ 1,483,077

29

$

--0--

0

$ 25,421,957

337

B. Budget Unit: Correctional Institutions, Transitional Centers and Support .......,.......................$ 152,533,089

Institutional Operations Budget:

Personal Services......................... $ 104,333,416

Regular Operating Expenses ............... $ 19,627,515

Travel ..................................$

92,817

Motor Vehicle Equipment Purchases ........ $ 1,508,800

Publications and Printing .................. $

88,000

Equipment Purchases ..................... $ 3,148,735

Computer Charges ....................... $

--0--

Real Estate Rentals ...................... $ 294,430

Telecommunications ...................... $ 961,823

Per Diem, Fees and Contracts ............. $ 209,079

Utilities .................................$ 7,397,100

Payments to Central State

Hospital for Meals ..................... $ 2,430,900

Payments to Central State

Hospital for Utilities.................... $ 1,224,000

Payments to Public

Safety for Meals ....................... $

70,434

Inmate Release Funds .................... $ 980,000

Health Service Purchases.................. $ 10,946,930

Payments to the Medical

Association of Georgia for

Jail and Prison Health

Care Certification ...................... $

42,909

University of Georgia--

Cooperative Extension

Service Contracts ...................... $ 200,000

Minor Construction Fund ................. $ 140,201

Authority Lease Rentals .................. $ 440,000

Capital Outlay........................... $

--0--

Total Funds Budgeted .................... $ 154,137,089

State Funds Budgeted .................... $ 152,533,089

Total Positions Budgeted

4,857

Authorized Motor Vehicles

389

2626

JOURNAL OF THE SENATE

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

Georgia Training and

Development Center ... $ 1,950,190

Georgia Industrial

Institute ............. $ 7,810,435

Alto Education and

Evaluation Center ..... $ 1,459,145

Georgia Diagnostic and

Classification Center ... $ 8,861,186

Georgia State Prison ..... $ 17,671,431

Consolidated Branches ... $ 13,777,223

Middle Georgia

Correctional Institution . $ 19,868,415

Jack T. Rutledge

Correctional Institution . $ 3,969,926

Central Correctional

Institution ............ $ 3,395,152

Metro Correctional

Institution ............ $ 4,279,426

Coastal Correctional

Institution. ........... $ 4,411,400

Central Funds .......... $ 9,606,533

D.O.T. Work Details .... $ 678,428

Food Processing and

Distribution .......... $ 12,362,562

Farm Operations ........ $ 5,473,471

Dodge Correctional

Institution ............ $ 3,366,555

Transitional Centers ..... $ 3,510,458

Augusta Correctional and

Medical Institution .... $ 5,742,876

Health Care ............ $ 19,844,886

Richard H. Rogers

Correctional Institution. $ 3,597,391

Forsyth Correctional

Institution ............ $ 2,500,000

Undistributed ........... $

--0--

Total .................. $ 154,137,089

State Funds
$ 1,950,190
S 7,810,435
$ 1,459,145
$ 8,861,186 $ 17,671,431 $ 13,687,183
$ 19,868,415
$ 3,969,926
$ 3,395,152
$ 4,279,426
S 4,352,900 $ 9,502,533 $ IS 11,714,530
$ 5,448,471 s 3,366,555 $ 3,510,458 $ 5,742,876 $ 19,844,886 $ 3,597,391 $s 2,500,000 s 152,533,089

]Pos.
68
796
40
370 717 523
828
151
135
174
179 3
32
706 39
143 117
251 790
142
153 0
4, 857

C. Budget Unit: Board of Pardons and Paroles ..........................

. $ 13,391,072

Board of Pardons and Paroles Budget:

Personal Services .................... Regular Operating Expenses .......... Travel ............................. Motor Vehicle Equipment Purchases . . . Publications and Printing ............. Equipment Purchases ................ Computer Charges ..................

. $ 10,864,895

. $ 374,665

. $ 436,500

.$

50,000

.$

38,394

. $ 104,550

. $ 159.214

FRIDAY, MARCH 8, 1985

2627

Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ County Jail Subsidy ...................... $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted
Authorized Motor Vehicles

770,219 335,510 40,700 216,425
13,391,072 13,391,072
468
31

D. Budget Unit: Georgia Correctional Industries ............................. $

--0--

Georgia Correctional Industries Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing .................. $ Equipment Purchases ..................... $ Computer Charges ....................... $ Real Estate Rentals ...................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $ Cost of Sales ............................ $ Repayment of Prior Year's
Appropriations ......................... $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,272,330 894,000 61,000 187,000 9,500 396,000 1,900 95,000 68,500 344,300
6,245,000
84,000 --0-- 10,658,530 --0--
83 19

E. Budget Unit: Division of Probations .......................... $ 30,790,926

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 ............. $ Capital Outlay........................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

29,993,653 804,988 668,204 19,000 84,150 351,570 --0-- 812,861 432,850 321,650 12,000 --0--
33,500,926 30,790,926
1,286 98

2628

JOURNAL OF THE SENATE

Division of Probations Functional Budgets

Total Funds

Probation Administration $ 688,823

Probation Field

Operations .......... $ 26,837,627

Diversion Centers ...... $ 5,974,476

Undistributed ........... $

--0--

Total .................. $ 33,500,926

State Funds

Pos.

$ 558,823

21

$ 24,967,627 1,055 $ 5,264,476 210
0 $ 30,790,926 1,286

Section 31. Department of Public Safety.

A. Budget Unit: Department of Public Safety ................................ $ 56,980,709

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 .................................$ Conviction Reports ....................... $
State Patrol Posts Repairs and Maintenance ............... $
Driver License Processing ................. $ Total Funds Budgeted .................... $ Indirect DOAS Service Funding ............ $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

42,714,304 5,970,433 120,356 3,712,900 471,422 339,912 2,615,529 7,608 633,355 163,125 616,039 205,000
150,000 943,893 58,663,876 1,650,000 56,980,709
1,472 1,109

Public Safety Functional Budgets

Total Funds Administration ....... $ 6,822,071 Driver Services. ......... $ 11,656,776 Field Operations ........ $ 40,185,029 Undistributed ........... $ Total .................. $ 58,663,876

State Funds 6,822,071 10,123,609 40,035,029
56,980,709

Pos. 170 310 992
0 1,472

B. Budget Unit: Units Attached for Administrative Purposes Only ...........

6,186,471

FRIDAY, MARCH 8, 1985

2629

Attached Units Budget:
Personal Services ......................... $ Regular 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 ............. $ Highway Safety Grants ................... $ Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

2,887,679 417,105 101,700 110,300 42,350 125,152 186,820 124,764 78,404 428,669 23,950
1,963,680 3,500,000 9,990,573 6,186,471
86 49

Attached Units Functional Budgets

Total Funds

Office of Highway

Safety ............... $ 3,872,937

Georgia Peace

Officers Standards

$ and Training ......... $
Police Academy.........
Fire Academy .......... $

3,119,511 1,165,193
798,798

Georgia Firelighters

Standards and Training

$ Council ..............

297,202

Organized Crime

Prevention Council .... $ 288,739

Georgia Public Safety

$ Training Facility ...... Undistributed ........... $ Total .................. $

448,193 --0--
9,990,573

State Funds

Pos.

$ 188,835

$ 3,119,511

25

$ 1,120,193

18

$ 723,798

14

5

3

$

13

$

0

$ 6,186,471

86

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ...............
Departmental Operations Budget:
Payments to Employees' Retirement System ...........
Employer Contributions ......... Total Funds Budgeted .......... State Funds Budgeted ..........

$ 13,310,975
185,975 13,125,000 13,310,975 13,310,975

2630

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

7,028,218
4,113,430 225,616 133,400 72,560 15,875 31,973 148,649 218,907 106,850
2,142,500 7,209,760 7,028,218
133 29

Public Service Commission Functional Budgets

Total Funds

Administration.......... $ 1,033,420

Transportation ..........$ 2,027,120

Utilities................ $ 4,149,220

Undistributed ........... $

--0--

Total .................. $ 7,209,760

State Funds

Pos.

$ 1,033,420

19

$ 1,927,120

55

$ 4,067,678

59

$

--0--

0

$ 7,028,218

133

Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction .......... $ 549,744,221
Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs.............. $ 570,538,024 Sponsored Operations ................... $ 65,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $ 149,164,590 Sponsored Operations ................... $ 72,000,000
Office of Minority Business Enterprise ..................... $ 338,902
Special Desegregation Programs ............ $ 322,487 Authority Lease Rentals .................. $ 15,582,666 Research Consortium ..................... $ 3,500,000 Eminent Scholars Program ................ $ 2,000,000 Total Funds Budgeted .................... $ 878,446,669 Departmental Income ..................... $ 23,000,000 Sponsored Income ........................ $ 137,000,000 Other Funds............................. $ 165,675,148 Indirect DOAS Services Funding ........... $ 3,027,300

FRIDAY, MARCH 8, 1985

2631

State Funds Budgeted ............ Total Positions Budgeted

$ 549,744,221 17,020

B. Budget Unit: Regents Central Office and Other Organized Activities. . .

$ 127,317,500

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs.............. $ 147,790,564

Sponsored Operations ................... $ 46,208,132

Operating Expenses:

Educ., Gen., and Dept. Svcs.............. $ 58,582,929

Sponsored Operations ................... $ 19,520,077

Fire Ant and Environmental

Toxicology Research .................... $ 249,308

Agricultural Research. .................... $ 1,311,743

Advanced Technology

Development Center .................... $ 874,054

Capitation Contracts for

Family Practice Residency.............. $ 2,240,000

Residency Capitation Grants ............... $ 2,137,500

Student Preceptorships .................... $ 185,000

Capital Outlay--ETMH

Renovations ........................... $ 2,200,000

SREB Payments ......................... $ 6,284,950

Medical Scholarships ..................... $ 587,000

Regents Opportunity Grants ........... : ... $ 600,000

Regents Scholarships ..................... $ 200,000

Grants to Junior Colleges ................. $ 6,520,444

Rental Payments to Georgia

Military College ....................... $ 225,000

Total Funds Budgeted .................... $ 295,716,701

Departmental Income ..................... $ 1,810,817

Sponsored Income ........................ $ 65,728,209

Other Funds............................. $ 100,304,475

Indirect DOAS Services Funding ........... $ 555,700

State Funds Budgeted .................... $ 127,317,500

Total Positions Budgeted

5,908

Regents Central Office and Other Organized Activities Functional Budgets

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute . . . Georgia Tech
Research Institute

Total Funds
$ 1,116,646
$ 3,416,321 $ 1,058,560
$ 75,632,819

State Funds

Pos.

$ 965,175

27

1,254,017

35

718,560

20

$ 8,289,760

476

2632

JOURNAL OF THE SENATE

Engineering

Extension Division . $ 3,349,708

Agricultural

Experiment Station . . . . $ 42,551,500

Cooperative Extension

Service ............. . $ 39,141,488

Eugene Talmadge

Memorial Hospital . . . . $ 98,083,745

Veterinary Medicine

Experiment Station . . . . $ 2,449,291

Veterinary Medicine

Teaching Hospital

$ 1,980,769

Family Practice

Residency Program . . . . $ 4,850,216

Georgia Radiation

Therapy Center ...... . $ 1,354,897

Athens and Tifton

Veterinary

Laboratories ......... . $ 1,891,348

Regents Central Office . . . $ 18,839,393

Undistributed .......... $

Q

Total ................. . $ 295,716,701

$ 1,792,114 $ 27,100,855 $ 26,844,788 $ 33,464,185 $ 2,449,291 $ 477,458 $ 4,850,216 $ 184,549

52 869 973 3,150 64
55 6 32

$ 87,139

$ 18,839,393

$

_ Q_

$ 127,317,500

48 101
0 5,908

C. Budget Unit: Georgia Public Telecommunications Commission ......... $ 5,186,493

Public Telecommunications Commission Budget:

Personal Services: Educ., Gen., and Dept. Svcs.............. $
Operating Expenses: Educ., Gen., and Dept. Svcs.............. $
Total Funds Budgeted .................... $ State Funds Budgeted .................... $ Total Positions Budgeted Authorized Motor Vehicles

3,658,109
4,599,035 8,257,144 5,186,493
139 14

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 ............. $

51,127,674
32,170,551 1,104,710 1,326,398 40,500 1,842,732 1,225,340 7,103,312 1,945,423 587,770 201,000

FRIDAY, MARCH 8, 1985

2633

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

1,644,000
1,663,187 1,433,600 ' 367,500 2,316,651 54,972,674 3,845,000 51,127,674
1,223 65

Department of Revenue Functional Budgets

Departmental Administration ......
Internal Administration Field Services......... Income Tax .......... Motor Vehicle ........ Central Audit......... Property Tax ......... Sales Tax ............ Undistributed ......... Total ................

Total Funds
$ 5,069,712 $ 8,396,217 $ 11,036,957 $ 6,579,740 $ 12,196,832 $ 4,593,527 $ 3,674,684 $ 3,425,005 $ $ 54,972,674

State Funds

Pos.

5,069,712

72

8,296,221

98

10,946,957 363

5,179,748

148

10,141,832

253

4,593,527

111

3,674,684

56

3,224,993

122

0

51,127,674 1,223

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

$ 16,437,107
10,411,548 1,386,288
196,350 101,800 383,316 175,745 490,731 1,814,119 286,200 441,700 500,000 309,410 16,497,207 16,437,107
373 74

2634

JOURNAL OF THE SENATE

Secretary of State Functional Budgets

Total Funds
Internal Administration . . $ 1,841,502 Archives and Records . . . . $ 4,142,478 Corporations Regulation . . $ 1,537,232
Elections and Campaign Disclosure ........... $ 1,248,767
Securities Regulation . . . . $ 998,861 Drugs and Narcotics . $ 654,948
State Campaign and Financial Disclosure . . . $ 138,697
Occupational
Certification ......... $ 5,934,722 Undistributed .......... . $ Total ................. $ 16.497.207

State Funds

Pos.

$ 1,839,402

42

$ 4,092,478

92

$ 1,535,232

49

$ 1,248,767

15

$ 992,861

23

$ 654,948

15

$ 138,697

3

$ 5,934,722

134

0

$ 16,437,107

373

Occupational Certification Functional Budgets

Accounting .......... $

Architect ............ $

Athletic Trainers

$

Auctioneers .......... $

Barbers .............. $

Chiropractic. ......... $

Construction Industry . $

Cosmetology ......... $

Dentistry ........... $

Dieticians ............ $

Engineers ............ $

Forestry ............. $

Funeral Service ....... $

Geology ............. $

Hearing Aid ......... $

Landscape Architect . . $

Librarians .......... $

Marriage and Family

Therapists ......... $

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 184,908 47,942 1,242 6,242 11,473 11,095 54,563 37,092 56,467 11,500 51,468 3,139 17,463 3,331 4,987 13,523 2,331
30,080 205,418
12,069 59,775 5,218 15,285 2,179 67,179 11,791 3,722 5,734 56,001 11,915

Cost of

(Operations

$ 341,315

$ 118,563

$

3,043

$ 31,275

$ 140,719

$ 105,883

$ 327,706

$ 636,089

$ 273,255

$ 30,000

$ 273,429

$ 30,840

$ 170,228

$ 17,502

$ 19,842

$ 23,896

$ 17,995

$ 147,485 $ 956,652

$ 32,222

$ 670,816

$ 26,810

$ 37,426

$

8,662

$ 378,707

$ 39,703

$

9,462

$ 16,224

$ 468,838

$ 277,840

FRIDAY, MARCH 8, 1985

2635

Psychologists ......... $ Recreation ........... $ Sanitarian ...........$ Speech Pathology ..... $ Used Car Dealers..... $ Used Car Parts....... $ Veterinary ........... $ Wastewater .......... $ Well Water .......... $

15,374 4,871 3,405 4,520 12,019 9,523 35,027 4,932 4,606

$ 66,489 $ 23,164 $ 18,520 $ 19,196 $ 210,360 $ 34,301 $ 95,266 $ 107,713 $ 13,541

Total. .

$ 1,099,409 $ 6,220,977

B. Budget Unit: Real Estate Commission....... $ 1,166,279

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

677,241 107,748 12,500
---0-- 26,000 5,350 192,740 40,450 18,250 86,000 1,166,279 1,166,279
28 12

Real Estate Commission Functional Budget

State Funds Real Estate Commission. $ 1,166,279

Cost of

Operations

Pos.

$ 1,207,229

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 ..................... $ Computer Charges ....................... $ Telecommunications ...................... $ Per Diem, Fees and Contracts ............. $

17,000,215
2,682,778 184,290 52,000 ---0-- 60,000 6,150 235,400 83,940 26,500

2636

JOURNAL OF THE SENATE

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

430,000 3,113,550 10,948,674 4,443,122
36,000
126,300 180,000
139,500
22,748,204 17,000,215
97 1

Georgia Student Finance Commission Functional Budgets

Total Funds

Internal Administration . . $ 3,331,058

Higher Education

Assistance Corporation . $ 430,000

Georgia Student Finance

Authority ............ $ 18,987,146

Undistributed ........... $

--0--

Total .................. $ 22,748,204

State Funds

Pos.

$

--0--

97

$ 330,000

$ 16,670,215

0

$

--0--

0

$ 17,000,215

97

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

908,944
599,139 56,380 54,212
21,670 2,620 1,000 32,867 14,670 126,386 908,944 908,944
20 1

FRIDAY, MARCH 8, 1985

2637

Section 39. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System $ 2,798,000

Departmental Operations Budget:

Personal Services ....................... Regular Operating Expenses ............. Travel ................................ Motor Vehicle Equipment Purchases ...... Publications and Printing ................ Equipment Purchases ................... Computer Charges ..................... Real Estate Rentals .................... Telecommunications ................... Per Diem, Fees and Contracts ........... Postage ............................... Cost-of-Living Increases for
Local Retirement System Members ..... Floor Fund for Local
Retirement Systems .................. Total Funds Budgeted .............. State Funds Budgeted .................. Total Positions Budgeted Authorized Motor Vehicles

1,967,069 74,400 24,000
54,000 12,215 644,346 185,115 102,406 274,000 88,000
1,630,000
1,168,000 6,223,551 2,798,000
67 1

Section 40. Department of Transportation. Budget Unit: Department of Transportation . . $ 439,993,180

For Public Roads and Bridges, for Grants to Coun ties for Road Construction and Maintenance, and for other transportation activities.

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................ Grants to Counties ......... Authority Lease Rentals ....... State of Georgia General
Obligation Debt Sinking Fund Grants to Municipalities .......

$ 159,459,089 $ 44,848,281 $ 1,588,112
1,000,000 811,147
2,342,058 1,759,670 1,086,507 1,716,031 8,991,102 528,616,544 9,317,013 23,260,745
3,458,506 9,317,000

2638

JOURNAL OF THE SENATE

Capital Outlay-- Airport Development ........
Capital Outlay-- Airport Approach Aid and Operational Improvement.
Mass Transit Grants........... Savannah Harbor Maintenance
Payments .................. Spoilage Area Acquisition,
Clearing, Preparation and Dike Reconstruction ......... Fall Line Freeway and Golden Isles Parkway............... Total Funds Budgeted ......... State Funds Budgeted ......... Total Positions Budgeted ....... Authorized Motor Vehicles .....

1,270,000
1,343,000 8,796,429
630,000
1,500,000 811,111,234 439,993,180
6,946 4,800

Department of Transportation Functional Budgets

Total Funds Motor Fuel Tax Budget

Planning and
Construction .......... $ 570,288,975
Maintenance and
Betterments .......... $ 158,423,310 Facilities and Equipment . $ 4,008,247 Assistance to Counties . . . $ 9,317,013 Administration .......... $ 41,808,455 Undistributed ........... $ Total .................. $ 783,846,000

General Funds Budget

Grants to Municipalities . . $ Paving at State and
Local Schools and
State Institutions ...... $ Paving at State Parks
and Historic Sites . $ Air Transportation ...... $ Inter-Modal Transfer
Facilities ............ . $
Harbor Maintenance Facilities ............ . $
Fall Line Freeway and Golden Isles Parkway . . $
Undistributed .......... . $ Total ................. . $

9,317,000
848,500 500,000 1,347,153 13,122,581 630,000 1,500,000
---0-- 27,265,234

State Funds

Pos.

$ 212,980,795
$ 154,238,490 $ 3,408,247 $ 9,317,013 $ 41,358,455
$ 421,303,000

3,005
3,564 0 0
338 0
6,907

$ 9,317,000

$ 848,500

$ 500,000

0

$ 957,153

16

$ 4,937,527

23

$ 630,000

0

$ 1,500,000

0

0

$ 18,690,180

39

FRIDAY, MARCH 8, 1985

2639

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

14,495,760
3,746,182 48,290 82,000 --0-- 18,000 71,964 ---Q-- 193,169 56,500 7,360 --0-- 32,500
8,662,847
4,746,408
25,780 17,691,000 14,495,760
142 1

Veterans Service Functional Budgets

Veterans Assistance. . . Veterans Home and
Nursing Facility -- Milledgeville....... Veterans Nursing Home -- Augusta . . Undistributed ........ Total ...............

Total Funds $ 4,198,541
8,713,552 4,778,907 17,691,000

State Funds

Pos.

$ 3,945,850

142

$ 6,887,352

0

$ 3,662,558

0

0

$ 14,495,760

142

Section 42. Workers' Compensation Board.

Budget Unit: Workers' Compensation

Board ...........................

$

Operations Budget:

Personal Services ......................... $ Regular Operating Expenses ............... $ Travel ..................................$ Motor Vehicle Equipment Purchases ........ $

5,575,823
4,416,252 86,052 57,000 ---0--

2640

JOURNAL OF THE SENATE

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

85,400 15,350 240,292 491,792 73,485 35,500 74,700 5,575,823 5,575,823
149 1

Workers' Compensation Board Functional Budgets

Administration ......... Vocational Rehabilitation Undistributed .......... Total .................

Total Funds $ 5,080,983 $ 494,840
$ 5,575,823

State Funds

Pos.

$ 5,080,983

134

$ 494,840

15

0

$ 5,575,823

149

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).......

$ 171,172,648 $ 30,959,800

Section 44. Provisions Relative to Section 3, Su preme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Su preme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employ ees of the Court, including the cost of purchasing and dis tributing 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.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including sala ries and retirement contributions of judges and employees of the Court.
Section 46. Provisions Relative to Section 5, Supe rior Courts. The appropriations in Section 5 (Superior

FRIDAY, MARCH 8, 1985

2641

Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the pay ment of Judges' salaries, the payment of mileage author ized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mile age and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and Dis trict Attorneys Emeritus; for the cost of staffing and oper ating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is desig nated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 47. Provisions Relative to Section 6, Juve nile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Insti tute of Continuing Judicial Education. The appropria tions in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Geor gia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judi cial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Ju dicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 50. Provisions Relative to Section 10, De partment of Administrative Services. Income to the De partment of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases author ized for all State employees, or unless there is a corre sponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service:
General Services .................. $ 494,112 Data Processing Service ........... $ 45,240,082 Motor Pool Serivce ............... $ 2,260,945 Communication Serivces ........... $ 33,930,255 Printing Services.................. $ 4,740,892

2642

JOURNAL OF THE SENATE

The State Auditor shall report any exceptions or vio lations of this intent in the annual financial audit of the Department of Administrative Services.
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.
Section 51. Provisions Relative to Section 11, De partment of Agriculture. From the appropriation in Sec tion 11 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 is designated and commit ted for livestock shows relating to research and promot ing; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for "on-farm" testing for bru cellosis in cattle to be transported out of Georgia.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers.
The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.
No expenditure from the appropriation in Section 11 relating to Renovation, Construction, Repairs and Main tenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Au thority (Markets).
Section 52. Provisions Relative to Section 16, State Board of Education--Department of Education. From the appropriation in Section 16 (State Board of Educa tion--Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff de velopment program specifically for special education teachers utilized in programs for intellectually gifted stu dents and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools; and $18,601,401 of the compensatory education funds is designated for a compensatory education pro gram for students in grades three through eleven and shall be used for remedial purposes only. Each local sys-

FRIDAY, MARCH 8, 1985

2643

tern's compensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a lo cal system's compensatory education plan justifies the need, the State Board of Education may approve the us age of these funds for remedial purposes in grades one and two.
Compensatory Education funds shall be distributed on the basis of the number of students in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test ad ministered to all students enrolled at these grade levels.
None of the State funds appropriated in Section 16 may be expended to initiate or commence any new pro gram or project which would create a continuing obliga tion of the current funds of the State, unless such pro gram or project has been authorized by the General Assembly.
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 In surance applicable to such salary.
Provided, further, that for systems which do not elect to implement the full day kindergarten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transporta tion; however, allotments shall not exceed the actual cost of mid-day transportation by the local system.
State funds appropriated to local systems for class room teacher salaries on the basis of average daily at tendance in grades 1 through 7 shall be used in the school where earned and shall be used only for the purpose of

2644

JOURNAL OF THE SENATE

funding regular (general education) classroom teachers in grades where earned.
For the purpose of mid-term adjustment in grades 1 through 7, additional units shall be the difference be tween the total earned and total allotted in those grades.
No payments from funds appropriated for Mainte nance and Operation, Sick and Personal Leave and In structional Media for special education teachers shall be made prior to such teaching unit being filled.
Teaching units allocated under Code Section 20-2152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
From the appropriation in Section 16 (State Board of Education--Department of Education) 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 ra tio of 1:20 students in average daily attendance.
Local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 and 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2-157(b)(2), Code Section 20-2-160 and Code Section 20-2-159.
From appropriations in Section 16 (State Board of Education--Department of Education) for salaries rela tive to APEG Code Sections 20-2-152, 20-2-153, 20-2157, 20-2-181, and 20-2-18l(d)(2), funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fis cal year with the prior approval of the Office of Planning and Budget.
The funds appropriated in Section 16 (State Board of Education--Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1986 entitlements were sufficient to cover eligible projects (pursuant to Code Sec tion 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1986.
Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.

FRIDAY, MARCH 8, 1985

2645

Section 53. Provisions Relative to Section 17, Em ployees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribu tion rate by forty-five one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of increases provided on January 1 and July 1 of 1984, and January 1, 1985.
Section 54. Provisions Relative to Section 18, For estry Commission. From the Appropriation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is intended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road main tenance.
Section 55. Provisions Relative to Section 21, Of fice of the Governor. There is hereby appropriated a Gen eral Emergency Fund for meeting expenses deemed emer gencies by the Governor and to be expended by the Governor at his discretion 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 provisions of State law and the Constitution.
Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants--State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Geor gia.
Section 56. Provisions Relative to Section 23, De partment of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemo philia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $100,000 is designated and committed for the purchase of clotting factor for the hemophilia program.
No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State Funds would cause the loss of Federal funds for programs other than advertising.
The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 61% of the stan dards of need; such AFDC payments shall be made from the date of certification and not from the date of applica tion; and the following maximum benefits and maximum standards of need shall apply:

2646

JOURNAL OF THE SENATE

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$ 202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$ 123 187 223 264 301 327 354 376 395 423 453

Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribu tion of funds to the tertiary hospitals shall be on the basis of need and performance equally.
Provided, that of the above appropriation, the De partment of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred other wise.
From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and com mitted to operate the RCW Industries, Inc.
From the appropriation in Section 23, the Depart ment of Human Resources is authorized to provide treat ment for eye disorders, provided that treatment for such disability cannot be obtained from other sources.
The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital.
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.
From the appropriation in Section 23 (Deparment of Human Resources) relating to the Public Health--Fam ily Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be ex pended for those persons qualifying who are not otherwise

FRIDAY, MARCH 8, 1985

2647

covered by any other private or publicly funded program and are determined to need support from the State.
The Roosevelt Warm Springs Institute for Rehabili tation is authorized to use excess agency income for a re pair and maintenance program.
The Department of Human Resources may 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-In stitutional Foster Care be not less than the rates paid for such various services on June 30, 1983.
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 prob lem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, how ever, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is commit ted for funding of the Community Cardiovascular Coun cil Stroke-Screening Program.
From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state resi dential treatment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care.
From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and com mitted for a program of screening and treatment of dia betes in the Columbus area.
Provided, that of the appropriation relating to Bene fits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency cloth ing allowance for foster children over age twelve, not to exceed $300.
Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catch ment area if such client is otherwise eligible to receive services.
It is the intent of this General Assembly that no

2648

JOURNAL OF THE SENATE

money designated for Mental Retardation programs be used in any manner in connection with the statewide al cohol and drug treatment services plan.
All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treat ment services program in Middle Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover ex penses for local programs, excepting private gifts, dona tions and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Re tardation Residential Services, the Department is author ized to make monthly payments to service providers of no more than $406, and the Department is directed to sup plant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Commu nity Mental Retardation Residential Services to use ben efits to contract with private home providers for service or to provide small group living situations or semi-indepen dent living situations for clients and that these residential services be available to clients residing in the community as well as those returning to their communities from in stitutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
No additional Youth Services group homes or com munity treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alco holism and drug abuse.

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From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Ser vices, $33,750 is designated and committed for the pur pose of continuing the work experience component of the Ft. Yargo Group Home Program.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Fos ter Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Department of Offender Rehabilitation to provide ap propriate security coverage for inmate labor at these Hos pitals.
Section 57. Provisions Relative to Section 24, De partment of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) rela tive to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distri bution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.
Section 58. Provisions Relative to Section 25, De partment of Labor. It is the intent of this General Assem bly that all state agencies involved in building inspec tions, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of ef fort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees con cerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency.
Section 59. Provisions Relative to Section 27, De partment of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health.
Provided, that of the appropriation in Section 27, no funds for the payment of Medicaid Benefits may be ex pended for the purpose of reimbursing return-on-equity for hospitals.
Section 60. Provisions Relative to Section 28, Merit System of Personnel Administration. The employer contribution paid by the State for Teachers' Health In-

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surance shall be for State-allotted teachers and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assign ment of Required Local Effort.
The Department is authorized to assess no more than $116.81 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 State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 61. Provisions Relative to Section 29, De partment of Natural Resources. No land shall be pur chased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically pro vided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facili ties Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Re sources.
To the extent that State Parks and Historic Sites re ceipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess re ceipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to in clude repairs and maintenance of State Parks and His toric Sites facilities.
Section 62. Provisions Relative to Section 30, De partment of Offender Rehabilitation. Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county.
From the appropriation in Section 30 (Department of Offender Rehabilitation) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project.
With respect to the Legal Services Program for in mates, lawyers, law students and/or employees are pro hibited from soliciting for filing of writs.

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The Department shall not start any new community center programs with Federal funds without the prior ap proval of the General Assembly of Georgia.
Section 63. Provisions Relative to Section 31, De partment of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction re port.
To the extent that Federal funds are realized in ex cess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to pro ject grants.
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. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. The Department of Adminis trative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
Section 64. Provisions Relative to Section 34, Re gents, University System of Georgia. 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 contri bution applicable to such salary to the Teachers' Retire ment System.
No funds realized by the State Board of Regents of the University System or by any college or university from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant pur poses until made available by written approval of the Of fice of Planning and Budget, in accordance with the pro visions of the Budget Act, as amended.
Revenue from student fees that exceeds 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 Subcommittees of the

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House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limita tion. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
The l'/2% Personal Services continuation factor in corporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2Vi% merit-type increases.
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 Subcommittees.
The payment of Grants to Junior Colleges shall be based on a rate of $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.
Section 65. Provisions Relative to Section 35, De partment of Revenue. From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,433,600 is designated and committed for the sole purpose of contracting for the production of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production.
Section 66. Provisions Relative to Section 37. From the appropriation in Section 37 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teach ers: Not to exceed $30,000
E) Students who are to become mathematics or sci ence teachers: Not to exceed $300,000

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The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sec tions 20-3-410 through 20-3-416.
Section 67. Provisions Relative to Section 40, De partment of Transportation. In order to meet the require ments for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and ex ecution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administra tive Services.
Grants to Counties for aid in county road construc tion and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same pro portion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for fourlaning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collec tion of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.
Functions financed with General Fund appropria tions shall be accounted for separately and shall be in ad dition to appropriations of Motor Fuel Tax revenues re quired under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 3640-46), and shall be distributed and disbursed on a quar-

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terly basis, such payments to be made on the last day of each quarter.
Bus rental income may be retained to operate, main tain and upgrade department-owned buses, and air-trans portation service income may be retained to maintain and upgrade the quality of air transportaion equipment.
Of the above appropriation $800,000 is designated and committed for preliminary engineering location, envi ronmental and traffic studies, and mapping for the Fall Line Freeway.
State funds for any airport development project shall not exceed local funds for such project, except for air ports owned by the State of Georgia.
Of the above appropriation $1,200,000 is designated and committed for preliminary engineering, location, en vironmental and traffic studies, and mapping for the Fall Line Freeway, a multi-lane highway originating at Co lumbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied.
Of the above appropriation $300,000 is designated and committed for preliminary engineering, location, en vironmental and traffic studies, and mapping for the Golden Isles Parkway from 1-75 along U.S. 341 to 1-95.
Section 68. Provisions Relative to Section 41, De partment of Veterans Service. From the appropriation in Section 41 (Department of Veterans Service), the De partment of Veterans Service is authorized to utilize up to $280,000 of operating funds to match Federal funding if it becomes available to design a veterans nursing home in Georgia.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 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 $7,967,102 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 ($7,832,102 Budget Unit "C") in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly ba sis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.

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Section 70. Appropriations to the object class "Au thority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to an other sinking fund.
Section 71. Each State agency utilizing xero graphic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commis sion, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop 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 busi ness. Except 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 con ditions 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 73. To the extent to which Federal funds become available in amounts in excess of those contem plated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been ap propriated to supplant Federal funds, which such sup planted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio exper ienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its

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budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appro priations Committees of the Senate and House of Repre sentatives of the instances of noncompliance with the stated intent of this Section.
Section 74. Each agency for which an appropria tion is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activ ity and function contained in this Appropriations Act.
Section 75. 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 76. No State appropriations authorized under this Act shall be used to continue programs cur rently funded entirely with Federal funds.
Section 77. 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.
Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any rea son any of the sums herein provided under any other pro vision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institu tion involved, an amount sufficient to satisfy such defi ciency in full and the lease payment constitutes a first charge on all such appropriations.

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The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 79. 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 1985 regular ses sion, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Exec utive Branch between objects, functional budgets, pro grams 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 Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcom mittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch 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 recommendations 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 80. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject classification following such term shall apply to the total expenditures with the Budget Unit, and shall super sede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all

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transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 81. 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 82. 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 reappropriated by the Georgia General Assembly. This provi sion shall not apply to project grant funds not appropriated in this Act.
Section 83. 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 amount so in excess, as determined by the Office of Plan ning and Budget, shall cease to be an obligation of the State.
Section 84. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,582,477 for the purposes described herein: 1) An increase of 7% with a minimum of $700 per annum for full-time employees of the Executive, Judi cial and Legislative branches of State government, effec tive July 1, 1985; 2) An increase from $14,329 to $16,000 for the T-4 entrance level and a restructuring of the teacher salary schedule, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after comple tion of one year of experience and permanent certifica tion, effective the following month, effective September 1,

FRIDAY, MARCH 8, 1985

2659

1985; 3) For school bus drivers and lunchroom workers a 7% increase to be effective July 1, 1985; 4) For Univer sity System employees, a 7% salary increase to be effec tive September 1, 1985 for academic contracted person nel; 5) A 7% salary increase, effective July 1, 1985, for non-academic personnel, and fiscal year contracted per sonnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Ex tension Service and the Agricultural Experiment Sta tions; 6) An increase of 7% for State officials whose sal ary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4, except as prohibited by HB 270 as passed in the 1985 Regular Ses sion of the Georgia General Assembly.
Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Pro vided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $11,301,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of county and independent school systems throughout the State of Geor gia, including land, property, school buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, under the jurisdic tion of the State Board of Education, through the issu ance of not more than $94,175,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $868,800 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement, and improvement of public library facilities for county and independent school sys tems, counties, municipalities, boards of trustees of public libraries, and boards of trustees of public library systems throughout the State of Georgia, including land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, under the jurisdiction of the State Board of Educa tion, through the issuance of not more than $7,240,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $960,000 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement, and improvement of kin dergarten facilities for county and independent school systems throughout the State of Georgia, including land,

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property, buildings, structures, equipment, and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $780,000 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement, and improvement of facili ties at Amicalola Falls State Park of the Department of Natural Resources, including land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,710,000 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 of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $39,250,000 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, $780,000 is specifically appropriated for the pur pose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of Savan nah harbor dikes and sites for deposit of spoilage from dredging by the Department of Transportation, including land, waters, property, structures, equipment and facili ties, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,900,000 is specifically appropriated for the pur pose of financing the construction, development, and equipping of a microelectronics center at the Georgia In stitute of Technology under the jurisdiction of the Board of Regents of the University System of Georgia through the issuance of not more than $15,000,000 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, $5,980,000 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 facilties, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the issu ance of not more than $23,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,080,000 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 $8,000,000 in principal amount of General Obligation Debt.
Section 86. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1986 ........... $ 4,838,000,000.
Section 87. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 88. 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 226.

On the motion, 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

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Fincher Foster Garner Gillis GHraererinse Hine Holloway Horton Howard

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Huggins Kennedy Kidd Langford MMccGKielnl zie
Peevy
Phillips
Ray
Reddish

Scott of 2nd Starr Stumbaugh jate TTi.m__m,,o,,n,,s
Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Harrison Hudgins

Land Perry

Scott of 36th Tolleson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 226.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Coleman of the 1st moved that the Senate insist upon the Senate substi tute to HB 705.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 705.

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.

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Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 188, and that a Conference Com mittee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate
adhered to its disagreement to the House amendment to the Senate amendment to HB 188.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Kidd of the 25th, Hudgins of the 15th and Brannon of the 51st.

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.

Senator Bond of the 39th moved that the Senate adhere to the Senate substitute to HB 583, 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 583.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Bond of the 39th, Horton of the 17th and Barker of the 18th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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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.

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 following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

The Conference Committee report on HB 907 was as follows:
The Committee of Conference on HB 907 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 907 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District
/s/ Donn M. Peevy Senator, 48th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Donald F. Oliver Representative, 1st District
/s/ Warren D. Evans Representative, 84th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

FRIDAY, MARCH 8, 1985

2665

Conference Committee substitute to HB 907:

A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relative to revision of a judgment for permanent alimony or child support; to change the period of time relative to pendency of an action for revision; to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed; to provide that, in any case involving child support in which paternity is made an issue, the court may order that blood tests be taken; 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. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-6-19, relating to revision of a judgment for permanent ali mony or child support, and inserting in its place a new subsection (c) to read as follows:
"(c) When an action for revision of a judgment for permanent ali mony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider ev idence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial."
Section 2. Said title is further amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation of children, and in serting in its place a new Code Section 19-7-22 to read as follows:
"19-7-22. A father of an illegitimate child may render the same le gitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presenta tion and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known."
Section 3. Said title is further amended by adding at the end of Code Section 19-7-43, relating to petitions to establish paternity, a new subsec tion, to be designated subsection (d), to read as follows:

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"(d) In any case involving child support in which the paternity of a child is made an issue, the court, in its discretion, may order the mother, the alleged father, and the child to submit to blood tests as specified in Code Section 19-7-45. Appropriate orders shall be issued in accordance with the provisions of this article."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th moved that the Senate adopt the Conference Commit tee report on HB 907.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins

Deal English Engram Foster Garner Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Langford McGill Peevy Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Barker Bryant Dean Fincher

Gillis Harrison Land McKenzie

Perry Scott of 2nd Tysinger

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 907.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

FRIDAY, MARCH 8, 1985

2667

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.
Senate Sponsor: Senator Stumbaugh of the 55th.

The Senate Committee on Insurance offered the following substitute to HB 747:

A BILL
To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, insur ance rates, and related organizations, so as to provide the time for filing with the Insurance Commissioner certain insurance premium rates which are determined by contract; to provide for the issuance of binders; to provide for challenge by the Insurance Commissioner; to provide for the use of cer tain rates if a challenge is upheld or if there is no challenge or if a challenge is not upheld; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rule making, insurance rates, and related organizations, is amended by striking Code Section 33-9-32, relating to the validity of contracts to use insurance premium rates in excess of or lower than generally applicable rates, in its entirety and inserting in lieu thereof a new Code Section 33-9-32 to read as follows:
"33-9-32. Nothing contained in this chapter shall be deemed to pro hibit an insurer and its insured from contracting to use a rate on a spe cific risk or risks which is in excess of or lower than that otherwise appli cable, provided that the contract and rate deviation by consenting parties have been filed with the Commissioner prior to the use of the rate in accordance with the procedures, conditions, and limitations as may be established by the Commissioner; and provided, further, that, if the re sulting premium exceeds $1,000.00, a binder of coverage may be issued and the contract and rate deviation shall be filed within 20 days after the issuance of the binder. Such contract and rate deviation shall be subject to challenge by the Commissioner for a period of ten days after filing. If such challenge is upheld, the insurer shall be required to use its regular filed rates for the first 30 days of coverage in accordance with the re quirements of applicable law. If there is no challenge or if a challenge is not upheld, the contract and rate deviation agreed upon may be used from and after the effective date of the binder."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bond Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner

Those not voting were Senators:

Albert Barker Bowen Brannon Bryant

Cobb Dean Garner Howard
McKenzie

Perry Scott of 2nd Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 917.

By Representative Watson of the 114th:
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,

FRIDAY, MARCH 8, 1985

2669

relating to public utilities and public transportation, so as to provide for findings of the General Assembly; to designate a responsible state agency.
Senate Sponsors: Senators Huggins of the 53rd and Horton of the 17th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal English Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land McGill

Peevy Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Allgood Baldwin Bowen Brannon Bryant

Cobb Dean Engram Fincher Huggins

Langford McKenzie Perry Reddish Tysinger

On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

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

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health care facilities to submit reports of certain health care information to the Health Planning Agency.
Senate Sponsor: Senator Hine of the 52nd.

The Senate Committee on Human Resources offered the following substitute to HB 483:

A BILL
To be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to health planning and development, so as to require each hospital in the state to submit reports of certain health care information to the Health Planning Agency; to empower the agency to implement rules and regulations regarding such reports; to provide sanctions for failure to submit properly such reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to health planning and development, is amended by adding at the end thereof a new article, to be designated Article 4, to read as follows:
"ARTICLE 4
31-6-70. (a) There shall be required from each hospital in this state a semiannual report of certain health care information to be submitted to the planning agency. The report shall be due on the last day of January and July and shall cover the six-month period preceding each such month.
(b) The report required under subsection (a) of this Code section shall contain the following information:
(1) Total gross revenues;
(2) Bad debts;
(3) Amounts of free care extended, excluding bad debts;
(4) Contractual adjustments;
(5) Amounts of care provided under a Hill-Burton commitment;
(6) Amounts of charity care provided to indigent persons;
(7) Amounts of outside sources of funding from governmental enti ties, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and
(8) For cases involving indigent persons:
(A) The number of persons treated;

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(B) The number of inpatients and outpatients;
(C) Total patient days;
(D) The number of patients categorized by county of residence; and
(E) The indigent care costs incurred by the hospital by county of residence.
(c) As used in subsection (b) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline.
(d) The planning agency shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section.
(e) In the event that the planning agency does not receive a semian nual report from a hospital within 30 days following the date such report was due or receives a timely but incomplete report, the planning agency shall notify the hospital regarding the deficiencies.
(f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submit ted the semiannual reports required by subsection (a) of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, 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 Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Coleman
Coverdell
Deal
English Fincher

Foster Gillis Greene Harris Harrison Hine Horton Howard Kidd
Land
Langford
McGill Peevy

Phillips Ray Scott of 2nd Scott of 36th Starr c. , , Stumbaugh late Timmons
Tolleson
Trulock
Turner Walker

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Those not voting were Senators:

Allgood Baldwin Barker Bowen Bryant Cobb

Dawkins Dean Engram Garner Holloway Hudgins

Huggins Kennedy (presiding) McKenzie
Perry Reddish Tysinger

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Coverdell Deal English Fincher

Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Kidd Land McGill

Peevy Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Allgood Baldwin Barker Bowen Bryant Cobb Coleman

Dawkins Dean Engram Holloway Hudgins Huggins Kennedy (presiding)

Langford McKenzie Perry Ray Reddish Tysinger

On the passage of the bill, the yeas were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, MARCH 8, 1985

2673

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 653:

A BILL
To be entitled an Act to amend Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Training Council Act," so as to provide exemptions from such Act for certain magistrates who are active members of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, known as "The Georgia Magistrate Courts Training Council Act," is amended by striking paragraph (1) of Code Section 15-10131, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Certified magistrate' means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Section 15-10-137."
Section 2. Said article is further amended by adding at the end of Code Section 15-10-137, relating to training requirements of certified magistrates, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article, any magis trate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by this Code section, but shall thereafter be required to attend the annual training required by subsec tion (c) of this Code section."
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.

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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 Broun of 46th Brown of 47th Burton Coleman Coverdell Deal

English Fincher Foster Gillis Greene Harris Harrison Holloway Horton Hudgins Kidd Langford

Voting in the negative was Senator Hine.

McGill Peevy Phillips Ray Scott of 2nd Starr Stumbaugh Tate Tirnmons Tolleson Turner

Those not voting were Senators:

Allgood Bowen Brantley Bryant Cobb Dawkins Dean

Engram Garner Howard Muggins Kennedy (presiding) Land McKenzie

Perry Reddish Scott of 36th Trulock Tysinger Walker

On the passage of the bill, the yeas were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 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.

FRIDAY, MARCH 8, 1985

2675

The House substitute to SB 140 was as follows:

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 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

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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) Any sum payable on checks certified in this state or on written 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 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 banking or financial organization concerning it or has otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial or ganization; 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-

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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 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

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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;
(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 an owner who had been a resident, patient, or inmate in any institution or facility operated by the Department of Human Resources or the Department of Offender Rehabilitation, which property has remained unclaimed by the owner or guardian of the owner for more than five years, is presumed abandoned.
(c) Any inmate or other person in the custody of the 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

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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. (a) All intangible personal property not otherwise cov ered by this article except traveler's checks, including any income or in crement thereon and deducting any lawful charges, is presumed aban doned 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 payable or distributable.
(b) Any sum payable on traveler's checks issued in this state for which any person or entity is directly liable and which have been out standing for more than 15 years from the date of issuance is presumed abandoned unless the owner has within 15 years corresponded in writing with the person or entity liable on the traveler's check concerning the traveler's check or has otherwise indicated an interest as evidenced by a memorandum on file with the person or entity liable on the traveler's check; and with respect to traveler's checks this subparagraph shall con trol over any other provisions of this article relating to particular types of entities."
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.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 140.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell

Deal Engram Foster Gillis Greene Harrison Hine Holloway Horton Hudgins Huggins

Kidd Land Langford McGill Peevy Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate

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Timmons

Tolleson

Turner

Those not voting were Senators:

Albert Bowen Brantley Bryant Cobb Dawkins Dean

English Fincher Garner Harris Howard Kennedy (presiding) McKenzie

Perry Ray Reddish Trulock Tysinger Walker

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 140.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 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.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

FRIDAY, MARCH 8, 1985

2681

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.

The House substitute to SB 252 was as follows:

A BILL
To be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provi sions relating to the qualifications of a coroner; to change the provisions relating to the bond required of a coroner; to change the provisions relating to fees of coroners; to change the designations of certain Code sections; to change the provisions relating to the duties of the coroner, medical exam iner, and peace officer at the scene of a death; to provide procedures for positive identification of dead bodies through dental examinations, under certain circumstances; to provide for the filing of such dental examinations; to change the provisions relating to persons who may act in absence of coro ner and perform the duties of a coroner; to change the provisions relating to the removal of a dead body; to change the provisions relating to the removal of a dead body across a state line; to change the provisions relating to the authorization of removal of a dead body for convenience of examination; to change the provisions relating to the report of examination and investiga tion; to repeal a specific bill; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, is amended by striking in its entirety Code Sec tion 45-16-1, relating to the election, commission, and removal of coroners, and inserting in lieu thereof a new Code Section 45-16-1 to read as follows:
"45-16-1. (a) Coroners are elected, commissioned, and removed as clerks of the superior courts are; and coroners shall hold their offices for four years.
(b) (1) No person shall be eligible to offer for election to or hold the office of coroner unless he:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which he seeks the office of coroner for at least two years prior to his qualifying for the election to the office;
(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of qualifying

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for election to the office. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;
(E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; and
(F) Has not been convicted of a felony offense or any offense involv ing moral turpitude contrary to the laws of this state, any other state, or the United States.
(2) Each person offering his candidacy for the office of coroner shall file an affidavit with the judge of the probate court or county board of elections prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection."
Section 2. Said chapter is further amended by striking in its entirety Code Section 45-16-4, relating to the bond required of a coroner, and in serting in lieu thereof a new Code Section 45-16-4 to read as follows:
"45-16-4. A coroner shall give bond and surety in the sum of $12,500.00 at the same time as he takes the oath provided for in Code Section 45-16-3. He is liable for retaining moneys collected or for other wise failing to do his duty as sheriffs are and is subject to the same proceedings."
Section 3. Said chapter is further amended by striking in their entirety Code Sections 45-16-6 through 45-16-9, which read as follows:
"45-16-6. (a) Coroners' fees shall be as follows:
(1) For summoning an inquest on a dead body and returning an inquisition ....................................... $50.00
(2) For furnishing coffin and burial expenses ............. 15.00
(b) When performing the duties of a sheriff, the coroner's fees are the same as a sheriffs. No coroner shall receive out of the county trea sury more than $1,500.00 per annum either as fees for holding inquests or for burying dead bodies.
(c) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coro ner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section.
45-16-7. As soon as practicable after July 1, 1980, and at the begin ning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code sec tion. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy

FRIDAY, MARCH 8, 1985

2683

coroner shall act as coroner only when the coroner is himself unable to act.
45-16-8. (a) No person shall be eligible to hold the office of coroner or deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any coroner who is in office on July 1, 1980, how ever, shall without limitation be eligible to serve as coroner or deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection.
(b) During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court.
45-16-9. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his dep uty refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.",
and inserting in lieu thereof new Code Sections 45-16-6 through 45-16-9 to read as follows:
"45-16-6. During every calendar year they are in office, every coro ner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court.
45-16-7. (a) As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more additional deputy coroners may be appointed for any county, in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself una ble to act.
(b) No person shall be eligible to hold the office of deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any deputy coroner who is in office on July 1, 1980, however, shall with out limitation be eligible to serve as deputy coroner at any time after said

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date without regard to whether he or she meets the requirements of this subsection.
45-16-8. If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his dep uty refuses to serve a writ or other process, then the clerk of the court from which the process issues shall place the process in the hands of the coroner for execution. The clerk may compel the sheriff to return the writ or other process to the clerk's office in order to allow for execution by the coroner.
45-16-9. (a) When performing the duties of a sheriff, the coroner's fees are the same as a sheriffs.
(b) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coro ner upon an annual salary or authorizes any coroner to receive fees in excess of those specified in this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-22, relating to the authority and power of the Division of Forensic Sciences of the Georgia Bureau of Investigation generally, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For each post-mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $75.00; and, in cases where dissection of the body is required, he shall receive a fee of $250.00 for a partial post-mortem ex amination and autopsy and a fee of $350.00 for a complete post-mortem examination and autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner."
Section 5. Said chapter is further amended by striking Code Section 45-16-25 in its entirety and inserting in lieu thereof a new Code Section 4516-25 to read as follows:
"45-16-25. (a) Upon receipt of the notice required by Code Section 45-16-24, the coroner shall immediately take charge of the dead body and it shall be his duty to summon a medical examiner and proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. They shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death, the coroner shall assume the responsibil ity of such officers at the scene of death. The medical examiner shall perform a post-mortem examination or autopsy, reducing his findings to

FRIDAY, MARCH 8, 1985

2685

writing and filing them with the director of the division upon report forms to be furnished by said director. The medical examiner, at any time when he deems it necessary, may have the body embalmed for pres ervation prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 45-1644 for payment of burial expenses.
(b) When positive identification of dead bodies has not been estab lished conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical charac teristics, such as prosthetic appliances, or by comparison of skeletal x-rays, including previous fractures, or by amputations, the medical ex aminer must either chart or x-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by re moval of the jaws with teeth to the dentist's office. The dentist shall chart the deceased dentition and make two copies, one of which shall be filed with the autopsy report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his discretion, make such x-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for x-rays. These fees shall be paid by the county of coroner's or medical examiner's jurisdiction.
(c) The coroner shall, in the absence of the next of kin of the de ceased person, take possession of all property of value found on such per son, make an exact inventory thereof on his report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects as may be necessary or useful in determin ing the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction."
Section 6. Said chapter is further amended by striking Code Section 45-16-26 in its entirety and inserting in lieu thereof a new Code Section 4516-26 to read as follows:
"45-16-26. When there is no coroner or deputy coroner in a county or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical exam iner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held."
Section 7. Said chapter is further amended by striking in its entirety

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Code Section 45-16-29, relating to the removal of a dead body generally, and inserting in lieu thereof a new Code Section 45-16-29 to read as follows:
"45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner present at such investigation; or, if no coroner is present, the peace officer shall authorize such removal."
Section 8. Said chapter is further amended by striking in its entirety Code Section 45-16-30, relating to the transport of a dead body across a state line, and inserting in lieu thereof a new Code Section 45-16-30 to read as follows:
"45-16-30. No person shall move or transport a body across a Geor gia state line until the investigation of the case and the post-mortem ex amination or autopsy by the medical examiner are complete and until the removal of the body is authorized by the coroner. Any person who vio lates this Code section shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both."
Section 9. Said chapter is further amended by striking in its entirety Code Section 45-16-31, relating to the authorization of removal of a dead body for convenience of examination, and inserting in lieu thereof a new Code Section 45-16-31 to read as follows:
"45-16-31. When the deceased body lies in a place inconvenient for holding a post-mortem examination or autopsy, the medical examiner or coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue. If neither the coroner nor the medical examiner is immediately available, the peace officer may assume the au thority to have the body moved to such facility. When such facility is not reasonably available, the body may be removed to such other suitable place as may be designated by the coroner or the medical examiner or by the peace officer in charge in the absence of the coroner or medical ex aminer. If the peace officer in charge is present, no such body shall be removed until photographs of the body and surrounding premises have been made and a thorough investigation of the premises has been made by the proper investigating authorities."
Section 10. Said chapter is further amended by striking in its entirety Code Section 45-16-32, relating to report of examination and investigation, and inserting in lieu thereof a new Code Section 45-16-32 to read as follows:
"45-16-32. The medical examiners and peace officers in charge shall file in triplicate a report of each post-mortem examination or autopsy and each investigation with the director of the division, who shall assign to the reports an appropriate division file number and return one copy of the post-mortem examination or autopsy report to the medical examiner, re turn one copy of the investigation report to the peace officer in charge, and forward one copy each of the post-mortem examination or autopsy report and the investigation report to the coroner. The coroner shall maintain permanent records of such reports. The coroner may file all original reports with the clerk of the superior court of the county. In

FRIDAY, MARCH 8, 1985

2687

cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit with their reports any specimens, samples, or other evidence to the division for verification. In cases where reports indicating foul play are verified by the division, the director of the division shall cause additional copies of such verified re port to be made and transmitted to the appropriate prosecuting attorney where the acts or events leading to the death occurred. For each investi gation made and report filed pursuant to this Code section by a peace officer in charge compensated wholly by fees, the county upon which the expense of a post-mortem examination or autopsy is imposed by this arti cle shall pay to such officer a fee of $10.00. If the peace officer in charge is compensated by a fixed salary or a part-time salary, no such fee shall be imposed upon the county."
Section 11. This Act shall specifically repeal in its entirety HB 255 which passed the 1985 session of the General Assembly.
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

Senator Harris of the 27th moved that the Senate agree to the House substitute to SB 252.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond
owen BBrroanunnoonf 46th Brown of 47th Burton Coleman Coverdell Deal Dean English

Engram Fincher Foster Gillis Greene
Harris H,,ar,,rison Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill Peevy Phillips Ray
Scott of 2nd S,,,cott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner

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Those not voting were Senators:

Barnes Brantley Bryant Cobb Dawkins

Garner Mine Kennedy (presiding) McKenzie

Perry Reddish Tysinger Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 252.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

Senator Fincher of the 54th moved that the Senate adhere to the Senate substitute to HB 615, 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 615.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Engram of the 34th, Fincher of the 54th and Kidd of the 25th.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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.
Senate Sponsors: Senators Dean of the 31st and Greene of the 26th.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

FRIDAY, MARCH 8, 1985

2689

Amend HB 205 by adding on line 7 of Page 1, following "machines" the following:
"; to provide for definitions".
By striking lines 5 through 8 of Page 2 and inserting in lieu thereof the following:
"(b) (1) As used in this subsection, the term:
(A) 'Antique slot machine' means a gambling device manufactured for use as a slot machine before 1950.
(B) 'Conviction,' for the purposes of this subsection, includes a plea of nolo contendere to a felony."

On the adoption of the amendment, the yeas were 14, nays 18, and the amend ment was lost.

Senator Greene of the 26th offered the following substitute to HB 205:

A BILL
To be entitled an Act 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; to provide certain definitions; to provide that certain antique slot machines shall not be contraband and subject to seizure and destruction, except under certain circumstances; to make it unlawful for certain persons to own or possess antique slot machines; to make it unlawful for any person to use or allow the use of antique slot machines for gambling purposes; to make it unlawful to have antique slot machines on certain premises or in certain establishments; to provide for the disposition of antique slot machines seized in connection with unlawful activities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Section 16-12-24, relating to possession, manufacture, or transfer of gambling devices or parts, and inserting in lieu thereof a new Code Section 16-12-24 to read as follows:
"16-12-24. (a) A person who knowingly owns, manufactures, trans fers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly or essential part of such device is guilty of a misdemeanor of a high and aggravated nature.

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(b) (1) As used in this subsection, the term:
(A) 'Antique slot machine' means a coin operated, nonelectronic mechanical gambling device that pays off according to the matching of symbols on wheels spun by a handle and was manufactured in its en tirety, except for identical replacement parts, prior to January 1, 1950.
(B) 'Conviction' includes a plea of nolo contendere to a felony.
(2) It shall be a defense to any action or prosecution under this Code section for possession of a gambling device that the device is an antique slot machine and that said device was not being used for gam bling; provided, however, the defense shall not be available to any person who has been convicted of a felony in this or any other state or under federal law and provided, further, that this defense shall not be available if the antique slot machine is on the premises of a private or public club or in an establishment where alcoholic beverages are sold.
(3) Any antique slot machine seized as a result of a violation of this Code section shall be contraband and subject to seizure and destruction as provided in Code Section 16-12-30. An antique slot machine seized for a violation of this Code section shall not be destroyed, altered, or sold until the owner has been afforded a reasonable opportunity to present evidence that the device was not operated for unlawful gambling or in violation of this Code section. If the court determines that the device is an antique slot machine and was not operated or possessed in violation of this or any other Code section, such device shall be returned to its owner."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-12-30, relating to seizure and destruction of gambling devices, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of Code Section 16-12-24, every gambling device is declared to be contraband and subject to seizure and confiscation by any state or local authority within whose jurisdiction the same may be found."
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 as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, MARCH 8, 1985

2691

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dean English

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner

Those voting in the negative were Senators:

Brannon

Deal

Huggins

Those not voting were Senators:

Brantley Cobb Dawkins

Engram Kennedy (presiding) McKenzie

Scott of 2nd Tysinger Walker

On the passage of the bill, the yeas were 44, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

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 on the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.
Senate Sponsor: Senator Burton of the 5th.

The Senate Committee on Judiciary offered the following substitute to HB 651:
A BILL
To be entitled an Act to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to the qualifications and restrictions on the practice of law for magistrates, so as to change the provisions relating to

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JOURNAL OF THE SENATE

the restrictions on the practice of law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-22 of the Official Code of Georgia Anno tated, relating to the qualifications and restrictions on the practice of law for magistrates, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A magistrate who is an attorney may practice in other courts but may not practice in any magistrate court or appear in any matter as to which any magistrate court has exercised any jurisdiction."
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 ond
BBBrrrooawunnnnoonoff 4467tthh Bryant g urton Coleman Coverdell Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harris HI"Tam. rfrison
Holloway Horton
Howard Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray
Reddish SS,,ccoo.tt.tt ooff,. 32_n6,.dt,h
Starr Stumbaugh
Tate Timmons Tolleson Trulock Turner

Those not voting were Senators:

Brantley Cobb Dawkins

Kennedy (presiding) McKenzie

Tysinger Walker

FRIDAY, MARCH 8, 1985

2693

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 16 was as follows:

A BILL
To be entitled an Act to amend Code Section 51-2-7 of the Official Code of Georgia Annotated, relating to liability for injuries caused by ani mals, so as to change the conditions under which owners and keepers of animals may be liable for injuries caused by their animals; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-2-7 of the Official Code of Georgia Anno tated, relating to liability for injuries caused by animals, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 51-2-7 to read as follows:
"51-2-7. A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The forego ing sentence shall not apply to domesticated livestock."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Senator Barnes of the 33rd moved that the Senate agree to the House substitute to SB 16.

On the motion, 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 Coleman Coverdell Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd

Land Langford McGill Peevy Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Brantley Cobb Dawkins

Holloway Kennedy (presiding) McKenzie

Perry Tysinger Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 16.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 82. By Representatives Brown of the 88th, Brooks of the 34th, McKinney of the 35th and others:
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.
Senate Sponsor: Senator Bond of the 39th.

FRIDAY, MARCH 8, 1985

2695

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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 Coleman Coverdell Deal Dean Engram Foster

Garner Gillis Greene Harris Harrison Hine Holloway 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 Walker

Those not voting were Senators:

Barnes Brantley Burton Cobb

Dawkins English Fincher

Kennedy (presiding) McKenzie Tysinger

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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.

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Senator Greene of the 26th moved that the Senate adhere to its disagreement to the House substitute thereto, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 2; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 170.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following:

Senators Greene of the 26th, Barnes of the 33rd and Peevy of the 48th.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 226.

By Senator Harris of the 27th:
A resolution urging and requesting the United States Department of Transportation and the Federal Highway Administration to allow the use of certain specified trucks on the interstate system of highways in the State of Georgia until April 1, 1988.

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 Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Walker

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2697

Those not voting were Senators:

Barker Barnes Brantley Cobb

Dawkins Fincher Harrison Kennedy (presiding)

McKenzie Trulock Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

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 House has adopted the report of the Committee of Conference on the follow ing bill 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.

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The House insists on its position on House amendment #2 to the following bill of the Senate:

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 House adheres to its substitute and has appointed a Committee of Conference on the following bill of the Senate:

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.

The Speaker has appointed on the part of the House, Representatives Evans of the 84th, Groover of the 99th and Chambless of the 133rd.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, an nounced the Senate would stand in recess from 12:20 o'clock P.M. until 1:45 o'clock P.M.

At 1:45 o'clock P.M., the President called the Senate to order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 539.

By Representatives Pettit of the 19th and Hanner of the 131st:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records.
Senate Sponsors: Senators Dawkins of the 45th and Peevy of the 48th.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

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2699

Amend HB 539 by inserting on line 3 of Page 4 after the word "occa sion" the following:

By striking from line 13 of Page 4 the following: "this Code section",
and inserting in lieu thereof the following: "Code Section 40-8-60".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Dawkins Deal

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

Those not voting were Senators:

Howard Kennedy Kidd Peevy Phillips Ray Reddish Scott of 2nd Starr Tolleson Trulock

Bond Brannon Brantley Cobb Coleman

Coverdell Dean Fincher Hudgins Huggins

Land Langford McGill
McKenzie (excused) Perry

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Scott of 36th Stumbaugh Tate

JOURNAL OF THE SENATE

Timmons Turner

Tysinger Walker

On the passage of the bill, the yeas were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:

SR 235. By Senators Turner of the 8th, McKenzie of the 14th and Bowen of the 13th:
A resolution urging continuation of the General Revenue Sharing program.

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

The resolution was adopted.

The following resolutions of the Senate were read and adopted:

SR 257. By Senator Timmons of the llth: A resolution commending Dr. George Gambill.

SR 258. By Senator Phillips of the 9th: A resolution recognizing and commending Parkview High School.

FRIDAY, MARCH 8, 1985

2701

SR 259. By Senator Broun of the 46th: A resolution expressing grateful appreciation to General Albert B. Jones.

SR 260. By Senator Dean of the 31st: A resolution commending the Bremen Rotary Club.

SR 261. By Senators Garner of the 30th and Barnes of the 33rd: A resolution relative to the chiropractic profession.

SR 262. By Senator Dean of the 31st: A resolution commending Honorable W. M. Moss.

SR 263. By Senator Dean of the 31st: A resolution commending the Tallapoosa Lions Club.

SR 264. By Senator Dean of the 31st: A resolution commending the Bremen Lions Club.

SR 265. By Senator Dean of the 31st: A resolution commending the Rockmart Yellow Jackets Wrestling Team.

SR 266. By Senator Dean of the 31st:
A resolution expressing regret at the passing of Laban Pink "Pinky" Al ien, Jr.

SR 267. By Senator Dean of the 31st: A resolution commending the Tallapoosa Jaycees.

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SR 268. By Senator Dean of the 31st: A resolution commending the Buchanan Lions Club.

SR 269. By Senator Dean of the 31st: A resolution commending the Pilot Club of Haralson County.

SR 270.

By Senator Dean of the 31st:
A resolution commending the Bremen Business and Professional Women's Club.

SR 271. By Senator Dean of the 31st: A resolution commending the Buchanan Woman's Club.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 614.

By Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd and others:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family vio lence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding fam ily violence; to provide that the performance of such duties shall not con stitute the unauthorized practice of law.

Senate Sponsors: Senators Greene of the 26th and Barnes of the 33rd.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend HB 614 by striking from line 4 of Page 1 the following: "duties of,
and inserting in lieu thereof the following: "authority for".
By striking from line 7 of Page 1 the following: "duties",

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2703

and inserting in lieu thereof the following: "assistance".
By striking from line 19 of Page 1 the word "shall" and inserting in lieu thereof the word "may".
By inserting on line 24 of Page 1 after "pleadings." the following: "The clerk shall not be required to provide assistance to persons in
completing such forms or in presenting their case to the court." By striking from line 24 of Page 1 the following: "All duties prescribed in this Code section",
and inserting in lieu thereof the following: "Any assistance provided pursuant to this Code section".
By striking from line 26 of Page 1 the following: "said duties",
and inserting in lieu thereof the following: "such assistance".

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 Bowen Brantley Broun of 46th BBruyrtaonnt
Coleman
Coverdell
Dawkins Deal

Dean English Engram Fincher
Foster Garner Gillis Greene HHaarrrriisson
Hine
Holloway
Horton Howard

Kennedy Kidd Langford McGill Peevy Perry
Scott o,f 2,,nd. Starr Timmons Tolleson Trulock

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Those not voting were Senators:

Bond Brannon Brown of 47th Cobb Hudgins

Huggins Land McKenzie (excused) Reddish Scott of 36th

Stumbaugh Tate Turner Tysinger Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator McKenzie of the 14th from the Senate for the remainder of the day due to illness; and consent was granted, and Senator McKenzie of the 14th was excused from the Senate for the remainder of the day.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on SB 170 was as follows:
The Committee of Conference on SB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 170 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Warren D. Evans Representative, 84th District
/s/ Denmark Groover Representative, 99th District

FRIDAY, MARCH 8, 1985

2705

/s/ Donn M. Peevy Senator, 48th District

/s/ Tommy Chambless Representative, 133rd District

Conference Committee 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 certain provisions relating to limita tions of actions for medical malpractice; to change the general limitation; to provide for an ultimate statute of repose and abrogation; to provide for ap plicability of the tolling provisions of Article 5 of Chapter 3 of Title 9 to such actions for medical malpractice; to provide for conforming exceptions where foreign objects are 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 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. (a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c) Subsection (a) of this Code section is intended to create a twoyear statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.
(d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose."
Section 2. Said article is further amended by striking Code Section 9-372, relating to limitations periods when foreign objects are left in the body, and inserting in lieu thereof a new Code Section 9-3-72 to read as follows:
"9-3-72. The limitations of Code Section 9-3-71 shall not apply

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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 the purposes of this Code section, the term 'foreign object' shall not include a chemical compound, fixation device, or prosthetic aid or device."
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.

Senator Greene of the 26th moved that the Senate adopt the Conference Commit tee report on SB 170.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Bryant Coverdell Dawkins Deal Dean

English Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kennedy Kidd McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tolleson Trulock

Those voting in the negative were Senators:

Allgood Burton

Engram

Those not voting were Senators:

Bond Brown of 47th Cobb Coleman Garner

Land McKenzie (excused) Scott of 2nd Stumbaugh Tate

Langford
Timmons Turner Tysinger Walker

FRIDAY, MARCH 8, 1985

2707

On the motion, the yeas were 38, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on SB 170.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 Speaker has appointed on the part of the House, Representatives Wood of the 9th, Colwell of the 4th and Triplett of the 128th.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

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JOURNAL OF THE SENATE

The House has adopted the report of the Committee of Conference on the follow ing bill 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.

The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate:

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.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

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.

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 following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

FRIDAY, MARCH 8, 1985

2709

The Conference Committee report on HB 4 was as follows:
The Committee of Conference on HB 4 recommends that both the Sen ate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 4 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 4:

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), as amended by an Act ap proved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), so as to change certain appropriations for the State Fiscal Year 1984-85; to make language and other changes; 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. (a) 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), as amended by an Act approved January 29, 1985 (Act No. 4, HB 1) and an Act approved February 18, 1985 (Act No. 26, HB 475), is amended by striking from Section 10 (on page 7, lines 5 and 6, of said amendatory Act approved January 29, 1985 (Act No. 4, HB 1, hereafter referred to as "said 1985 Act No. 4")) the following:
"A. Budget Unit: Department of Administrative Services ..................... $32,749,793",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Administrative Services ..................... $30,999,793".
(b) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 1, 2, and 3, of said 1985 Act No. 4) the following:

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"Direct Payments to Georgia Building Authority for Capital Outlay ............................. $1,340,000",
and inserting in lieu thereof the following:
"Direct Payments to Georgia Building Authority for Capital Outlay ................................... $-0-".
(c) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 4, 5, and 6, of said 1985 Act No. 4) and from the Budget Unit A object clas ses in Section 10 (on page 15, lines 18, 19, and 20, of said 1985 Act No. 4) the following:
"Direct Payments to Georgia Building Authority for Operations .................................. $807,220",
and inserting in lieu thereof in each of said places the following:
"Direct Payments to Georgia Building Authority for Operations .................................. $397,220".
(d) Said Act is further amended by striking from the Budget Unit A Departmental Administration Budget in Section 10 (on page 8, lines 14 and 15, of said 1985 Act No. 4) the following:
"Total Funds Budgeted ........................... $4,836,856 State Funds Budgeted ........................... $4,836,856",
and inserting in lieu thereof the following:
"Total Funds Budgeted ........................... $3,086,856 State Funds Budgeted ........................... $3,086,856".
(e) Said Act is further amended by striking from the Budget Unit A object classes in Section 10 (on page 15, lines 12, 13, and 14, of said 1985 Act No. 4) the following:
"Direct Payments to Georgia Building Authority for Capital Outlay ............................. $1,355,000",
and inserting in lieu thereof the following:
"Direct Payments to Georgia Building Authority for Capital Outlay ............................... $15,000".
(f) Said Act is further amended by striking from the Georgia Build ing Authority Budget in Section 10 (on page 17, line 14, of said 1985 Act No. 4) the following:

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2711

"Capital Outlay ................................ $2,990,000",
and inserting in lieu thereof the following:
"Capital Outlay ................................ $1,240,000".
(g) Said Act is further amended by striking from the Georgia Build ing Authority Budget in Section 10 (on page 17, line 22, of said 1985 Act No. 4) the following:
"Total Funds Budgeted ......................... $26,746,177",
and inserting in lieu thereof the following:
"Total Funds Budgeted ......................... $24,996,177".
Section 2. (a) Said Act is further amended by striking from Section 13 (on page 22, lines 8 and 9, of said 1985 Act No. 4) the following:
"A. Budget Unit: Department of Community Affairs.......................... $6,161,697",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Community Affairs......................... $26,218,697".
(b) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 22, line 25, of said 1985 Act No. 4) the following:
"Local Assistance Grants ........................ $1,177,480",
and inserting in lieu thereof the following:
"Local Assistance Grants ........................ $1,234,480".
(c) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, lines 1 and 2, of said 1985 Act No. 4) the following:
"Payment to Georgia Development Authority ....................... $350,000",
and inserting in lieu thereof the following:
"Payment to Georgia Development Authority ..................... $20,350,000".
(d) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, line 3, of said 1985 Act No. 4) the following:
"Total Funds Budgeted ......................... $98,897,337".
and inserting in lieu thereof the following:

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"Total Funds Budgeted ........................ $118,954,337".
(e) Said Act is further amended by striking from the Budget Unit A State Operations Budget in Section 13 (on page 23, line 4, of said 1985 Act No. 4) the following:
"State Funds Budgeted .......................... $6,161,697",
and inserting in lieu thereof the following:
"State Funds Budgeted ......................... $26,218,697".
(f) Said Act is further amended by adding at the end of Budget Unit A in Section 13 (on page 23, after line 30 of said 1985 Act No. 4) the following:
"The State fund appropriation in this section is in contemplation of the use of $12,500,000 from the Revenue Shortfall Reserve for the pur pose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority."
Section 3. (a) Said Act is further amended by striking from Section 23 (on page 49, lines 16 and 17, of said 1985 Act No. 4) the following:
"A. Budget Unit: Departmental Operations ............................... $267,187,190",
and inserting in lieu thereof the following:
"A. Budget Unit: Departmental Operations ............................... $267,167,190".
(b) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 23, of said 1985 Act No. 4) the following:
"Per Diem, Fees and Contracts .................. $22,929,371",
and inserting in lieu thereof the following:
"Per Diem, Fees and Contracts .................. $22,909,371".
(c) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 27, of said 1985 Act No. 4) the following:
"Total Funds Budgeted ......................... $27,796,299",
and inserting in lieu thereof the following:
"Total Funds Budgeted ......................... $27,776,299".
(d) Said Act is further amended by striking from the Budget Unit A Services to the Aged Budget in Section 23 (on page 57, line 31, of said 1985 Act No. 4) the following:
"State Funds Budgeted .......................... $5,910,177",

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2713

and inserting in lieu thereof the following:
"State Funds Budgeted .......................... $5,890,177".
(e) Said Act is further amended by striking from the Budget Unit A object classes in Section 23 (on page 64, line 32, of said 1985 Act No. 4) the following:
"Per Diem, Fees and Contracts .................. $76,475,122",
and inserting in lieu thereof the following:
"Per Diem, Fees and Contracts .................. $76,455,122".
Section 4. (a) Said Act is further amended by striking from Section 23 (on page 71, lines 14 through 17, of said 1985 Act No. 4) the following:
"C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions............................... $306,849,860",
and inserting in lieu thereof the following:
"C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions............................... $306,637,860".
(b) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 71, line 32, of said 1985 Act No. 4) the following:
"Capital Outlay ................................ $1,739,717",
and inserting in lieu thereof the following:
"Capital Outlay ................................ $1,564,717".
(c) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, lines 27 and 28, of said 1985 Act No. 4) the following:
"Community Mental Retardation Residential Services ........................ $12,290,516",
and inserting in lieu thereof the following:
"Community Mental Retardation Residential Services ........................ $12,253,516".
(d) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 72, line 31, of said 1985 Act No. 4) the following:
"Total Funds Budgeted ........................ $460,296,584",

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and inserting in lieu thereof the following:
"Total Funds Budgeted ........................ $460,084,584".
(e) Said Act is further amended by striking from the Budget Unit C Departmental Operations in Section 23 (on page 73, line 3, of said 1985 Act No. 4) the following:
"State Funds Budgeted ........................ $306,849,860",
and inserting in lieu thereof the following:
"State Funds Budgeted ........................ $306,637,860".
(f) Said Act is further amended by adding at the end of Section 23 (on page 77, after line 31 of said 1985 Act No. 4) the following:
"Northwest Regional Hospital is authorized to utilize up to $465,000 of available funds for a therapies unit."
Section 5. (a) Said Act is further amended by striking from Section 29 (on page 87, lines 19 and 20, of said 1985 Act No. 4) the following:
"A. Budget Unit: Department of Natural Resources................................. $52,745,891",
and inserting in lieu thereof the following:
"A. Budget Unit: Department of Natural Resources................................. $52,767,891".
(b) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, lines 1 and 2, of said 1985 Act No. 4) the following:
"Payments to Lake Lanier Islands Development Authority ....................... $877,000",
and inserting in lieu thereof the following:
"Payments to Lake Lanier Islands Development Authority ....................... $899,000".
(c) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, line 6, of said 1985 Act No. 4) the following:
"Total Funds Budgeted .......................... $5,720,730",
and inserting in lieu thereof the following:
"Total Funds Budgeted .......................... $5,742,730".
(d) Said Act is further amended by striking from the Budget Unit A Internal Administration Budget in Section 29 (on page 88, line 11, of said 1985 Act No. 4) the following:

FRIDAY, MARCH 8, 1985

2715

"State Funds Budgeted .......................... $5,338,480",
and inserting in lieu thereof the following:
"State Funds Budgeted .......................... $5,360,480".
Section 6. Said Act is further amended by striking Section 43 in its entirety and by inserting in lieu thereof a new Section 43 to read as follows:
"Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ...................... $105,659,225
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ........................ $44,916,050
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,408,000 is specifi cally appropriated for the purpose of financing the acquisition, construc tion, development, 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, $3,120,000 is specifi cally appropriated for the purpose of financing the replacement of the Talmadge Memorial 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, buildings, 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 Gen eral Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,300,000 is specifi cally appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbes tos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, contain ment, renovation, construction, reconstruction, improving, equipping, dis posal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $260,000 is specifically appropriated for the purpose of financing a program of asbestos abate ment in facilities of the Department of Offender Rehabilitation, (includ-

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JOURNAL OF THE SENATE

ing, without limitation, the design of plans and specifications, demolition, removal, encapsulation, containment, renovation, construction, recon struction, improving, equipping, disposal, and testing), through the issu ance of not more than $1,000,000 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, $1,235,000 is specifi cally appropriated for the purpose of financing a program of renovation and of asbestos abatement by the Georgia Building Authority in its facil ities and in the State Capitol (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, contain ment, renovation, construction, reconstruction, improving, equipping, dis posal, and testing), through the issuance of not more than $4,750,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $130,000 is specifically appropriated for the purpose of financing the construction of a Regional Youth Development Center for the Department of Human Resources in DeKalb County (by means of the acquisition, construction, development, extension, enlargement and improvement 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 $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, $1,163,150 is specifi cally appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority (by acquisition, con struction, development, extension, enlargement and improvement of land, water, property, highways, buildings, 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 Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,413,950 is specifi cally appropriated for the purpose of financing the acquisition, construc tion, development, extension, enlargement and improvement of land, wa ters, property, highways, buildings, structures, equipment 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, Geor gia, through the issuance of not more than $17,710,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,270,975 is specifi cally appropriated for the purpose of financing the acquisition, construc tion, development, extension, enlargement and improvement of land, wa ters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Department of Offender Rehabilitation, through the

FRIDAY, MARCH 8, 1985

2717

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, $1,246,175 is specifi cally appropriated for the purpose of financing the acquisition, construc tion, development, extension, enlargement and improvement of land, wa ters, property, highways, buildings, structures, equipment 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 Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $498,475 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the Georgia Department of Administrative Services (by means of the acquisition, construction, development, extension, enlarge ment and improvement of land, property, buildings, structures, equip ment and facilities both real and personal, necessary or useful in connec tion 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, $697,875 is specifically appropriated for the purpose of financing a State records processing and storage facility of Georgia Building Authority for assignment of adminis trative space by the Department of Administrative Services (including the acquisition, construction, development, demolition, extension, en largement and improvement 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 $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, $1,121,575 is specifi cally appropriated for the purpose of financing the renovation of the Old State Office Building of Georgia Building Authority, 17 Capitol Square in Atlanta, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement 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 $4,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $224,325 is specifically appropriated for the purpose of financing the acquisition, construction, development, 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 De partment of Agriculture 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, $1,352,100 is specifi-

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JOURNAL OF THE SENATE

cally appropriated for the purpose of financing the renovation, construc tion, development, extension, enlargement, improvement, reconstruction and equipping of land, property, buildings, structures, equipment and fa cilities, both real and personal, necessary or useful in connection there with, of and for the State Board of Regents of the University System, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,492,350 is specifi cally appropriated for the purpose of financing educational facilities for county and independent school systems by means of a program of asbes tos abatement in such facilities (including, without limitation, the design of plans and specifications, demolition, removal, encapsulation, contain ment, renovation, construction, reconstruction, improving, equipping, dis posal, and testing), to be administered by the Georgia Department of Education, through the issuance of not more than $10,000,000 in princi pal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,969,400 is specifi cally appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisi tion, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, highways, build ings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,268,050 is specifi cally appropriated for the purpose of financing the renovation of the Boone Building at Central State Hospital of the Department of Human Resources in Baldwin County and financing the correction and renova tion of the heating, venting and air conditioning system and other facili ties of Northwest Georgia Regional Hospital of the Department of Human Resources in Floyd County (by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issu ance of not more than $9,100,000 in principal amount of General Obliga tion Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,744,650 is specifi cally appropriated for the purpose of financing a parking facility of the Georgia Building 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, enlarge ment and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connec tion therewith), through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt."

FRIDAY, MARCH 8, 1985

2719

Section 7. Said Act is further amended by striking Section 59 in its entirety and inserting in lieu thereof a new Section 59 to read as follows:
"Section 59. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1985 ............................ $4,364,827,675."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee report on HB 4.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barker Cobb Coleman

English Howard McKenzie (excused)

Reddish Tate Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 4.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

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JOURNAL OF THE SENATE

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".

Senator Broun of the 46th moved that the Senate adhere to its disagreement to House amendment No. 2 to SB 62, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to House amendment No. 2 to SB 62.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Broun of the 46th, Peevy of the 48th and Deal of the 49th.

The following bills of the Senate were taken up for the purpose of considering the House substitute or amendment thereto:

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 House substitute to SB 131 was as follows:

A BILL
To be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding the transaction of insurance, so as to define the offense of insurance fraud; to provide for certain procedural matters relative to the foregoing; to provide for penalties; to provide for jurisdiction of certain providers of health care benefits; to provide for authority and jurisdiction of the Insurance Depart ment; to provide for proof of regulation by an insurance supervisory official of another state or the federal government; to provide for the examination of providers of health care benefits; to provide for the applicability of Title 33 with respect to providers of health care benefits; to provide for certain dis closures; to provide for applicability; to provide a definition; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 33 of the Official Code of Georgia Anno-

FRIDAY, MARCH 8, 1985

2721

tated, relating to general provisions regarding the transaction of insurance, is amended by striking Code Section 33-1-9, relating to fraudulent insur ance claims, in its entirety and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
33-1-9. (a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent state ment or representation of any material fact or thing in any written state ment or certificate, in the making of an application for a policy of insur ance, in the receiving of such application, or in the receiving of money for such application, for the purpose of procuring or attempting to pro cure the payment of any false or fraudulent claim by an insurer;
(2) Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit;
(3) Issues fake or counterfeit insurance policies, certificates of insur ance, insurance identification cards, or insurance binders; or
(4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer
commits the crime of insurance fraud.
(b) In any prosecution under this Code Section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurer's agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed.
(c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both."
Section 2. Said chapter is further amended by adding after Code Sec tion 33-1-13, relating to the receiving of commissions by life or industrial life insurers, a new Code Section 33-1-14 to read as follows:
"33-1-14. (a) Notwithstanding any other provision of law and except as provided in this Code section, any person, other than an authorized insurer, the state and its instrumentalities, or political subdivisions of the state and their instrumentalities, who provides coverage in this state for medical, surgical, chiropractic, physical therapy, optometry, speech pa thology, podiatry, audiology, applied psychology, pharmaceutical, dental, or hospital services, whether such coverage is by direct payment, reim-

2722

JOURNAL OF THE SENATE

bursement, or otherwise, shall be presumed to be subject to the jurisdic tion of the Insurance Department, unless the person shows that, while providing coverage for such services, such person is subject to the juris diction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government.
(b) Any person may show that such person is subject to the jurisdic tion of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government by provid ing to the Commissioner the appropriate certificate, license, or document, issued by the insurance supervisory official of another state or specifically issued to such person by an appropriate official or agency of the federal government which permits such person to provide such coverages.
(c) Any such person who is unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance supervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall submit to an examination by the Commissioner to determine the organization and sol vency of the person and to determine whether or not such person com plies with the applicable provisions of this title.
(d) Any person unable to show under subsection (b) of this Code section that such person is subject to the jurisdiction of an insurance su pervisory official of another state or specifically subject to the exclusive jurisdiction of the federal government shall be subject to all appropriate provisions of this title regarding the conduct of such person's business.
(e) (1) Any production agency or administrator which advertises, sells, transacts, or administers the coverage in this state described in sub section (a) of this Code section and which is required to submit to an examination by the Commissioner under subsection (c) of this Code sec tion shall, if said coverage is not fully insured or otherwise fully covered by an authorized insurer, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage.
(2) Any administrator which advertises or administers the coverage in this state described in subsection (a) of this Code section and which is required to submit to an examination by the Commissioner under subsec tion (c) of this Code section shall advise any production agency of the elements of the coverage, including the amount of 'stop-loss' insurance in effect.
(f) As used in this Code section, the term 'authorized insurer' means any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30 of this title."
Section 3. Section 1 of this Act shall become effective upon the ap proval of this Act by the Governor or upon its becoming law without his approval. Section 2 of this Act shall become effective on July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 8, 1985

2723

si

Senator Dawkins of the 45th moved that the Senate agree to the House substitute

| to SB 131.

c*

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Gillis

Allgood

Greene

Baldwin

Harris

Barnes

Harrison

Brannon

Hine

Brantley

Holloway

Broun of 46th

Horton

Brown of 47th

Howard

Bryant

Hudgins

Dawkins

Kennedy

Deal

Kidd

Fincher

Land

Foster

Langford

?;

Garner

McGill

,.:*

%

Those not voting were Senators:

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Barker Bond Bowen Burton Cobb

Coleman Coverdell Dean English Engram

Huggins McKenzie (excused) Tate Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 131.

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.

The House substitute to SB 182 was as follows:

A BILL
To be entitled an Act to amend Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses and penalties pertaining to

2724

JOURNAL OF THE SENATE

handicapped parking, so as to provide that towing expenses shall be charge able to the person responsible for payment on the lease or rental agreement if the vehicle is leased or rented; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-225 of the Official Code of Georgia Anno tated, relating to offenses and penalties pertaining to handicapped parking, is amended by striking subsection (g) of said Code section in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words 'Tow-Away Zone' as described in subparagraph (B) of paragraph (1) of Code Sec tion 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the ex pense of the person responsible for payment on the lease or rental agreement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 182.

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 Brannon Brantley Broun of 46th BBruorwtonn of 47th
Dawkins
Deal
Fincher
Foster Garner

Gillis Greene Harris Harrison Hine Holloway Horton HHouwdgairnds
Kennedy
Kidd
Land
Langford McGill

Peevy Perry Phillips Rav Reddish Scott of 2n(J 5. ^Stuamrrb, augh,
Timmons
Tolleson
Trulock
Turner Tysinger

Those not voting were Senators:

Barker

Bond

Bowen

FRIDAY, MARCH 8, 1985

2725

Bryant Cobb Coleman Coverdell

Dean English Engram Huggins

McKenzie (excused) Scott of 36th Tate Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 182.

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 House amendment was as follows:

Amend SB 7 by inserting on line 14 of Page 1 between the comma and "by" the following:
"or".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 7.

On the motion, 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 Burton
Coleman Coverdell Dawkins Deal
Engram Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton
Howard Hudgins Kennedy Kidd
Land Langford

McGill Peevy Perry Phillips j^ay Reddish
. Scott of 36th
Marr Stumbaugh Timmons Tolleson Trulock Turner

Those not voting were Senators:

Bowen Broun of 46th Brown of 47th Bryant

Cobb Dean English Huggins

McKenzie (excused) Tate Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 7.

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JOURNAL OF THE SENATE

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 House substitute to SB 30 was as follows:

A BILL
To be entitled an Act 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 driv ers' licenses for refusal to submit to chemical tests to determine blood alco hol content; to provide for other matters relative thereto; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to implied consent to chemical tests to determine blood alco hol content in connection with the offense of driving under the influence of alcohol, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Subject to the limitations of this subsection, any law enforce ment officer who attends a hearing provided for by subsection (d) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The com pensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:

FRIDAY, MARCH 8, 1985

2727

IMPLIED CONSENT HEARING ATTENDANCE RECORD OFFICER:___________________ S.S. No_________

ADDRESS:__________________________________

Street

City

State

Zip Code

DATE:____________ TIME:_________________A.M. P.M.
CASE:_____________________________________
This is to certify that the police officer named above attended an implied consent hearing as a witness or complainant on the date and time shown above.
HEARING OFFICER:______________ TITLE:________
I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer:______________
APPROVED FOR PAYMENT:_____________________ Comptroller"

Section 2. This Act shall become effective on the first day of a fiscal year for which the General Assembly appropriates funds to carry out the provisions of this Act.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 30.

On the motion, 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

Coleman Coverdell Deal Engram Fincher Foster Garner Gillis Greene Harris Hine

Holloway Horton Howard Hudgins Kennedy Kidd Land Langford McGill Peevy Perry

2728
Phillips Ray Reddish Scott of 2nd

JOURNAL OF THE SENATE

Scott of 36th Starr Stumbaugh Timmons

Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Broun of 46th Bryant
Cobb Dawkins

Dean English
Harrison Huggins

McKenzie (excused) Tate Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 30.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:
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 Conference Committee report on SB 19 was as follows:
The Committee of Conference on SB 19 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 19 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Donn M. Peevy Senator, 48th District
/s/ Paul H. Trulock Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dean Alford Representative, 57th District
/s/ Terry L. Coleman Representative, 118th District
/s/ Denmark Groover Representative, 99th District

FRIDAY, MARCH 8, 1985

2729

Conference Committee 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 insurance coverage or the posting of bonds or net worth affida vits; to provide for investigative and disciplinary authority of the board; to provide a penalty for the unlicensed administration of polygraph examina tions; to provide for applicability; 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 Georgia 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 provide for legislative intent and applicability; 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 ments. Any use of a polygraph or a polygraph examination which is primarily intended to frighten or intimidate rather than measure stressful physiological 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 an instrument to measure stressful physiologi cal responses for the purpose of testing or questioning individuals so as to

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detect deception or verify truth of statement. 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 as described in para graph (2) of this Code section.
(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. Two of such members shall be from the private sector and two 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.
(f) 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 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-

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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 violations 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 reg ulations; and
(6) To adopt, amend, or repeal all rules necessary to carry this chap ter into effect.
43-36-6. (a) In order to qualify for a license as a polygraph exam iner, 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 university or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at 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;

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(6) Have completed a period of a minimum of six 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.
(b) The board, in its discretion, may waive the 'on premises' require ment during the internship period in cases of extreme hardship.
43-36-7. (a) Prior to examination, a polygraph examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board.
(b) The applicant must submit to the board for its prior approval the name of the licensed polygraph examiner who will supervise the applicant during the intern program.
(c) Once a licensed polygraph examiner has been approved to super vise a polygraph examiner intern, the intern may not transfer to the su pervision of another licensed polygraph examiner without the prior ap proval of the board.
(d) (1) The polygraph examiner who supervises a polygraph exam iner 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.
(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.
(e) 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.

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(0 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 examiner, the board shall issue and deliver to such applicant a license to conduct 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 subsection (a) of Code Section 43-36-6, the board shall issue and deliver to such applicant a license to become a polygraph examiner intern, charging such fee for the issuance of the li cense 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 subsection (a) 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 similar to those of this chapter may, in the discretion of the board, be issued a license to operate polygraphs in 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 renewa ble 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.

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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.
(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 two exami nations per hour not to exceed 18 polygraph 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 nation shall be monitored with viewing or listening devices without the examinee's knowledge.
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 include, but not be limited to, the examinee being informed of the examiner's opinion concerning the test results and an opportunity for the examinee 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 arising from the polygraph examination shall be in writing and shall be based on

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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) Only three types of conclusions or opinions will be rendered by a polygraph examiner:
(A) Deception indicated;
(B) No deception indicated; or
(C) Inconclusive chart analysis.
(3) Such conclusions or opinions shall contain no information other than admissions to relevant issues and interpretation of charts and shall contain no recommendation regarding the prospective or continued em ployment of an examinee.
(4) A polygraph examiner shall, upon written request, provide an examinee who requests within 15 days of the date of examination a writ ten copy of all opinions or conclusions rendered and signed by the poly graph examiner within 15 days of the date the request is received by the examiner. The board is authorized to establish by rule a reasonable fee for the provision of such copy.
(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.
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; or
(5) Sexual preferences or activities.
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-

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tion and receive a copy of such notification, prior to the beginning of a polygraph examination, which contains the following information:
(A) That he is consenting voluntarily to take the 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 labor organizations; or
(v) Sexual preferences or activities;
(C) That he may terminate 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 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 Examin ers; 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 ex amination, shall not attempt to measure stressful physiological responses on matters or issues not discussed with the subject during the pretest interview or not reasonably related to the matters or issues previously discussed with the subject.
(B) No polygraph examiner after conducting a preemployment poly graph examination shall conduct an accusatory interrogation for the pur pose of eliciting a confession or admission against interest from the ex aminee; provided, however, that this subparagraph shall not preclude a polygraph examiner from informing the examinee of the results of the polygraph examination and giving the examinee an opportunity to ex plain such results.
(C) A polygraph examiner shall not knowingly coerce or intimidate a subject into signing a confession or verbally confessing to matters.

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(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; 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.
(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 con tract 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 $25,000.00 profes sional liability insurance. No licensee or applicant shall cancel or cause to be canceled any insurance policy 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.
(b) (1) In lieu of the requirements of subsection (a) of this Code section, each applicant for a license under this chapter shall provide sat isfactory 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 $10,000.00, 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

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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 $50,000.00. The board, in its discretion, may accept a financial affidavit in lieu of the bond required by this subsection. The board shall require licensees under this Code section to submit periodic financial updates 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 author ity to revoke any license issued under this chapter.
(2) If the insurance policy or the bond issued as a requirement of this Code section is canceled for any reason by either the insurance car rier, surety, or licensee and the licensee fails to submit within ten days of the effective date of the cancellation either a new insurance policy, bond, or net worth statement showing that the licensee has a net worth of $50,000.00, calculated according to standard accounting procedures, the license of such person shall stand revoked. The board shall by rules and regulations provide procedures which will enable such a person with a revoked license to have the license reinstated upon proof of insurance, bond, or appropriate net worth statement.
(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 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. It shall be unlawful for an employer or prospective em ployer to charge or require an employee or prospective employee to pay

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for any polygraph examination required as a condition of preemployment or continued employment.
43-36-21. 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 or public safety objectives.
43-36-22. 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 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. Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evi dence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legisla tive determination that such examinations are reliable to demonstrate any fact or that they have any probative value.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Peevy of the 48th moved that the Senate adopt the Conference Committee report on SB 19.

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On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Kennedy Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Voting in the negative was Senator Tate.

Those not voting were Senators:

Barker Bond Bryant Cobb

Dean English Howard Hudgins

Huggins McKenzie (excused) Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 19.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House agrees to the Senate substitute, as substituted by the House, to the following bill of the House:

HB 878.

By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:
A bill to make provisions for the Magistrate Court of DeKalb County; to provide for the selection, qualifications, disqualifications, number, vacan cies, and compensation of the chief magistrate and magistrates; to pro-

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vide that certain minimum compensation laws shall not apply to magis trates of such court.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 224. By Senator Timmons of the llth:
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.

The House has adopted the report of the Committee of Conference on the follow ing bills of the House:

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 material may be disclosed as necessary in tax collection proceedings.

HB 907.

By Representatives Oliver of the 1st, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy generally, so as to provide that a petition to legitimate a child may be filed in the father's county of residence, the child's county of residence, or, if an adoption of the child is pending, in the county in which the adoption petition is filed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

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Senator Coleman of the 1st moved that the Senate adhere to the Senate substitute to HB 705, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 705.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Coleman of the 1st, Holloway of the 12th and Huggins of the 53rd.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 463 was as follows:
The Committee of Conference on HB 463 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 463 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Al Holloway Senator, 12th District
/s/ Richard L. Greene Senator, 26th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Sanford D. Bishop, Jr. Representative, 94th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Harry D. Dixon Representative, 151st District

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Conference Committee substitute to HB 463:

A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, alcohol, table wines, and dessert wines; to provide that such taxes shall be levied on the first sale, use, possession, or final deliv ery; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-460, relating to the levy and amount of excise taxes on distilled spirits and alcohol, which reads as follows:
"3-4-60. The following state excise taxes are levied and imposed:
(1) On the importation of all distilled spirits imported into this state, a tax of $1.00 per liter and on all alcohol imported into this state, a tax of $1.40 per liter, and a proportionate tax at the same rate on all frac tional parts of a liter;
(2) On the manufacture of all distilled spirits manufactured in this state from Georgia-grown products, a tax of 50 per liter and on all alco hol manufactured in this state from Georgia-grown products, a tax of 700 per liter, and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-4-60 to read as follows:
"3-4-60. There is levied and imposed on the first sale, use, posses sion, or final delivery the following state excise taxes:
(1) On all distilled spirits, whether imported into this state or manu factured in this state, a tax of $ 1.00 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On all alcohol, whether imported into this state or manufac tured in this state, a tax of $1.40 per liter and a proportionate tax at the same rate on all fractional parts of a liter."
Section 2. Said title is further amended by striking in its entirety Code Section 3-6-50, relating to the levy and amount of excise taxes on wines, which reads as follows:
"3-6-50. There is levied and imposed on the first sale, use, or posses sion of wines within this state the following taxes:
(1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and

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(B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(2) On table wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 400 per liter and a proportionate tax at the same rate on all fractional parts of a liter;
(3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown outside the state;
(4) On dessert wines produced within the state wholly from fruits and berries grown within the state to which wine spirits produced outside the state have been added, 670 per liter and a proportionate tax at the same rate on all fractional parts of a liter; and
(5) On dessert wines produced from fruits and berries grown outside the state, whether produced within or outside the state, 670 per liter and a proportionate tax at the same rate on all fractional parts of a liter.",
and inserting in lieu thereof a new Code Section 3-6-50 to read as follows:
"3-6-50. There is levied and imposed on the first sale, use, posses sion, or final delivery of wines within this state the following taxes:
(1) On table wine, a tax of 400 per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2) On dessert wines, a tax of 670 per liter, and a proportionate tax at the same rate on all fractional parts of a liter."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Holloway of the 12th moved that the Senate adopt the Conference Com mittee report on HB 463.

On the motion, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Kennedy Kidd Land Langford

McGill Peevy Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Albert Barker Brown of 47th Cobb

Garner Howard Hudgins Huggins

McKenzie (excused) Perry Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 463.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following bills of the Senate were taken up for the purpose of considering the House substitute thereto:

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 House substitute to SB 6 was as follows:

A BILL
To be entitled an Act 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 who may prepare certain plans; to

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provide for length of involuntary outpatient treatment and discharge there from; to change certain procedures when a mentally ill, alcoholic, or drug dependent person fails or refuses to comply with involuntary outpatient ser vice plans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (a) of Code Section 373-43, relating to rights to a timely examination of mentally ill persons after emergency admission, and inserting in its place a new subsection to read as follows:
"(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to be lieve that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be re quired to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient."
Section 2. Said title is further amended by striking subsections (c) and (d) of Code Section 37-3-81, relating to detention of mentally ill patients in facilities beyond the evaluation period, and inserting in their place the following:
"(c) In any case in which a patient is retained in an evaluating facil ity pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hear ing shall be to determine whether or not the patient is a mentally ill person requiring involuntary treatment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is a mentally ill person requiring involuntary treat ment, the court shall determine, based upon either the individualized ser vice plan prepared by the physician responsible for treatment of the pa tient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individualized

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service plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which does not require hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an indi vidualized service plan, and that, under such a program, the danger presented by the patient to himself or others can be safely controlled, then the court shall order the patient to comply with that service plan. If the court concludes from the evidence that the least restrictive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as provided in Code Section 373-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the ac complishment of the treatment goals for the patient requires some lim ited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order.
(d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 373-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such contin ued hospitalization under Code Section 37-3-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the pa tient from such involuntary treatment upon giving notice thereof as pro vided in subsection (c) of Code Section 37-3-85."
Section 3. Said title is further amended by striking Code Section 37-382, relating to procedures upon failure of mentally ill persons to comply with involuntary outpatient treatment plans, and inserting in its place a new Code section to read as follows:
"37-3-82. (a) If at any time during a period of involuntary outpa tient treatment the physician in charge of the patient's treatment deter mines that, because of a change in the patient's condition, the least re strictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall submit to the court of the county in which the treat ment facility is located an updated individualized service plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the up-

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dated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-3-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-3-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Section 37-3-81, subject to the limitations in subsection (d) of Code Section 37-3-81.
(b) If at any time during a period of involuntary outpatient treat ment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physi cian's designee may petition the court originally approving the involun tary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the pa tient's outpatient treatment plan, if a physician is available there to ex amine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility speci fied in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would ac complish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pend ing completion of a full and fair hearing. If the physician's petitioned-for order is issued, the patient shall be transported, as provided in Code Sec tion 37-3-101, to the treatment facility within eight hours after first be ing taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient."
Section 4. Said title is further amended by striking subsection (a) of Code Section 37-7-43, relating to rights to a timely examination of alcoholic and drug dependent individuals after emergency admission, and inserting in its place a new subsection to read as follows:
"(a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 48 hours of his admission unless:

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2749

(1) The examining physician concludes that there is reason to be lieve that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certifi cate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be re quired to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient."
Section 5. Said title is further amended by striking subsections (c) and (d) of Code Section 37-7-81, relating to the detention of alcoholic and drug dependent individuals in facilities beyond the evaluation period, and in serting in their place the following:
"(c) In any case in which a patient is retained in an evaluating facil ity pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing no sooner than seven days and no later than 12 days after the petition is filed with the court. Such hear ing shall be to determine whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treat ment, but the hearing may be waived in writing by the patient. At such hearing, if the court does not find that the patient is a person requiring involuntary treatment, the court shall enter an order that the patient be immediately discharged. If the court finds that the patient is an alco holic, a drug dependent individual, or a drug abuser requiring involun tary treatment, the court shall determine, based upon either the individu alized treatment plan prepared by the physician responsible for treatment of the patient at the facility in conjunction with and in agreement with the physician to be responsible for the outpatient care or the individual ized treatment plan proposed by the physician chosen by the patient, whether there exists a program of treatment for the individual which is an alternative to hospitalization. If the court finds that an alternative outpatient program exists, that such a program meets the requirements for an individualized treatment plan, and that, under such a program, the danger presented by the patient to himself or others can be safely con trolled, then the court shall order the patient to comply with the treat ment plan. If the court concludes from the evidence that the least restric tive alternative which would accomplish the treatment goals is hospitalization, the court shall order the patient to be transported, as pro vided in Code Section 37-7-101, to a treatment facility where he shall be admitted for care and treatment. If the court shall find, based upon the evidence, that the accomplishment of the treatment goals for the patient requires some limited period of hospitalization followed by treatment as an outpatient in a community mental health center, then the court may so order.

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(d) If the court concludes that the patient is in need of involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. The court may order the hospitalization of any patient admitted under this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 377-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such contin ued hospitalization under Code Section 37-7-83. The court may order the involuntary outpatient treatment of a patient under subsection (c) of this Code section for any period not to exceed six months, but at any time that patient is found by the outpatient treating physician no longer to require involuntary outpatient treatment under the standards therefor in subsection (c) of this Code section, that physician may discharge the pa tient from such involuntary treatment upon giving notice thereof as pro vided in subsection (c) of Code Section 37-7-85."
Section 6. Said title is further amended by striking Code Section 37-782, relating to procedures upon failure of alcoholic and drug dependent indi viduals to comply with outpatient treatment plans, and inserting in its place a new Code section to read as follows:
"37-7-82. (a) If at any time during a period of involuntary outpa tient treatment the physician in charge of the patient's treatment deter mines that, because of a change in the patient's condition, the least re strictive alternative which would accomplish the treatment goals is hospitalization of the patient, then the treating physician or the chief medical officer of the facility may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient into custody and to deliver him forthwith to the treatment facility pending completion of a full and fair hearing as provided in this Code section. If, in the discretion of the court, such an order is issued, the chief medical officer shall sub mit to the court of the county in which the treatment facility is located an updated individualized treatment plan for the patient. Copies of such petition shall be served upon the patient and his representatives within five days after the patient is taken into custody pursuant to such order and shall be accompanied by a copy of the updated plan as provided for in paragraph (3) of subsection (a) of Code Section 37-7-81 and those items required by paragraphs (1), (2), (4), and (5) of subsection (a) of Code Section 37-7-81. No sooner than ten days and no later than 15 days after the patient is taken into custody, a full and fair hearing shall be held in the court of the county in which the treatment facility is located to determine whether or not the patient should be hospitalized and the court may issue any order authorized under subsection (c) of Code Sec tion 37-7-81, subject to the limitations of subsection (d) of Code Section 37-7-81.
(b) If at any time during a period of involuntary outpatient treat ment the patient fails or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physi cian's designee may petition the court originally approving the involun tary treatment of the patient or the court of the county in which the

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patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the pa tient's outpatient treatment plan, if a physician is available there to ex amine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility speci fied in the order, shall be examined by a physician at that facility, and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the examining facility within four hours after being taken into custody unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would ac complish the treatment goals is hospitalization of the patient, and unless within those four hours that physician petitions the court, which court issued the order requiring the patient be brought for examination, for an order requiring the patient to be transported to a treatment facility pend ing completion of a full and fair hearing. If the physician's petitioned-for order is issued, the patient shall be transported, as provided in Code Sec tion 37-7-101, to the treatment facility within eight hours after first be ing taken into custody. The procedures regarding a patient so ordered to a treatment facility shall thereafter be as provided in subsection (a) of this Code section for patients so ordered. If the physician's petitioned-for order is not issued within eight hours after the patient is first taken into custody, the patient shall be released immediately from custody, but such release shall in no way affect any order requiring involuntary outpatient treatment of the patient."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 6.

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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman

Coverdell Dawkins Deal English Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

Huggins Kidd Land Langford McGill Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh

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Tolleson Turner

Tysinger

Those not voting were Senators:

Barker Cobb Dean Engram

Garner Howard Hudgins Kennedy (presiding)

McKenzie (excused) Phillips Trulock Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 6.

SB 224.

By Senator Timmons of the llth:
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.

The House substitute to SB 224 was as follows:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide restrictions and prohibitions relative to membership in public retirement or pension sys tems for persons convicted of certain crimes and to provide for definitions in connection therewith; to revise the provisions of the Employees' Retirement System of Georgia relating to creditable service for accumulated sick and annual leave; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by designating all Code sections of Chapter 1, relating to general provisions applicable to retirement and pen sions, as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
47-1-20. As used in this article, the term:
(1) 'Conviction' means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty.
(2) 'Employee contribution' means that part of the compensation of

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a public employee which is paid by the employee or by the employer on the employee's behalf to a public retirement system as a requirement for membership in the public retirement system.
(3) 'Final conviction' means a conviction which has been upheld af ter the convicted person has exhausted all appeals of the conviction.
(4) 'Political subdivision' means any county, municipality, or local school district.
(5) 'Public employee' means elected and appointed officials and em ployees of the state or any branch, department, board, bureau, commis sion, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision.
(6) 'Public employment related crime' means any one or more of the following crimes:
(A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a govern ment in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (2) of Code Section 16-8-12;
(B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office;
(C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20;
(D) Conspiracy to defraud the state or a political subdivision as pro vided in Code Section 16-10-21;
(E) Stealing, altering, or concealing public records as provided in Code Section 45-11-1; and
(F) Selling offices or dividing fees as provided in Code Section 4511-2.
(7) 'Public retirement system' means any retirement or pension sys tem now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as mem bers of the retirement or pension system.
47-1-21. (a) This Code section shall apply to public employees in service on July 1, 1985, as long as such employees remain in continuous service as public employees. Any public employee in service on July 1, 1985, who ceases to be a public employee on or after that date and who subsequently again becomes a public employee shall be subject to the provisions of Code Section 47-1-22 upon again becoming a public em ployee. Any person who was a public employee prior to July 1, 1985, and who ceased to be a public employee prior to that date shall be subject to the provisions of Code Section 47-1-22 if such person again becomes a public employee after July 1, 1985.

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(b) If a public employee commits a public employment related crime on or after July 1, 1985, in the capacity of a public employee and is convicted for the commission of such crime, such employee's membership in any public retirement system shall terminate on the date of final con viction and such employee shall not at any time thereafter be eligible for membership in any public retirement system. For any such public em ployee finally convicted for the commission of a public employment re lated crime, the right to any benefit or any other right under any public retirement system in which the employee is a member shall be deter mined as of the date of final conviction.
47-1-22. (a) This Code section shall apply to public employees first or again becoming public employees after July 1, 1985.
(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, such employee shall forfeit all rights and benefits under and membership in any public retirement system in which the employee is a member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contribu tions made by any such public employee to any public retirement system during membership in the public retirement system shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of a public employment related crime.
47-1-23. Nothing in this article shall be construed to create a right for any public employee who is charged with the commission of a public employment related crime to remain a public employee or a member of a public retirement system until such employee is finally convicted for the commission of such crime. Nothing in this article shall be construed to create a right for a public employee who is charged with the commission of a public employment related crime to accrue rights or benefits under a public retirement system after the date any such employee ceases to be a member of such public retirement system."
Section 2. Said title is further amended by striking Code Section 47-291, relating to credit for accumulation of sick and annual leave under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-2-91 to read as follows:
"47-2-91. (a) As used in this Code section, the term:
(1) 'Classified member' means a member of the retirement system who is in the classified service of the State Merit System of Personnel Administration provided for by Chapter 20 of Title 45.
(2) 'Commissioner' means the commissioner of personnel adminis tration provided for in Code Section 45-20-4.
(3) 'Compensatory time' means time off from work which is used in lieu of annual or sick leave to offset overtime service rendered by an em ployee when the employee is compensated by a fixed salary and is not financially compensated for such overtime service.
(4) 'Elected state official' means the Governor, Lieutenant Governor,

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each member of the Public Service Commission, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insur ance, Commissioner of Labor, Commissioner of Agriculture, each Justice of the Supreme Court, and each Judge of the Court of Appeals.
(5) 'Unclassified member' means any member of the retirement sys tem who is in the unclassified service of the State Merit System of Per sonnel Administration provided for by Chapter 20 of Title 45 or who is otherwise not covered by the rules and regulations of the State Personnel Board, including elected state officials.
(b) (1) Accumulated days of forfeited annual and sick leave for which a member has not been paid shall constitute creditable service if such member has at least six months of such forfeited leave at the time of the member's retirement. The member shall be given one month of creditable service for each 20 days of forfeited annual and sick leave. Upon retirement of a classified member, the employer shall certify to the board of trustees the total amount of that member's forfeited annual and sick leave based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available for classified members, forfeited leave for an undocumented period may be computed as provided in subsection (i) of this Code section. The determination of accumulated days of forfeited annual and sick leave for unclassified members shall be based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available, forfeited leave for unclassified employees shall be computed as follows:
(A) When 15 years or more of leave records are available for an unclassified member, the determination of forfeited leave for undocu mented periods shall be computed as provided in subsection (i) of this Code section; or
(B) When less than 15 years of leave records are available for an unclassified member, the determination of forfeited leave for undocu mented periods shall be based on the one-year average amount of for feited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section and as provided in subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section.
(2) For both classified and unclassified members, each employer shall contribute the same amount as would have been contributed by the employer had the member obtaining creditable service for forfeited an nual and sick leave remained in state employment without change in compensation for a period of time equal to the amount of forfeited an nual and sick leave for which creditable service is obtained.
(c) For unclassified members, the maximum number of days of an nual and sick leave which may be accumulated in one year shall be in accordance with the rules and regulations of the State Personnel Board governing employees in classified service, as defined in paragraph (2) of Code Section 45-20-2.
(d) For the purposes of this Code section, compensatory time shall

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not be applicable to elected state officials and no elected state official may offset any annual or sick leave taken by any such official by any compensatory time which might otherwise be applicable to such official.
(e) When accumulated forfeited annual and sick leave is claimed for the purposes of this Code section by an elected state official based on records maintained by or pursuant to the order or supervision of the elected state official, any such accumulated annual and sick leave ac cepted by the board of trustees shall, in addition to such records, be based on the elected state official's sworn statement that the amount of accumulated forfeited annual and sick leave claimed by the elected state official is true and correct.
(f) The commissioner shall select a random representative sample of employees who, as of June 30, 1985, have ten years or more of continu ous service in the classified service of the State Merit System of Person nel Administration. From an examination of the personnel records of the members in the sample, the commissioner shall calculate an annual aver age of the number of days of annual leave taken and an annual average of the number of days of sick leave taken by the members in the sample. The average days for annual leave taken and the average days for sick leave taken shall then each be deducted, respectively, from the maximum number of days of annual leave and the maximum number of days of sick leave which may be accumulated in one year under rules and regula tions of the State Personnel Board by an employee in the classified ser vice of the state merit system. The two figures resulting after making such reductions shall be added together and the resulting figure shall be forfeited annual and sick leave for each year of membership service for the purposes of subsection (g) of this Code section, subject to the limita tion in subsection (j) of this Code section.
(g) The average amount of forfeited annual and sick leave calcu lated by the commissioner pursuant to subsection (f) of this Code section shall be supplied by that officer to all employers. When less than 15 years of leave records are available, the determination of forfeited annual and sick leave for unclassified employees with undocumented periods may be certified by the employer based on the average amount of forfeited an nual and sick leave supplied by the commissioner. The amount which may be so certified shall be calculated by multiplying the figure repre senting the one-year average of forfeited annual and sick leave by the number of years of membership service for which leave records were not available at the time of retirement, subject to the limitation in subsection (j) of this Code section.
(h) For any member whose membership service includes service as both a classified and unclassified member, both classified and unclassified service may be considered in qualifying for undocumented forfeited an nual and sick leave calculations based on 15 or more years where em ployers have maintained adequate records of annual and sick leave taken by members. When 15 or more years of leave records are available through a combination of both classified and unclassified service, for feited annual and sick leave for an undocumented period may be com puted as provided in subsection (i) of this Code section. When less than 15 years of leave records are available through a combination of both

FRIDAY, MARCH 8, 1985

2757

classified and unclassified service for a member, then the undocumented forfeited leave for the unclassified service shall be calculated pursuant to subsection (g) of this Code section and undocumented forfeited leave for classified service shall be calculated pursuant to subsection (i) of this Code section, subject to the limitation in subsection (j) of this Code sec tion. The two calculations shall then be added together to determine the total amount of forfeited leave for the undocumented period.

(i) The formula provided by this subsection may be utilized for com putation of forfeited annual and sick leave during the undocumented pe riods of service described in paragraph (1) and subparagraph (A) of said paragraph (1) of subsection (b) of this Code section. The formula is as follows:

(1) Compute the maximum earnable sick and annual leave for the undocumented period;

(2) Compute the total sick and annual leave taken for all periods in which documentation is available;

(3) Compute the average sick and annual leave taken per month by dividing the answer under paragraph (2) of this subsection by the total number of documented months;

(4) Multiply the answer under paragraph (3) of this subsection by the total number of months in the undocumented period; and

(5) Subtract the answer under paragraph (4) of this subsection from the answer under paragraph (1) of this subsection to determine total leave earned and not taken during the undocumented period.

(j) For unclassified employees who have less than 15 years of leave records available, the determination of forfeited annual and sick leave shall be limited to the lesser of the amount calculated pursuant to sub sections (f) and (g) of this Code section or the average of actual forfeited annual and sick leave for which leave records are available, whichever is less.

(k) The board of trustees may adopt rules and regulations, not in consistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section."

Section 3. This Act shall become effective on July 1, 1985.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM: W. M. Nixon, State Auditor

DATE:

March 1, 1985

SUBJECT: Senate Bill 224 Substitute (LC 7 606IS) Public Retirement Systems

This Bill would change retirement provisions relative to public employ ees in service on July 1, 1985 and to public employees who enter or reenter public employment after that date and commit any public employment re lated crime on or after July 1, 1985. If a public employee commits a public employment related crime in the capacity of a public employee and is con victed for the commission of such crime, the employee's membership in any public retirement system would terminate on the date of final conviction and the employee would not be eligible for membership in any public retirement system thereafter. The right to any benefit or any other right under any public retirement system would be determined as of the date of final convic tion for those employees in public service on July 1, 1985. Public retirement system rights and benefits would be forfeited upon final conviction for those employees who entered or reentered public employment after July 1, 1985 and any contributions they made to their retirement system would be reim bursed without interest within 60 days after final conviction.
The Bill notes that it should not be construed that persons charged with a public employment related crime have rights created by the Bill to remain public employees or members of a public retirement system until conviction; nor is it to be construed that persons charged with a public employment related crime accrue rights or benefits under a public retirement system af ter the employee ceases membership in the system.
This Bill would also revise the current law governing retirement credit received for accumulated days of annual and sick leave for members of the Employees' Retirement System. These provisions are outlined below.
1. Members with at least six months of forfeited sick and annual leave at retirement age may receive creditable service for the leave at the rate of one month's service for each 20 days of forfeited annual and sick leave.
2. For members who are in the classified service of the State Merit System, the accumulated days of sick and annual leave would be based on records where employers had maintained adequate records. Where records were not maintained, leave would be determined by the following:

FRIDAY, MARCH 8, 1985

2759

(A) Compute the maximum earnable leave for the undocumented period.
(B) Compute the total leave taken during documented periods.
(C) Compute the average monthly leave taken during documented months by dividing the total documented leave taken by the number of doc umented months.
(D) Multiply the average monthly documented leave taken by the num ber of undocumented months.
(E) Subtract the total found in (D) from the maximum earnable leave in the undocumented period.
3. For unclassified members, accumulated forfeited leave would be based on leave records. For members with 15 or more years of leave records available but additional undocumented periods, the amount of sick and an nual leave that could be accumulated for retirement purposes for undocu mented periods would be based on the method outlined in point 2 above.
4. For unclassified members with less than 15 years of leave records available, credit for undocumented periods of leave would be based on an annual average amount of sick and annual leave accumulated by members in the classified service of the State Merit System. This average would be based on a random, representative sample of employees who, as of June 30, 1985, have ten or more years of continuous service in the Merit System's classified service. The average would be the difference between the average amount of sick and annual leave taken and the maximum number of days which may be accumulated in one year under regulations of the State Per sonnel Board. The resulting figures for sick and annual leave would be added together and the total would be the amount of forfeited leave for each year of service that could be counted toward retirement credit. However, the determination of forfeited annual and sick leave shall be the lesser of the amounts calculated based on the average discussed above or the average of actual forfeited leave for which records are available.
5. Elected state officials would be prohibited from offsetting any annual or sick leave by any compensatory time.
6. Elected officials who maintain their own leave records would be re quired to make a sworn statement that the records are correct.
7. The maximum number of days of annual and sick leave which may be accumulated in one year by unclassified members of the system would be in accordance with the rules and regulations of the State Personnel Board.
8. For members whose service includes classified and unclassified ser vice, the certification of forfeited sick and annual leave would be based on the provisions applicable to each portion of service.
9. The system's Board of Trustees would be authorized to adopt rules and regulations for administering the provisions of this Bill.

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JOURNAL OF THE SENATE

This is to certify that this is a non-fiscal retirement bill.
/s/ W. M. Nixon State Auditor

Senator Timmons of the 11th moved that the Senate disagree to the House substi tute to SB 224.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 224.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Barnes of the 33rd moved that the Senate recede from the Senate amend ment to HB 630.

On the motion, 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 Bryant Burton Coverdell Dawkins Deal Dean English

Fincher Foster Garner Greene Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford McGill

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

FRIDAY, MARCH 8, 1985

2761

Those not voting were Senators:

Albert Broun of 46th Brown of 47th Cobb Coleman

Engram Gillis Harris Horton

Kennedy (presiding) McKenzie (excused) Peevy Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 630.

The following bills of the House were taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 583 was as follows:
The Committee of Conference on HB 583 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 583 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Barker Senator, 18th District
/s/ Julian Bond Senator, 39th District
/s/ Janice Horton Senator, 17th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Betty Aaron Representative, 56th District
/s/ Peggy Childs Representative, 53rd District
/s/ Harry D. Dixon Representative, 151st District

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JOURNAL OF THE SENATE

Conference Committee substitute to HB 583:

A BILL
To be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic bever ages, generally, so as to provide that in any municipality in which the sale of alcoholic beverages for consumption on the premises is lawful, the governing authority of the municipality may, by ordinance or resolution, authorize the sale of alcoholic beverages for consumption on the premises at certain times on Sundays; to authorize but not require the exercise of such authority to be conditioned on approval in a referendum; to prohibit and restrict certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to limit further prohibition and restriction of certain acts in conjunction with the sale of alcoholic beverages by the drink for consumption on the premises; to provide for applicability and for excep tions; to provide for greater restrictions in certain areas; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages, generally, is amended by adding at the end of Code Section 3-3-7, relating to local au thorization and regulation of sales of alcoholic beverages on Sunday, a new subsection, to be designated subsection (n), to read as follows:
"(n) (1) Notwithstanding any other provisions of law, in any munic ipality of this state in which the sale of alcoholic beverages for consump tion on the premises is lawful, the governing authority of such municipal ity may by resolution or ordinance authorize:
(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; or
(B) The sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed estab lishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishments where food is served and in any licensed establishment which derives at least 50 percent of its total an nual gross income from the rental of rooms for overnight lodging; or
(C) The sale of alcoholic beverages for consumption on the premises as described by both subparagraphs (A) and (B) of this paragraph.
(2) The governing authority of any municipality which adopts a res olution or ordinance pursuant to paragraph (1) of this subsection shall be authorized, but not required, to condition the effectiveness of such resolu tion or ordinance on its approval in a referendum held within such mu nicipality. Any such referendum shall be held and conducted in accor dance with the applicable provisions of Chapter 3 of Title 21 known as the 'Georgia Municipal Election Code.' The governing authority of the municipality shall determine the question to be submitted to the voters in

FRIDAY, MARCH 8, 1985

2763

the referendum on the basis of the resolution or ordinance adopted pursu ant to paragraph (1) of this subsection."
Section 2. Said chapter is further amended by adding at the end of Article 2 a new Code section to read as follows:
"3-3-31. (a) As used in this Code section, the term:
(1) 'Drink' means a single portion beverage which contains any alco holic beverage.
(2) 'Licensee' means any retail consumption dealer or retail dealer who sells alcoholic beverages by the drink for consumption on the premises.
(3) 'Price regularly charged' means the full price charged without discounts by the licensee for such drink or drinks during the preceding calendar week.
(4) 'Private function' means any affair where attendance is by invi tation only and where the cost of the drinks served is paid by the host.
(b) No licensee or agent or employee of a licensee shall:
(1) Offer or deliver any free drinks to the general public;
(2) Sell, offer to sell, or deliver to any person or group of persons any drink or drinks at a price less than one-half the price regularly charged for such drink or drinks; provided, however, no governing au thority of any county or municipality shall enact any ordinance or resolu tion which prohibits a licensee or agent or employee of a licensee from reducing the price of a drink or drinks by up to one-half the price regu larly charged;
(3) Deliver more than one drink to one person at one time; provided, however, no governing authority of any county or municipality shall en act any ordinance or resolution which prohibits a licensee or agent or employee of a licensee from selling or offering to sell two drinks or fewer to one person at one time;
(4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of drinks during any set period of time for a fixed price;
(5) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, by the pitcher, except to two or more persons at any one time;
(6) Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price charged for such drink; or
(7) Encourage or permit on the licensed premises any game or con test which involves drinking or the awarding of drinks as prizes.
(c) The prohibitions and restrictions in subsection (b) of this Code section which apply to licensees or agents or employees of licensees shall not:

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(1) Apply at private functions;
(2) Prohibit the offering of free food or entertainment at any time;
(3) Prohibit including drinks as part of the price of a hotel, travel, entertainment, or meal package;
(4) Prohibit the sale, offer to sell, or delivery of wine by the bottle or carafe; or
(5) Prohibit any hotel or motel from offering room service to regis tered guests.
(d) Except as provided in paragraph (2) and paragraph (3) of sub section (b) of this Code section, nothing in this Code section shall pro hibit a county or municipality from establishing more stringent standards governing the sale or distribution of alcoholic beverages."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Horton of the 17th moved that the Senate reject the Conference Commit tee report on HB 583.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate rejected the Conference Committee report on HB 583.

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.

The Conference Committee report on HB 185 was as follows:
The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 69th District

FRIDAY, MARCH 8, 1985

2765

/s/ Floyd Hudgins Senator, 15th District
/s/ Arthur Langford Senator, 35th District

/s/ Donald F. Oliver Representative, 1st District
/s/ Jesse Copelan, Jr. Representative, 106th District

Conference Committee substitute to HB 185:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to define a certain term; to change the provisions relating to placement of children alleged to be delinquent, unruly, or deprived; to clarify when an informal detention hearing must be held regarding a child who is alleged to be delin quent, unruly, or deprived; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding between paragraphs (10) and (11) of Code Section 15-11-2, relating to definitions under Chapter 11, a new paragraph (10.1) to read as follows:
"(10.1) 'Shelter care' means:
(A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or
(B) A facility operated by a licensed child welfare agency."
Section 2. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 15-11-20, relating to place of detention, limits thereon, and data to be maintained, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;".
Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-11-20, relating to place of detention, lim its thereon, and data to be maintained, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-21, relating to the release of juveniles where detention is not warranted, and inserting in lieu thereof a new subsec tion (c) to read as follows:

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JOURNAL OF THE SENATE

"(c) (1) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care to determine whether his detention or shelter care is required under Code Section 15-11-18, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(2) If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-20.
(3) If a child alleged to be deprived is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he is placed in shelter care as provided in subsection (f) of Code Section 15-11-20, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(4) Reasonable notice of the hearing specified in this subsection, ei ther oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his par ents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to ap pointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct."
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.

Senator Langford of the 35th moved that the Senate adopt the Conference Com mittee report on HB 185.

On the motion, 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 Foster Garner Gillis Greene Harris

FRIDAY, MARCH 8, 1985

2767

Harrison Hine Holloway HLaunddgms
Langford McGill Peevy

Perry Phillips Ray SRceodtdtisohf 2nd
Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson TirruniWocWk
Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Coleman Dawkins

Engram Fincher Horton Howard

Huggins Kennedy (presiding) Kidd McKenzie (excused)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 185.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 710.

By Representatives Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th and others:
A bill to amend Article 2 of Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change the provisions relating to the definition of the offense of criminal trespass; to change the provisions relating to the definition of the offense of criminal damage to property in the second degree.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English Foster Garner Greene Harris Harrison Hine

2768

JOURNAL OF THE SENATE

;i|

Holloway

1

Howard

t

Land

:

Langford

McGill

Peevy

Perry

Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate

Timmons Tolleson Trulock IFUIOCK Turner Tysinger Walker

Those not voting were Senators:

Baldwin
Barker Bond
Cobb Coleman

Engram
Fincher Gillis
Horton Hudgins

Huggins
Kennedy (presiding) Kidd
McKenzie (excused) Scott of 2nd

On the passage of the bill, the yeas were 41, nays 0.

:,.

The bill, having received the requisite constitutional majority, was passed.

,

|

The following local bill of the House was taken up for the purpose of considering

?

the House substitute to the Senate substitute thereto:

HB 878. By Representatives Davis of the 45th, Williams of the 48th, Morton of the 47th and others:

A bill to make provisions for the Magistrate Court of DeKalb County; to

provide for the selection, qualifications, disqualifications, number, vacan-

:;

cies, and compensation of the chief magistrate and magistrates; to pro

vide that certain minimum compensation laws shall not apply to magis

trates of such court.

The House substitute to the Senate substitute to HB 878 was as follows:

A BILL

To be entitled an Act to make provisions for the Magistrate Court of

DeKalb County; to provide for the selection, qualifications, disqualifications,

number, vacancies, and compensation of the chief magistrate and magis

trates; to provide that certain minimum compensation laws shall not apply

to magistrates of such court; to provide that the clerk of the State Court of

DeKalb County shall serve as the clerk of the magistrate court; to provide

that the marshal and deputy marshals of the State Court of DeKalb County

:

shall serve as chief constable and constables of the magistrate court; to pro-

'

vide for powers and duties; to provide for compensation; to provide for the

]

imposition, collection, and disposition of costs to provide for funds for the

county law library; to provide for construction; to provide for definitions; to

provide that magistrates, other than the chief magistrate, shall serve at the

FRIDAY, MARCH 8, 1985

2769

pleasure of the chief magistrate; 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. (a) To be eligible for selection as chief magistrate or as a magistrate a person shall:
(1) Be an active member of the State Bar of Georgia;
(2) Have at least three years of experience as a judge, solicitor, or assistant solicitor of a state court or municipal court immediately preced ing such person's selection as chief magistrate or magistrate or have been engaged in the active public or private practice of law for a period of at least three years immediately preceding such selection;
(3) Be at least 27 years of age;
(4) Be a citizen and taxpayer of DeKalb County; and
(5) Have been a resident of the State of Georgia for at least two years immediately preceding selection as chief magistrate or magistrate.
(b) The chief magistrate and full-time magistrates shall be ineligible to hold any other public office during their terms of office as chief magistrate or magistrate, and their offices shall immediately become vacant upon their assumption of any other public office.
Section 2. The number of full-time and part-time magistrates shall be determined by the chief magistrate with the approval of a majority of the judges of the superior court of the Stone Mountain Judicial Circuit and shall also be subject to the budgetary limitations established by the board of commissioners of DeKalb County.
Section 3. (a) The chief magistrate shall receive an annual salary equal to the compensation now or hereafter paid to the clerk of the Superior Court of DeKalb County. Such compensation shall be paid in equal monthly in stallments from the funds of DeKalb County.
(b) Full-time magistrates shall receive an annual salary equal to 90 percent of the salary now or hereafter paid to the chief magistrate. Such compensation shall be paid in equal monthly installments from the funds of DeKalb County.
(c) Part-time magistrates shall be compensated on an hourly basis for each hour actually spent in performing their duties. Such compensation shall be at an hourly rate which, if computed on a full-time basis, would be equal to the compensation paid to full-time magistrates.
(d) The minimum compensation provided for magistrates, other than the chief magistrate, by subsection (b) of Code Section 15-10-23 of the Offi cial Code of Georgia Annotated or any other general law of this state shall not apply to magistrates of the Magistrate Court of DeKalb County.
(e) The compensation of the chief magistrate, full-time magistrates, or

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JOURNAL OF THE SENATE

part-time magistrates shall not be reduced during the term of office to which they are elected or appointed.
Section 4. The clerk of the State Court of DeKalb County shall serve as the clerk of the Magistrate Court of DeKalb County. While serving as clerk of the magistrate court, the clerk of the state court shall have and may exercise all of the powers and duties provided by law for clerks of magistrate courts.
Section 5. The marshal of the State Court of DeKalb County shall serve as chief constable of the Magistrate Court of DeKalb County. Deputy marshals of the State Court of DeKalb County shall serve as constables of the Magistrate Court of DeKalb County. While serving as constables, such persons shall have and may exercise all of the powers and duties provided by law for constables of magistrate courts. The compensation of such persons serving as constables, if any, shall be fixed by the governing authority of DeKalb County.
Section 6. In each action or case, except for criminal or quasi-criminal actions or cases, which is filed in the Magistrate Court of DeKalb County, a fee may be charged and collected, in addition to all other legal costs, for the purpose of providing funds for the maintenance and operation of the county law library of DeKalb County and for those uses specified in Code Section 36-15-7 of the O.C.G.A. and under the conditions specified in Code Section 36-15-9 of the O.C.G.A.
Section 7. Magistrates appointed pursuant to Code Section 15-10-20 of the O.C.G.A. shall serve at the pleasure of the chief magistrate.
Section 8. The provisions of this Act shall not affect the term of office of any person who is in office as chief magistrate or magistrate of the Mag istrate Court of DeKalb County on July 1, 1985. For purposes of this Act, unless the context otherwise clearly requires, "chief magistrate" or "magis trate" means the chief magistrate, or magistrate, respectively, of the Magis trate Court of DeKalb County.
Section 9. This Act shall become effective on July 1, 1985.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd moved that the Senate agree to the House substitute to the Senate substitute to HB 878.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to the Senate substitute to HB 878.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

FRIDAY, MARCH 8, 1985

2771

SR 229.

By Senators Starr of the 44th, Barnes of the 33rd and Howard of the 42nd:
A resolution urging the Congress of the United States to reject the Presi dent's Fiscal Year 1986 budget proposal to cap the growth of federal Medicaid expenditures and to distribute funds based on a state's propor tional share in 1984.

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 Burton Coverdell Dawkins

Deal English Harris Harrison Hine Horton Howard Kidd Land Langford McGill Perry Phillips

Ray Scott of 2nd Scott of 36th Starr Stumbaugh
T1 QalfCa
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bryant Cobb Coleman Dean Engram

Fincher Foster Garner Gillis Greene Holloway

Hudgins Huggins Kennedy (presiding) McKenzie (excused) Peevy Reddish

On the adoption of the resolution, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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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.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Terry Lawler, State Representative,

District 20

FROM: W. M. Nixon, State Auditor

DATE:

January 23, 1985

SUBJECT: House Bill 425 (LC 7 5813) Joint Municipal Employees Retirement System

This Bill would allow each member employer to include in its retire ment plan provisions relating to benefits for part-time employment.

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 Barnes Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th

Burton Coverdell Dawkins Deal English

FRIDAY, MARCH 8, 1985

2773

Engram Fincher Foster Gillis Greene Harris Harrison Hine Horton

Howard Kidd Land Langford McGill Perry Phillips Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bryant Cobb Coleman Dean

Garner Holloway Hudgins Huggins Kennedy (presiding)

McKenzie (excused) Peevy Ray Reddish

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

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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or of a road tax law of another state from the suspension provisions of this Code section.
Senate Sponsor: Senator Fincher of the 54th.

Senator Fincher of the 54th moved that HB 179 be committed to the Senate Com mittee on Transportation.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 179 was committed to the Senate Committee on Transportation.

HB 222.

By Representatives Martin of the 60th, Coleman of the 118th, Colvert 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.
Senate Sponsor: Senator Harris of the 27th.

Senator Harris of the 27th moved that HB 222 be committed to the Senate Com mittee on Public Safety.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 222 was committed to the Senate Committee on Public Safety.

The following local bill of the House was taken up for the purpose of considering the House action thereon:

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

Senator Allgood of the 22nd moved that the Senate insist upon the Senate substi tute to HB 1035.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1035.

FRIDAY, MARCH 8, 1985

2775

SUPPLEMENTAL RULES CALENDAR
Friday, March 8, 1985
FORTIETH LEGISLATIVE DAY
HB 887 Uniform Partnership Act--change certain provisions (SUBSTI TUTE) (Judy--49th)
HB 546 Indigent Interment--exception to amounts payable to county (Judy--49th)
HB 183 Civil Cases--judge's granting of new trial requires reason (Judy--49th)

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 887.

By Representatives Chambless of the 133rd, Evans of the 84th and Thomas of the 69th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 887:

A BILL
To be entitled an Act to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, so as to change provisions relating to statements of the ownership of real property in partnership statements; to expand certain presumptions; to clarify the form of the dissenting statement; to limit the effect of the dissent ing statement with respect to third parties dealing with the partnership in a situation in which the affidavit has not been recorded in every county in which a statement of partnership is on record; to provide that the partner ship shall have the benefit of the protection provided by the statement of partnership against subsequent grantees; to remove the distinction between causes that are and are not "in contravention" of the partners' agreement; to cut off the indemnification rights only of the acting partner where that part ner has created a liability by acting after a dissolution of which such partner should have been aware; to maximize the flexibility of the partners concern ing the consequences of dissolution; to permit predissolution creditors to reach the assets of a continued partnership on the same basis as postdissolution creditors whether or not the business is continued with the consent or assignment of a withdrawing partner or estate of a deceased partner or oth-

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erwise by right; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Chapter 8 of Title 14 of the Official Code of Georgia Anno tated, known as the "Uniform Partnership Act," as contained in Ga. L. 1984, p. 1439, and which will become effective April 1, 1985, is amended by striking subsection (a) and by striking paragraph (7) of subsection (b) and by striking subsections (f) and (g) of Code Section 14-8-10A, relating to statement of partnership generally, in their entirety and substituting in lieu thereof a new subsection (a) and a new paragraph (7) of subsection (b) and new subsections (f) and (g) to read as follows:
"(a) A statement of partnership in the name of the partnership, signed by all of the partners and witnessed and notarized, may be re corded in the office of the clerk of the superior court of any county and shall be recorded by such clerk in a book to be kept for that purpose and open to public inspection. If the partnership shall desire to file such a statement in more than one county, a transcript of the statement, duly certified by the clerk in whose office it was originally filed, under such clerk's official seal, shall be filed and recorded in like manner in the office of the clerk of the superior court in every such county. As a prerequisite to such filing, the clerk of each such registry may collect a fee in the amount of the fee then allowed for the filing of certificates of limited partnerships.
(7) Any property (including real property) belonging to the partner ship, which the partnership desires to disclose; provided that, with respect to real property, owned by the partnership but not titled in the name of the partnership, at the time the statement (or any amendment thereto disclosing such real property) is filed, the partnership shall also file and record in the deed records of the county wherein such real property lies a deed or deeds conveying such real property to the partnership filing the statement (or amendment). The deed or deeds under this subsection shall not be subject to the real estate transfer tax levied by Code Section 48-61. Title to all real property so conveyed shall be deemed to be held in the partnership name from the date of the filing of such statement (or amendment) and deed or deeds in the county wherein such real property lies;
(0 It shall be conclusively presumed against the partnership that all facts stated in the statement of partnership are true. Without limiting the generality of the foregoing, it shall be conclusively presumed against the partnership that the persons named as partners in a statement of partnership are members of the partnership named, that they are all of the members of the partnership, that the partners have the authority dis closed by this statement, that there are no limitations on this authority beyond those contained in this chapter other than those disclosed in this statement, that any partner stated to be dead is deceased, and that any partner stated to have withdrawn has withdrawn from the partnership. The conclusive presumption under this subsection or under subsection (g) of this Code section shall not arise with respect to a statement of partner ship if and from the date that there is recorded by anyone claiming to be

FRIDAY, MARCH 8, 1985

2777

a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, an affidavit, sworn to by the person executing it, which shall set forth the name of the partnership, a statement that such person claims to be a member of such partnership, or a personal representative of such member, or a statement that any of the persons named in a previously recorded statement of partnership are not members of such partnership, or a statement that any of the other facts stated in a previously recorded statement of partnership are not true. Said affidavit shall not be effective to the prejudice of a person who is not a partner:
(1) In connection with a transaction involving partnership real prop erty, unless the affidavit was recorded in the county in which the property is located; or
(2) In connection with any other transaction if the affidavit was not recorded in a county in which the statement of partnership was recorded, the person relied on a statement of partnership recorded in such county, and the person had no knowledge or notice of the affidavit.
(g) The existence of the facts described in subsection (f) of this Code section shall be conclusively presumed in favor of the partnership and against a grantee from the partnership, or a person claiming through such grantee, of partnership real property located in a county in which a statement of partnership or a certified copy thereof has been recorded. It shall also be conclusively presumed in favor of the partnership and against such a grantee or person that a partner's authority to act for the partnership is limited as provided in a statement of partnership."
Section 2. Said Chapter is further amended by adding a new subsection (c) at the end of Code Section 14-8-31, relating to causation of dissolution, to read as follows:
"(c) Subject to contrary agreement of the partners, a dissolution is not in contravention of the partnership agreement if it is caused at any time by the express will of all of the partners who have not assigned their interests or suffered them to be charged for their separate debts."
Section 3. Said chapter is further amended by striking Code Section 14-8-33, relating to the limitation of authority of partner to act for dissolved partnership, in its entirety and substituting in lieu thereof a new Code Sec tion 14-8-33 to read as follows:
"14-8-33. Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolu tion terminates all authority of any partner to act for the partnership:
(1) With respect to the partners, as declared in Code Section 14-834; and
(2) With respect to persons not partners, as declared in Code Sec tion 14-8-35."
Section 4. Said chapter is further amended by striking Code Section

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14-8-34, relating to liability of partners for actions of copartners following dissolution of partnership, in its entirety and substituting in lieu thereof a new Code Section 14-8-34 to read as follows:
"14-8-34. Subject to contrary agreement of the partners, each part ner is liable to his copartners for his share of any liability created by any partner acting for the partnership after dissolution as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership after dissolution where:
(1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution;
(2) The dissolution being by the death of a partner, the partner act ing for the partnership had knowledge or notice of the death; or
(3) The dissolution is not by the act or death of a partner."
Section 5. Said chapter is further amended by striking Code Section 14-8-38, relating to the application of partnership property to satisfy obliga tions upon rightful dissolution and rights of partners following wrongful dis solution, in its entirety and substituting in lieu thereof a new Code Section 14-8-38 to read as follows:
"14-8-38. (a) Unless otherwise agreed by the partners in the part nership agreement, at the time of the transaction, or at any other time, when dissolution is caused in any way, other than wrongfully either in contravention of the partnership agreement or as a result of other wrong ful conduct of a partner, any partner, or the legal representative of the estate of a deceased partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, may have the partnership property applied to discharge its liabilities and the surplus applied to pay in cash or its equivalent the net amount owing to the respective partners. The foregoing provision shall not apply if dis solution is caused by expulsion of a partner in accordance with the terms of a partnership agreement. Unless otherwise agreed by the partners, in the event of such expulsion the expelled partner shall receive the net amount due him from the partnership and the partners who continue the business shall obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities.
(b) Unless otherwise agreed by the partners in the partnership agreement at the time of the transaction or at any other time, when dis solution is caused wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, the rights of the partners shall be as follows:
(1) Each partner who has not caused dissolution wrongfully shall have:
(A) All the rights specified in subsection (a) of this Code section; and
(B) The right, as against each partner who has caused the dissolu-

FRIDAY, MARCH 8, 1985

2779

tion wrongfully, to damages for such wrongful dissolution and to any other right or remedy provided for in the partnership agreement;
(2) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by them selves or jointly with others, may do so, and for that purpose may possess the partnership property. If the partners continue the business, they shall pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section and obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities;
(3) A partner who has caused the dissolution wrongfully shall have:
(A) If the business is not continued under the provisions of para graph (2) of subsection (b) of this Code section, all the rights of a part ner under subsection (a) of this Code section, subject to subparagraph (b)(l)(B) of this Code section;
(B) If the business is continued under paragraph (2) of subsection (b) of this Code section the right, as against his copartners and all claim ing through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages or other amounts recoverable under subparagraph (b)(l)(B) of this Code section, ascertained and paid to him and to have the partners who continue the business obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities; but in ascertaining the value of the partner's interest the value of the good will of the business shall not be considered."
Section 6. Said chapter is further amended by striking Code Section 14-8-41, relating to relations with creditors following admission of new part ners, withdrawal of existing partners, or assignment of partnership rights to third parties, in its entirety and substituting in lieu thereof a new Code Sec tion 14-8-41 to read as follows:
"14-8-41. (a) When any partner withdraws, is expelled, or dies and the business of the dissolved partnership is continued by one or more of the partners, either alone or with others, without liquidation of the part nership affairs, creditors of the first or dissolved partnership are also creditors of the person or partnership continuing the business.
(b) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.
(c) The liability of a third person becoming a partner in the partner ship continuing the business, under this Code section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only.
(d) When the business of a partnership after dissolution is continued

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under any conditions set forth in this Code section the creditors of the dissolved partnership, as against the separate creditors of the withdraw ing or deceased partner or the representative of the deceased partner, have a prior right to any claim of the withdrawn partner or the represen tative of the deceased partner against the person or partnership continu ing the business, on account of the withdrawn or deceased partner's in terest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property.
(e) Nothing in this Code section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.
(f) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership."
Section 7. Said chapter is further amended by striking Code Section 14-8-42, relating to the continuation of business after withdrawal or death of a partner, in is entirety and substituting in lieu thereof a new Code Sec tion 14-8-42 to read as follows:
"14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsection (a) of Code Section 14-8-41 or paragraph (2) of subsection (b) of Code Section 14-838, without any settlement of accounts as between the withdrawn partner or the legal representative of the estate of a deceased partner and the persons or partnership continuing the business, unless otherwise agreed:
(1) Such persons or partnership shall obtain the discharge of the withdrawn partner or the legal representative of the estate of the de ceased partner, or appropriately hold him harmless from all present or future partnership liabilities, and shall ascertain the value of his interest at the date of dissolution; and
(2) The withdrawn partner or legal representative of the estate of the deceased partner shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with inter est, or, at his option, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership, provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the withdrawn or deceased partner, shall have prior ity on any claim arising under this Code section, as provided by subsec tion (g) of Code Section 14-8-41."
Section 8. This Act shall become effective on April 1, 1985.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 8, 1985

2781

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

TO:

The Honorable J. Nathan Deal, Chairman

Senate Judiciary Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

March 7, 1985

SUBJECT: Fiscal Note--House Bill 887 Substitute (LC 17-0627S) Uniform Partnership Act: Change Provisions

This Bill would provide for certain procedures and requirements rela tive to the Uniform Partnership Act. The Bill contains procedures for filing a statement of partnership and includes a requirement that partnerships owning real property not titled in the partnership's name must file a deed or deeds in the county where the property lies conveying the property to the partnership filing the statement. The deed(s) would not be subject to the real estate transfer tax. All facts in the statement of partnership would be presumed true unless a person claiming to be a partner or a partner's repre sentative swears by affidavit to the contrary. The affidavit would have a lim ited effect on non-partners dealing with the partnership.

The Bill also provides for the protection of partnerships against grant ees or others making claims through a grantee. It clarifies the circumstances under which a partnership is dissolved, addresses the authority of a partner to act for a dissolved partnership, and modifies the provisions related to a partner's liability after a partnership's dissolution. Creditors of a dissolved partnership continued by one or more former partners without the liquida tion of the partnership's affairs would also be creditors of the subsequent partnership.

The Department of Revenue has indicated that the cost (revenue loss) of the Bill specifically related to the provision on real estate transfer taxes would be between $3.3 million and $3.8 million annually to the counties. The revenue loss to the state could not be determined since the state's share of the tax is dependent upon individual county millage rates. No additional revenue gains or losses resulting from the Bill were identified; the bill would have no effect on Department of Revenue administrative costs.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

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JOURNAL OF THE SENATE

Senator Deal of the 49th offered the following amendment:

Amend the substitute to HB 887 offered by the Senate Committee on Judiciary by striking from lines 14 through 16 of Page 3 the following:
"The deed or deeds under this subsection shall not be subject to the real estate transfer tax levied by Code Section 48-6-1."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 30, 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 Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins Kidd Land Langford

Peevy Perry Phillips Reddish Scott of 36th Starr Stumbaugh
T1. aaLtpC
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Cobb Coleman Dean

Holloway Howard Huggins Kennedy (presiding)

McGill McKenzie (excused) Ray Scott of 2nd

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, MARCH 8, 1985

2783

Senator Horton of the 17th moved that, since the First Conference Committee report on the following bill of the House had been rejected by the Senate, a Second Conference Committee be appointed:

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.

On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Ken nedy of the 4th, President Pro Tempore, who was presiding, appointed as Conference Committee No. 2 on the part of the Senate on HB 583 the following:

Senators Bond of the 39th, Barker of the 18th and Horton of the 17th.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.

Senate Sponsor: Senator Deal of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator Garner of the 30th moved that he be excused from voting on HB 546 inasmuch as he had a direct interest in the results of the vote.

On the motion, the yeas were 31, nays 1; the motion prevailed, and Senator Gar ner of the 30th was excused from voting on HB 546.

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JOURNAL OF THE SENATE

Senator Brannon of the 51st moved that he be excused from voting on HB 546 inasmuch as he had a direct interest in the results of the vote.

On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Bran non of the 51st was excused from voting on HB 546.

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 Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene Harris Hine Howard Hudgins 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:

Allgood Barker Brannon (excused) Cobb

Coleman Garner (excused) Harrison Holloway

Horton Huggins Kennedy (presiding) McKenzie (excused)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

FRIDAY, MARCH 8, 1985

2785

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 House substitute to SB 169 was as follows:

A BILL
To be entitled an Act to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to the construction of statutes generally, so as to change provisions relating to the computation of time; to amend Code Section 9-11-6 of the Official Code of Georgia Annotated, relating to time computations, so as to provide that such computations shall be made accord ing to Code Section 1-3-1; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 1-3-1 of the Official Code of Georgia Anno tated, relating to the construction of statutes generally, is amended by strik ing in its entirety paragraph (3) of subsection (d) and inserting in its place a new paragraph (3) to read as follows:
"(3) Except as otherwise provided by time period computations spe cifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is pre scribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation."
Section 2. Code Section 9-11-6 of the Official Code of Georgia Anno tated, relating to time computations, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section 1-3-1 shall be used."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Greene of the 26th moved that the Senate agree to the House substitute to SB 169.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins English

Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Kidd Land McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Albert Bond Cobb Coleman Deal

Dean Engram Harrison Huggins Kennedy (presiding)

Langford McKenzie (excused) Stumbaugh Timmons Turner

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 169.

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 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

FRIDAY, MARCH 8, 1985

2787

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.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

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.

The House has disagreed to the Senate substitute to the following bill of the House:

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.

The House has adopted the report of the Committee of Conference on the follow ing 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 state excise taxes imposed 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 alcohol.

The House adheres to its position on House amendment #2, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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."

2788

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Robinson of the 96th and Bostick of the 138th.

The House has disagreed to the Senate substitute to the following bill of the House:

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 on the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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 House has passed by the requisite constitutional majority the following bill of the House:

HB 724.

By Representatives Coleman of the 118th and Walker of the 115th:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Offi cial Code of Georgia Annotated, relating to limited interstate banking on a regional basis, so as to provide for the inclusion of the State of Arkan sas within the definition of the term "Southern Region State."

The House adheres to its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The Speaker has appointed on the part of the House, Representatives Padgett of the 86th, Walker of the 85th and Cheeks of the 89th.

FRIDAY, MARCH 8, 1985

2789

$5

The House has dissolved the first Committee of Conference and has appointed a

|j 2nd Committee of Conference to confer with a like committee on the part of the Sen-

53 ate on the following bill of the House:

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-

v

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.

The Speaker has appointed on the part of the House, Representatives Aaron of the 56th, Childs of the 53rd and Dixon of the 151st.

The following general bill of the House, favorably reported by the committee, was ' read the third time and put upon its passage:
I'
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.
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

S

Barnes

ff.

Bond

ff:

Bowen

:.;

Brannon

;

Brantley

Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Hine Horton Hudgins

2790
Kidd Land Langford McGill Peevy Perry Phillips

JOURNAL OF THE SENATE

Ray Reddish Scott of 2nd Starr Stumbaugh Tate

Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coleman
Fincher Harrison

Holloway Howard
Huggins

Kennedy (presiding) McKenzie (excused)
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.

At 3:50 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate would stand in recess until 4:40 o'clock P.M.

At 4:40 o'clock P.M., the President called the Senate to order.

The following resolution of the Senate was read and adopted.

SR 272.

By Senators Engram of the 34th, Kidd of the 25th, Horton of the 17th and others:
A resolution creating the Senate Crime Victim Recovery Fund Study Committee.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

FRIDAY, MARCH 8, 1985

2791

The House substitute to SB 9 was as follows:
A BILL To be entitled an Act to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to provide that no rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of the state from offering for or holding any elective or appointive office of a political subdivi sion of this state or any elective or appointive office of a political party or political organization; to provide exceptions; 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. No rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization of this state, provided that the office is not full time and does not conflict with the performance of the official duties of the person as a state employee."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 9.
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 |*ond owen
?rounonf 46th
Brown of 47th Bryant Burton Coleman Coverdell Deal Dean

Engram Fincher Foster Garner Greene Harris
" arrison
Hme Horton Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish
Scott of 2nd
^tarr Stumbaugh Tate Tolleson Trulock Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barker Brantley
Cobb Dawkins English

Gillis Holloway Howard Hudgins

McKenzie (excused) Scott of 36th Timmons Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 9.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report on SB 62 was as follows:
The Committee of Conference on SB 62 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 62 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Paul C. Broun Senator, 46th District
/s/ Donn M. Peevy Senator, 48th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Henry Bostick Representative, 138th District
/s/ Pete Robinson Representative, 96th District

Conference Committee substitute to SB 62:

A BILL
To be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related

FRIDAY, MARCH 8, 1985

2793

offenses, so as to change the definition of the term "lottery"; to provide that the organization of any chain letter club, pyramid club, or other group or ganized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing them selves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated na ture; to exclude certain multilevel distribution companies; to provide a pen alty; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety paragraph (4) of Code Section 16-12-20, relating to definitions with respect to gambling offenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or prom ised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, pol icy game, or by some other name. A lottery shall also include the organi zation of chain letter or pyramid clubs as provided in Code Section 1612-38. A lottery shall not mean a promotional contest which is declared to be lawful by Code Section 16-12-36 or a scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
(A) Such prizes are conducted as advertising and promotional un dertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and
(B) No person to be eligible to receive such prize shall be required to:
(i) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value;
(ii) Purchase any goods, wares, merchandise, or anything of value from such business; or
(iii) Be present to win such prizes."
Section 2. Said article is further amended by adding at the end of Part 1 a new Code Section 16-12-38 to read as follow:
"16-12-38. The organization of any chain letter club, pyramid club,

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JOURNAL OF THE SENATE

or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such mem bership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery; and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; provided, how ever, that this Code section shall not include a 'multilevel distribution company,' as defined in Code Section 10-1-510, which is operating in compliance with Code Section 10-1-511."
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 Broun of the 46th moved that the Senate adopt the Conference Commit tee report on SB 62.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes
Bond Brannon Broun of 46th Brown of 47th
Burton Cobb Coleman Coverdell Deal English Engram

Fincher Foster Garner Greene Harris Rine
HTM Hudgms Huggins Kennedy Kidd Land Langford

McGill Peevy Perry
Phillips Ra Reddish
d
Jtarr Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Baldwin Barker Bowen

Brantley Dawkins Dean

Gillis Harrison Howard

FRIDAY, MARCH 8, 1985

2795

McKenzie (excused) Scott of 36th

Stumbaugh

Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 62.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Greene of the 26th moved that the Senate insist upon the Senate substi tute to HB 205.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 205.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HB 188 was as follows:
The Committee of Conference on HB 188 recommends that both the Senate and the House of Representatives recede from their positions and

2796

JOURNAL OF THE SENATE

that the attached Committee of Conference Substitute to HB 188 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District
Max R. Brannon Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Emory E. Bargeron Representative, 108th District
/s/ Claude A. Bray, Jr. Representative, 91st District
/s/ Roy D. Moultrie Representative, 93rd District

Conference Committee substitute to HB 188:

A BILL
To be entitled an Act 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 nominating candidates of only one political party and fewer than 1 per cent of the county's registered voters voted at the primary of that political party; to provide that said single polling place shall be the polling place for the precinct wherein the county courthouse is located and that all other pol ling places shall be closed; to provide for notice to the public of the fact that only said single polling place shall be open at the run-off primary; to provide that if the superintendent determines that a single polling place is insuffi cient, all polling places shall be open; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election districts and polling places, is amended by adding a new Code Section 21-2-270 to read as follows:
"21-2-270. (a) This Code section shall apply to a run-off primary held in a county where:
(1) No run-off primary is to be held for nomination of any candidate who is nominated at a nonpartisan primary;
(2) A run-off primary is to be held for nomination of one or more candidates who are nominated by one political party for election to the United States House of Representatives or to an office elected by the voters of the entire state; and no run-off primary is to be held for any candidate who is nominated by any other political party or any candidate

FRIDAY, MARCH 8, 1985

2797

who is nominated for election other than to the United States House of Representatives or to an office elected other than by the voters of the entire state; and
(3) Fewer than 1 percent of the county's registered voters voted at the primary of the political party by which a candidate or candidates are to be nominated at the run-off primary.
(b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said run-off pri mary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open.
(c) In any case in which only one polling place is to be utilized pur suant to this Code section, the superintendent shall cause an advertise ment to be published once a week for two weeks immediately preceding the run-off primary. Such advertisement shall be in substantially the fol lowing form:
'At the run-off primary to be held in ________ County on (date) for the nomination of candidates of the _________ Party, only one polling place shall be open and such polling place will be located at _________. Any voter who desires to vote in such run-off primary must vote at said polling place and no other polling places will be open for the run-off primary.'
(d) The superintendent shall also cause a copy of such notice to be prominently posted at each polling place in the county on the date of the run-off primary and on each of the 14 days immediately preceding the date of the run-off primary. The superintendent shall also request the news media to provide news coverage of the fact that all persons desiring to vote at the run-off primary must vote at said single polling place."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee report on HB 188.

On the motion, 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

2798
Deal English Engram Fincher Foster Garner Harris Harrison Hine Holloway

JOURNAL OF THE SENATE

Horton Howard Huggins Kennedy Kidd Land McGill Peevy Perry Phillips

Ray Scott of 2nd Starr Stumbaugh Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Cobb Dawkins Dean Gillis

Greene Hudgins Langford McKenzie (excused)

Reddish Scott of 36th Tate Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 188.

The following local bill of the House was taken up for the purpose of considering the House action thereon:

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

Senator Allgood of the 22nd moved that the Senate adhere to the Senate substi tute to HB 1035, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1035.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Allgood of the 22nd, Albert of the 23rd and Coleman of the 1st.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

FRIDAY, MARCH 8, 1985

2799

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

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.

The Second Conference Committee report on HB 583 was as follows:
The Committee of Conference on HB 583 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 583 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Barker Senator, 18th District
/s/ Julian Bond Senator, 39th District
/s/ Janice S. Horton Senator, 17th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Betty Aaron Representative, 56th District
/s/ Peggy Childs Representative, 53rd District
/s/ Harry D. Dixon Representative, 151st District

Conference Committee substitute to HB 583:

A BILL
To be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in any municipality in which the sale of alcoholic beverages for consumption on the premises is lawful, the governing authority of the municipality may, by ordinance or resolution, authorize the sale of alcoholic beverages for consumption on the premises at certain times on Sundays; to authorize but not require the exer cise of such authority to be conditioned on approval in a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

2800

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, is amended by adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows:
"(n) (1) Notwithstanding any other provisions of law, in any munic ipality of this state in which the sale of alcoholic beverages for consump tion on the premises is lawful, the governing authority of such municipal ity may by resolution or ordinance authorize:
(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; or
(B) The sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed estab lishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishments where food is served and in any licensed establishment which derives at least 50 percent of its total an nual gross income from the rental of rooms for overnight lodging; or
(C) The sale of alcoholic beverages for consumption on the premises as described by both subparagraphs (A) and (B) of this paragraph;
(2) The governing authority of any municipality which adopts a res olution or ordinance pursuant to paragraph (1) of this subsection shall be authorized, but not required, to condition the effectiveness of such resolu tion or ordinance on its approval in a referendum held within such mu nicipality. Any such referendum shall be held and conducted in accor dance with the applicable provisions of Chapter 3 of Title 21 known as the 'Georgia Municipal Election Code.' The governing authority of the municipality shall determine the question to be submitted to the voters in the referendum on the basis of the resolution or ordinance adopted pursu ant to paragraph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bond of the 39th moved that the Senate adopt the Second Conference Committee report on HB 583.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond

Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell

Dean English Engram Harris Harrison Hine Holloway Howard

FRIDAY, MARCH 8, 1985

2801

Kidd Land Langford McGill Peevy Perry Ray

Reddish Stumbaugh Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon Deal

Fincher Foster Garner Horton

Huggins Phillips Starr Tolleson

Those not voting were Senators:

Cobb Dawkins Gillis Greene

Hudgins Kennedy (presiding) McKenzie (excused)

Scott of 2nd Scott of 36th Tysinger

On the motion, the yeas were 34, nays 12; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 583.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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 on the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.

Senator Burton of the 5th moved that the Senate insist upon the Senate substitute to HB 651.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 651.

The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

2802

JOURNAL OF THE SENATE

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The Conference Committee report on HB 1035 was as follows:
The Committee of Conference on HB 1035 recommends that the House of Representatives recede from its position and that HB 1035 as passed by the Senate be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Frank A. Albert Senator, 23rd District
/s/ J. Tom Coleman, Jr. Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mike Padgett Representative, 86th District
Charles W. Walker Representative, 85th District
/s/ Donald E. Cheeks Representative, 89th District

Senator Allgood of the 22nd moved that the Senate adopt the Conference Com mittee report on HB 1035.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1035.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on SB 20 was as follows: The Committee of Conference on SB 20 recommends that both the

FRIDAY, MARCH 8, 1985

2803

Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 20 be adopted.
Respectfully submitted,

FOR THE SENATE:
Joe Burton Senator, 5th District
/s/ Wayne Garner Senator, 30th District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Forest Hays, Jr. Representative, 1st District
/s/ Carlton H. Colwell Representative, 4th District
/s/ Troy Athon Representative, 57th District

Conference Committee substitute to SB 20:

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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 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 Al 17.1-1980. It is further pro-

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JOURNAL OF THE SENATE

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;
(B) Items not installed at the time of construction under the adapta ble provisions of ANSI A117.1 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.
(2.1) '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.

FRIDAY, MARCH 8, 1985

2805

(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

Number of designated handicapped parking spaces

10-50 51-400
401 and greater

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.

(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. However, at least one toilet room per sex where provided, located on levels above or below the en trance level which are not connected by an elevator is required to provide doorways which have a minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29.

(ii) Where hospital patient bedrooms include self-contained toilet rooms, at least 10 percent of those patient bedroom toilets shall comply fully with ANSI 4.22 and ANSI figure 3(a) or 3(b) and shall be located in each ward throughout the hospital, 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 purpose hospitals that treat conditions which affect mobility, all patient baths, toilets, and bedrooms shall comply with ANSI Standards Al 17.1-1980.

(iii) Long-term care facilities, such as nursing homes and skilled nursing facilities, where patient bedrooms include self-contained toilet rooms, at least 10 percent of those patient bedroom toilets shall comply fully with ANSI 4.22 and ANSI figure 3(a) or 3(b), while all other toilet rooms located in patient bedrooms shall provide doorways which have a

2806

JOURNAL OF THE SENATE

minimum clear opening of 32 inches and grab bars which conform to ANSI 4.26 and ANSI figure 29.

(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, at least 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, 34, and 37. In long-term care facilities, such as nursing homes and skilled nursing facilities, where patient bedrooms include self-con tained bathrooms, bathing facilities, and shower rooms, at least 10 per cent of those patient bedrooms shall provide bathrooms, bathing facili ties, and shower rooms which comply fully with ANSI 4.23 and ANSI figure 3(a) or 3(b), while all other bathrooms, bathing facilities, and shower rooms in patient bedrooms 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, 34, and 37.

(F) 'Seats, tables, work surfaces, and assembly areas (ANSI 4.32 and 4.33) in a reasonable number' means the following:

Total number

Number of accessible spaces required

10-50 51-400 401 and above

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.

(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-

FRIDAY, MARCH 8, 1985

2807

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 are 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, 1984, 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 private single-fam ily residences or to duplexes, residential condominiums, or any rental apartment 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 Al 17.1-1980, 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 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.

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(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. (l)-(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 should recognize that his toric buildings undergoing rehabilitation must meet these requirements."
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 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."

FRIDAY, MARCH 8, 1985

2809

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 subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Sec tion 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforce ment of this chapter.
(2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private per son or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-4 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect, 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 subpargraph (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 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

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JOURNAL OF THE SENATE

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.
(0 The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in ques tion shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substi tutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
(g) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in ques tion, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to im plement and enforce their responsibilities under this Chapter.

FRIDAY, MARCH 8, 1985

2811

(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. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate adopt the Conference Commit tee report on SB 20.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Dean

Garner

Kidd

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Dawkins Deal English Engram Foster Greene Harris Hine

Holloway Horton Howard Hudgins Land Langford McGill Peevy Perry Phillips Ray Reddish

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JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Fincher Gillis Harrison

Muggins Kennedy (presiding)

McKenzie (excused) Stumbaugh

On the motion, the yeas were 3, nays 46; the motion lost, and the Senate rejected the Conference Committee report on SB 20.

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 615.

By Representative Lane of the 27th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate:

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 House insists on its position in substituting the following bill of the Senate:

SB 224.

By Senator Timmons of the llth:
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-

FRIDAY, MARCH 8, 1985

2813

bership in public retirement or pension systems for persons convicted of certain crimes; to provide for definitions.

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 on the practice of law for magistrates, so as to change the provisions relating to the re strictions on the practice of law.

The Speaker has appointed on the part of the House, Representatives Copelan of the 106th, Waldrep of the 80th and Davis of the 45th.

The House recedes from its position in disagreeing to the Senate substitute to the following bill of the House:

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.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House has adopted the report of the Committee of Conference on the follow ing bill of the House:

2814

JOURNAL OF THE SENATE

jj

HB 270. By Representatives Walker of the 115th, Murphy of the 18th, Burruss of

|:

the 20th 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 certain of such salaries; to add certain officials.

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering the House action thereon:

;

SB 224. By Senator Timmons of the llth:

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.

*

Senator Timmons of the 11th moved that the Senate adhere to its disagreement to

;'

the House substitute to SB 224, and that a Conference Committee be appointed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 224.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Timmons of the llth, Trulock of the 10th and Coverdell of the 40th.

The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 270.

By Representatives Walker of the 115th, Murphy of the 18th, Burruss of the 20th 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 certain of such salaries; to add certain officials.

The Conference Committee report on HB 270 was as follows:
The Committee of Conference on HB 270 recommends that both the Senate and the House of Representatives recede from their positions and

FRIDAY, MARCH 8, 1985

2815

that the attached Committee of Conference Substitute to HB 270 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Nathan Dean Senator, 31st District
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Terry L. Coleman Representative, 118th District
/s/ Larry Walker Representative, 115th District

Conference Committee substitute to HB 270:

A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change certain of such salaries; to add certain officials; to provide for the application or nonapplication of cost-of-living in creases for fiscal year 1986; to provide for matters relative thereto; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, is amended by striking paragraphs (2) through (17) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (2) through (17.2) to read as follows:
"(2) Lieutenant Governor .............................. 45,000.00
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture ........................ 60,500.00
(5) Attorney General.................................. 62,000.00
(6) State auditor ..................................... 58,000.00
(7) Commissioner of Insurance ......................... 60,500.00

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(8) Commissioner of offender rehabilitation ............... 58,500.00
(9) Commissioner of Labor ............................ 60,500.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States Government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States Government.
(10) Each member of the Board of Pardons and Paroles ............................. 58,000.00
(11) Each member of the Public Service Commission ............................. 58,000.00
(12) State revenue commissioner ........................ 58,500.00
(13) State School Superintendent ....................... 62,000.00
(14) Secretary of State ................................ 60,500.00
(15) Commissioner of veterans service ................... 58,500.00
The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the Unites States Government.
(16) Commissioner of banking and finance ........................................ 58,500.00
(17) Commissioner of administrative services ........................................ 58,500.00
(17.1) Chairman of the State Board of Workers' Compensation ...................... 58,000.00
(17.2) Each member of the State Board of Workers' Compensation other than the chairman .................................... 56,000.00"
Section 2. The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, Attorney General, state auditor, Commis sioner of Insurance, commissioner of offender rehabilitation, Commissioner of Labor, each member of the Board of Pardons and Paroles, each member

FRIDAY, MARCH 8, 1985

2817

of the Public Service Commission, state revenue commissioner, State School Superintendent, Secretary of State, commissioner of veterans affairs, com missioner of banking and finance, commissioner of administrative services, chairman of the State Board of Workers' Compensation, and each member of the State Board of Workers' Compensation shall not be increased by the cost-of-living adjustment granted to state employees for fiscal year 1986.
Section 3. This Act shall become effective July 1, 1985.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Dean of the 31st moved that the Senate adopt the Conference Committee report on HB 270.

On the motion, 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 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 Tolleson Turner Tysinger Walker

Those not voting were Senators:

Coverdell Gillis

McKenzie (excused) Timmons

Trulock

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 270.

The following bill of the Senate was taken up for the purposes of considering the House substitute thereto:

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JOURNAL OF THE SENATE

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.

The House substitute to SB 160 was as follows:

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 automatic dismissal of certain applications for hearings; to provide for compensation 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 time for payment of weekly benefits; to change the weekly benefit payable for total disability; to change the compensation payable for temporary par tial 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 that in cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or insurance carrier to repay the other health care provider the funds it has expended for the claim ant's medical treatment; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 children, 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

FRIDAY, MARCH 8, 1985

2819

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 total 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;
(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 education.
(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 cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretri cious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar to or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, 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 adding at the end of

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Code Section 34-9-100, relating to filing of claims for compensation, a new subsection (d) to read as follows:
"(d) On or after July 1, 1985, any application for hearing filed with the board pursuant to this Code section for which no hearing is con ducted for a period of five years shall automatically stand dismissed."
Section 3. 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 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 ployee shall pay the reasonable costs of the temporary care if ordered by the board."
Section 4. 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 rehabilitation benefits which in the judgment of the State Board of Workers' Compen-

FRIDAY, MARCH 8, 1985

2821

sation shall be reasonably required and appear likely to restore the em ployee to suitable employment. The costs of rehabilitation for the em ployee's restoration to suitable employment while away from the employee'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 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.
(0 Failure of the employee's attorney to cooperate with the rehabili-

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tation 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)
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 5. 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 pro vider of services shall be entitled to collect any fee unless reports required by the board have been made.
(b) No physician or hospital or medical supplier shall bill the em ployee for authorized medical treatment. The board may require recom mendations from a panel of appropriate peers of the physician or hospital or other authorized medical 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 shall con sider in its determinations."
Section 6. Said chapter is further amended by adding at the end of Part 1 of Article 6 a new Code Section 34-9-206 to read as follows:
"34-9-206. (a) A group insurance company or other health care pro vider who covers the costs of medical treatment for a person who subse quently files a claim under this chapter may give notice in writing to the board at any time during the pendency of proceedings before the board that such provider is a party at interest.
(b) In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subse quently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or insurance carrier to

FRIDAY, MARCH 8, 1985

2823

repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided further that such other provider has become a party at interest pursuant to the provi sions of subsection (a) of this Code section."
Section 7. Said chapter is further amended by striking subsection (e) of Code Section 34-9-221, relating to the timing of payment of workers' com pensation income benefits, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If any income benefits payable without an award are not paid when due, there shall be added to the accrued income benefits an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the accrued income benefits unless notice is filed under subsection (d) of this Code section or unless this nonpayment is excused by the board after a showing by the employer that owing to conditions beyond control of the employer the income benefits could not be paid within the period prescribed."
Section 8. 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) Except as provided in subsection (b) of this Code section, 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 $155.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.
(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 $175.00."
Section 9. 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:
"34-9-262. (a) Except as otherwise provided in Code Section 34-9263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character 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 em ployee is able to earn thereafter, but not more than $104.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With respect to temporary partial disability resulting from an

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accident occurring on or after July 1, 1986, the maximum weekly benefit shall be $117.00."

Section 10. Said chapter is further amended by striking subsections (c), (d), (e), (f), 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

(10) 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-eights 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

FRIDAY, MARCH 8, 1985

2825

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 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 11. 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 compensation, pay ments 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 $5,000.00. 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; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9263 shall be subtracted from the maximum 400 week period of depen dency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency;
(5) If the employee leaves dependents who are not citizens or resi-

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dents of the United States or the Dominion of Canada at the time of the accident, the amount of compensation shall not in any case exceed $1,000.00.
(c) The compensation provided for in this Code section shall be pay able only to dependents and only during dependency.
(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $65,000.00."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 160 as amended by the following amendment:

Amend the House substitute to SB 160 by adding on Page 10, line 10, after "(b)" and before "No", the following:
"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."

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen
RBBrr*oowunnnno"orff 4,4,67.tt,hh Bryant Burton Cobb Coleman Deal Dean

English Engram Fincher Foster Greene Harris
H.".'.a"rfrison Holloway Horton Howard Huggins Kennedy Kidd

Land Langford Peevy Phillips Ray Reddish
SS,,ccootttt ooff,. 23,,n6dth, Starr Stumbaugh Tolleson Turner Tysinger Walker

Those voting in the negative were Senators Brantley and McGill.

FRIDAY, MARCH 8, 1985

2827

Those not voting were Senators:

Bond Coverdell Dawkins Garner

Gillis Hudgins McKenzie (excused) Perry

Tate Timmons Trulock

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 160 as amended by the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President.:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 906.

By Representatives Kingston of the 125th, Alien of the 127th and Mueller of the 126th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.

The House has dissolved the 2nd Committee of Conference and has appointed a 3rd Committee of Conference on the following bill of the House:

HB 583.

By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 60th 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.

The Speaker has appointed on the part of the House, Representatives Aaron of the 56th, Childs of the 53rd and Dixon of the 151st.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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JOURNAL OF THE SENATE

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.

Senator Howard of the 42nd moved that, since the House had dissolved the Sec ond Conference Committee on HB 583 and appointed a Third Conference Committee, a Third Conference Committee be appointed on the part of the Senate.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the President appointed as a Third Conference Committee on the part of the Senate the following:

Senators Horton of the 17th, Barker of the 18th and Bond of the 39th.

Senator Kennedy of the 4th, President Pro Tempore, addressed the Senate extemporaneously.

The President, Lieutenant Governor Zell Miller, addressed the Senate as follows:

I'd like to take this opportunity to make a few brief personal remarks before we pack up and go home for another year.
As all of you already know, we have been part of an historic session. We have enacted a forward-looking, progressive measure that will com pletely reform education in Georgia and bring about a new era in our public schools.
Also, I cannot recall another session that was more dramatically domi nated by a spirit of cooperation, not only among the members of this body, but also between the Senate and the House and the General Assembly and the Governor.
Of course we had our differences; that is inevitable. But this year more than any other session in recent history, the members of this body ap proached those differences in a spirit of reconciliation rather than one of hostility.
And I just wanted to take a moment to tell you how much I have ap preciated the effective, congenial and courteous way you have conducted business this year.
I especially want to thank our distinguished Secretary, with whom I have been working for about a quarter of a century, and our Senate Presi-

FRIDAY, MARCH 8, 1985

2829

dent Pro Tem, who has been the Rock of Gibraltar in conference commit tees and at my side--Joe, I cannot thank you enough.
1 also want to thank our able majority leader for his help and leader ship, the minority leader, the conference committee members on the Appro priations Bill and the Education Bill and especially the Senator from the 44th for doing yeoman's work by serving on both.
I've now stood on this rostrum and presided over this body for well over 400 days--over a year day-in and day-out, moving the previous question and attempting to keep up with the Senator from the 25th. And never have I enjoyed it more than this year.
You will be back in Atlanta at various times this year, and I want to invite each of you to please come by my office.
I look forward to seeing each of you at home in your districts at some point during the coming months.
Our 40 days together have been busy, and sometimes hectic and frus trating, but with the help and cooperation of each one of you, the Senate has conducted itself in a statesman-like manner of which all of us can be proud.
The State Senate has never looked better or been stronger. I share your pride and I thank you. I thank you very much.

The following bill of the House was read the first time and referred to committee:

HB 906. By Representatives Kingston of the 125th, Alien of the 127th and Mueller of the 126th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
Referred to Committee on Urban and County Affairs.

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 bills of the House:

HB 1035.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Cheeks of the 89th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

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JOURNAL OF THE SENATE

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.

The House has adopted the report of the Committee of Conference on the follow ing 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 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 adopted the report of the 3rd Committee of Conference on the following bill of the House:

HB 583.

By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 60th 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.

The House has appointed a Committee of Conference on the following bill of the Senate:

SB 224.

By Senator Timmons of the llth:
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.

FRIDAY, MARCH 8, 1985

2831

$

The Speaker has appointed on the part of the House, Representatives Johnson of

% the 72nd, Lawler of the 20th and Steinberg of the 46th.

K

The House agrees to the Senate amendment to the House substitute to the follow ing bill of the Senate:

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.

The following bill of the House was taken up for the purpose of considering the Third Conference Committee report thereon:

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.

The Third Conference Committee report on HB 583 was as follows:
The Committee of Conference on HB 583 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 583 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Betty Aaron Representative, 56th District

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JOURNAL OF THE SENATE

/s/ Julian Bond Senator, 39th District
/s/ Janice S. Horton Senator, 17th District

/s/ Peggy Childs Representative, 53rd District
/s/ Harry D. Dixon Representative, 151st District

Conference Committee substitute to HB 583:

A BILL
To be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that, in any county in which one-half of the net revenues collected from the legalizing, controlling, licensing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education, a municipality having an indepen dent school system shall be authorized through its governing authority 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; to provide for a referendum regarding the authorization of certain Sunday alcoholic bever age sales; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, is amended by adding at the end of said Code section a new subsection, to be designated subsection (n), to read as follows:
"(n) (1) Notwithstanding other laws, in any county in which onehalf of the net revenues collected from the legalizing, controlling, licens ing, and taxing of the wholesale and retail sale of alcoholic beverages is paid over to the boards of education in such county, a municipality hav ing an independent school system shall be authorized through its gov erning authority, either by proper resolution or ordinance approved by a majority of that governing authority or by proper resolution or ordinance so approved and by its terms having its effectiveness being contingent upon referendum approval pursuant to paragraph (2) of this subsection, to allow:
(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and
(B) The sale and service by the drink of alcoholic beverages on Sun days from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and bever age sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
(2) If a resolution or ordinance is approved pursuant to paragraph (1) of this subsection and by its terms has its effectiveness contingent upon referendum approval pursuant to this paragraph, not less than ten nor more than 60 days after the date of approval of such resolution or

FRIDAY, MARCH 8, 1985

2833

ordinance it shall be the duty of the election superintendent of the municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of that municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county in which that municipality is located once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

YES Shall Sunday sales of alcoholic beverages by the drink be authorized in (name of the municipality)?'
NO

All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for ap proval of Sunday sales, the resolution or ordinance approving such Sun day sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bond of the 39th moved that the Senate adopt the Third Conference Committee report on HB 583.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bond Bowen
Coleman English Engram Harris

Hine Howard Kennedy Kidd " Langford McGm Peevy Perry Ray

Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Trulock Turner Walker

2834

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Brannon Brown of 47th

Dawkins Deal Foster

Those not voting were Senators:

Albert Barker Brantley Broun of 46th Burton Coverdell Dean

Fincher Garner Gillis Harrison Holloway Horton

Greene Muggins Starr
Hudgins Land McKenzie (excused) Phillips Tolleson Tysinger

On the motion, the yeas were 28, nays 9; the motion lost, and the Senate rejected the Third Conference Committee report on HB 583.

Senator Bond of the 39th moved that the Senate reconsider its action in rejecting the Third Conference Committee report on HB 583.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Third Conference Committee report on HB 583 was reconsidered.

On the motion offered by Senator Bond of the 39th to adopt the Third Conference Committee report on HB 583, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood
Bond Bowen B rantle y CBorybabnt Coleman Coverdell Dawkins English Engram

Harris Harrison
Hine Howard Kennedy ,,*.ld,d, Land Langford Peevy Perry Phillips

Ray Reddish
Scott of 2nd Scott of 36th Stumbaugh ,,Tate Titnmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon

Brown of 47th Burton Deal

Foster Greene Huggins

McGill

FRIDAY, MARCH 8, 1985

2835

Starr

Tolleson

Those not voting were Senators:

Barker Broun of 46th Dean Fincher

Garner Gillis Holloway

Horton Hudgins McKenzie (excused)

On the motion, the yeas were 34, nays 12; the motion prevailed, and the Senate adopted the Third Conference Committee report on HB 583.

His Excellency, Governor Joe Frank Harris, entered the Senate Chamber and ad dressed the Senate extemporaneously.

The following resolutions of the Senate were read and adopted:

i-

| SR 273. By Senators Horton of the 17th, Barker of the 18th and Bryant of the

'$

3rd:

A resolution expressing sympathy at the passing of Major William Floyd Richardson.

SR 274. By Senator Burton of the 5th: A resolution commending the Decatur Civic Chorus.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following reso lution of the House:

HR 453. By Representative Murphy of the 18th: A resolution relative to adjournment.

The House has adopted the report of the Committee of Conference on the follow ing bill of the Senate:

2836

JOURNAL OF THE SENATE

SB 224.

By Senator Timmons of the llth:
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.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

The House has passed by the requisite constitutional majority the following bill of the House:

HB 453.

By Representative Coleman of the 118th:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county, government, so as to pro vide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner.

The following resolution of the House was read and put upon its adoption:

HR 453.

By Representative Murphy of the 18th:
A resolution relative to adjournment by the General Assembly of Geor gia sine die at 7:15 o'clock P.M. on March 8, 1985.

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate was taken up for the purpose of considering the Conference Committee report thereon:

FRIDAY, MARCH 8, 1985

2837

SB 224.

By Senator Timmons of the llth:
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.

The Conference Committee report on SB 224 was as follows:
The Committee of Conference on SB 224 recommends that the Senate recede from its position and that the House Substitute to SB 224 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Paul H. Trulock Senator, 10th District
/s/ Paul D. Coverdell Senator, 40th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Rudolph Johnson Representative, 72nd District
/s/ Terry Lawler Representative, 20th District
/s/ Cathey W. Steinberg Representative, 46th District

Senator Timmons of the 11th moved that the Senate adopt the Conference Com mittee report on SB 224.

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 Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

2838

JOURNAL OF THE SENATE

Voting in the negative was Senator Tate.

Those not voting were Senators:

Barker Bowen Brantley Cobb

English Fincher Garner

Hudgins McKenzie (excused) Scott of 2nd

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 224.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SB 147 was as follows:

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 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

FRIDAY, MARCH 8, 1985

2839

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 Anno tated, relating to trafficking in cocaine, illegal drugs, or marijuana and pen alties for violations, is amended by striking subsection (a) of said Code sec tion 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, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon con viction thereof, shall be punished as follows:
(1) If the quantity of the cocaine 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 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 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.
(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

2840

JOURNAL OF THE SENATE

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.

Senator Perry of the 7th moved that the Senate agree to the House substitute to SB 147.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Foster 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 Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Brantley

English Fincher Garner

Hudgins McKenzie (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 147.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

FRIDAY, MARCH 8, 1985

2841

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

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 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 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 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.

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.

2842

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following reso lutions of the Senate:

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.

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.

The House has agreed to the Senate amendment to the following bills of the House:

HB 27. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for the exclusion of persons from the courtroom when persons under 16 years of age are testifying in certain cases involving sex offenses.

HB 539.

By Representatives Pettit of the 19th and Hanner of the 131st:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offender treatment of persons charged with crimes, so as to change the provisions relating to the use of prior findings of guilt in subsequent prosecutions and release of records of discharge; to provide for the modification of records of the Georgia Crime Information Center and the dissemination of such modified records.

HB 614.

By Representatives Martin of the 26th, Walker of the 115th, Childs of the 53rd and others:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petitions seeking relief from family vio lence, so as to provide for additional duties of court clerks and certain other persons regarding victims and petitioners in actions regarding fam ily violence; to provide that the performance of such duties shall not con stitute the unauthorized practice of law.

FRIDAY, MARCH 8, 1985

2843

HB 695.

By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th and Greer of the 39th:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the insurers insolvency pool, so as to provide for the supervision of the pool by the Insurance Commissioner.

The House has agreed to the Senate substitute to the following bills of the House:

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 re strictions on serving in a fiduciary capacity, so as to specify the qualifica tions for the office of judge of the probate court.

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.

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.

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.

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-

2844

JOURNAL OF THE SENATE

live to the adoption of rules and regulations by boards of trustees of state retirement or pension system.

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 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.

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 735.

By Representative Daugherty of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that the probate court shall have original jurisdiction over any action to vacate, set aside, or amend the probate of a will; to provide that the probate court shall have exclu sive original jurisdiction over any such action which alleges that a will other than the probated will is the true will or that there exists an unprobated codicil to the probated will.

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.

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 or residents of the Gwin nett County School District who are 65 years of age or over.

FRIDAY, MARCH 8, 1985

2845

HB 887.

By Representatives Chambless of the 133rd, Evans of the 84th and Thomas of the 69th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to ensure validity of the partnership if the book and page references are not available.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Sen ate as correct and ready for transmission to the Governor:

SB 269. SB 82.
SB 108. SB 137.
SB 160. SB 9.
SB 19. SB 30. SB 147.
SB 157. SB 169.
SB 182. SB 204.
SB 205. SB 207. SB 213.
SB 216. SB 219.
SB 221. SB 236.
SB 240. SB 253.
SB 259.
SB 274. SR 4. SR 106.
SB 16. SB 27.
SB 55. SB 78.
SB 86.
SB 95. SB 114. SB 119.

SB 158. SB 220.
SB 232. SB 234.
SB 257. SB 271.
SB 17. SB 23. SB 116.
SB 131. SB 159.
SB 166. SB 177.
SB 179. SB 184. SB 185.
SB 188. SB 191.
SB 200. SB 214.
SB 227. SB 243.
SB 255.
SB 256. SB 268. SB 276.
SB 280. SB 281.
SB 283. SR 6.
SR 33.
SB 226. SB 11. SB 75.

SB 90. SB 91.
SB 94. SB 113.
SB 115. SB 133.
SB 138. SB 139. SB 140.
SB 149. SB 197.
SB 199. SB 202.
SB 210 SB 218. SB 262.
SB 278. SB 284.
SB 286. SB 288.
SB 289. SR 18.
SR 41.
SR 52. SR 102. SR 168.
SR 176. SB 10.
SB 12. SB 25.
SB 41.
SB 43. SB 68. SB 87.

SB 102. SB 110.
SB 129. SB 134.
SB 178. SB 230.
SB 237. SB 246. SB 260.
SB 287. SR 9.
SR 27. SR 44.
SR 91. SB 6. SB 7.
SB 35. SB 40.
SB 53. SB 54.
SB 57. SB 60.
SB 61.
SB 74. SB 88. SB 92.
SB 154. SB 172.
SB 245. SB 250.
SB 252.
SB 270. SR 50. SB 26.

2846

JOURNAL OF THE SENATE

SB 39. SB 42. SB 59. SB 62.
SB 84.

SB 121. SB 123. SB 125. SB 130.

SB 155. SB 165. SB 170. SB 171.

SB 224. SB 244. SB 251. SB 254.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

Serving as doctor of the day today was Dr. Robert B. Quattlebaum of Savannah, Georgia.

The President announced at 7:13 o'clock P.M. that, pursuant to the provisions of HR 453, the Senate would now stand adjourned sine die.

INDEX

2847

Senate Journal Index 1985
Regular Session

INDEX

2849

PART I

SENATE BILLS AND RESOLUTIONS
SB 1--Merit System; Commissioner appointed by State Personnel Board ... 38 SB 2--Insurance; Courts; State liability coverage for judges,
employees .................................... 38, 551, 588, 626 SB 3--Municipalities; Officials; four-year terms set
by ordinances................................... 38, 76, 94, 114 SB 4--Probate Courts; Judges; retirement benefits ...................... 38 SB 5--Insect Sting Emergency Treatment Act; Enact;
Human Resources Department administer ...... 39, 736, 846, 953, 955 SB 6--Hospitals; Mentally ill; alcoholics, drug dependent,
involuntary treatment ........ 39, 224, 353, 412, 413, 2708, 2745, 2845 SB 7--Magistrate Courts; Service of process .................. 39, 551, 588,
626, 627, 2707, 2725, 2845 SB 8--Public Officers and Employees; Merit System;
unclassified service, Personnel Board approve ..................... 39 SB 9--Public Officers and Employees; Conflicts of interest;
employees hold local or party office ...................... 39, 76, 94, 114, 116, 2788, 2790, 2845
SB 10--Labor and Industrial Relations; Employment Agency Advisory Council; change termination date. .......... 40, 109, 192, 232, 338, 1791, 2845
SB 11--Industry and Trade Department; Economic and tourism development; powers. ...................... 40, 75, 94, 114, 118, 2040, 2073, 2845
SB 12--Labor and Industrial Relations; Correctional Services Division; remove statutory provisions ......... 40, 93, 110, 196, 197, 1790, 2845
SB 13--Drinking Age; Alcoholic beverages; sales and distribution ............. ......................................... 40, 190, 225, 366, 367
SB 14--Boiler and Pressure Vessel Safety; Labor Department; powers, inspections, exemptions. .... 40, 191, 225, 366, 376, 1088, 1118
SB 15--Elevators, Escalators; Registration, inspections ....................... ............................. 41, 191, 225, 366, 376, 1088, 1118
SB 16--Animals; Tort actions; owner's liability for injuries caused ............ .......................... 41, 224, 353, 412, 415, 2680, 2693, 2845
SB 17--Courts; Civil practice; dismissal of case, renewal limitation ............ .......................... 41, 224, 353, 412, 416, 2295, 2314, 2845
SB 18--Alcoholic Beverages and Alcoholism; DUI; military personnel, attendance at driver improvement clinics ........................ 41
SB 19--Polygraph Examiners; Regulations; licensing, State Board ....... 41, 93, 110, 196, 198, 2299, 2341, 2413, 2506, 2581, 2728, 2786, 2845
SB 20--Handicapped, Elderly; Buildings; accessibility standards, requirements ..................... 42, 224, 354, 413, 416, 427, 1185, 1214, 1404, 1432, 1605, 2802, 2830
SB 21--Minors; Handicapped; special education services .................. 42 SB 22--Minors; Handicapped; Human Resources Department,
special services. ............................. 42, 619, 678, 746, 747 SB 23--Cobb County; Annexation, Marietta; legislative delegation study policy .
.................................... 42, 76, 96, 2328, 2404, 2845

2850

INDEX

SB 24--Courts; Administrator, superior court; employed in lieu of law clerk . . ......................................... 42, 93, 110, 196, 211
SB 25--Veterinarians; License expired; reinstatement .............. 43, 76, 94, 114, 119, 722, 2845
SB 26--Assault and Battery; Correctional officers attacked; definitions, penalties .............. 43, 191, 226, 366, 378, 1790, 2845
SB 27--Witnesses; Correctional officers; fees for appearance ........... 43, 191, 226, 366, 379, 1261, 2845
SB 28--Debt; Counties, Cities; incur short-term indebtedness ................. .......................................... 43, 620, 678, 746, 748
SB 29--Driver's License; DUI; drug abuse programs, penalties, temporary permits........................... 43, 736, 846, 953, 957
SB 30--Driver's License; DUI suspension hearing; witness fees to officers. ...... .......................... 44, 587, 621, 685, 686, 2697, 2726, 2845
SB 31--Elections; Campaign financial disclosure; reports, define certain offices ................................... 44
SB 32--Respiratory Care Practices Act; Licensing ...... 44, 191, 226, 366, 380 SB 33--Driving Under Influence, DUI; Nolo contendere plea;
attorney not required ................... 44, 1357, 1419, 1478, 1479 SB 34--Elections; Voter Registration; records, location, additional places .......
............................................ 44, 76, 94, 114, 120 SB 35--Driver's License; DUI; driver improvement clinics, reciprocity .........
............................. 45, 903, 947, 1025, 1063, 2298, 2845 SB 36--Drugs and Drug Abuse; DUI convictions; limited driving permits ... 45 SB 37--Psychologists; Assistants included in privileged communications rule . 45 SB 38--Insurance; Motor vehicle; higher coverage upon DUI conviction .... 45 SB 39--Baldwin County; Superior Court; clerk, compensation ................
........................................... 45, 76, 97, 667, 2846 SB 40--Baldwin County; Probate Court; judge, compensation .................
........................................... 46, 76, 97, 667, 28.45 SB 41--Baldwin County; Tax Commissioner;
compensation ............................... 46, 76, 97, 667, 2845 SB 42--Fire Protection and Safety; Fire service organization;
false representation unlawful....... 46, 678, 739, 856, 885, 2299, 2846 SB 43--Sheriffs; Minimum annual salary, service in other courts ..............
................................ 52, 96, 352, 408, 569, 1404, 2845 SB 44--Mclntosh County; Industrial Development Authority;
continue in force ....................... 52, 76, 97, 347, 540 SB 45--Public Safety Department; Driver's License;
records to schools on bus drivers, Selective Service ............ 52, 737, 847, 953, 961
SB 46--Probate Courts; Wills; notice of probate to all beneficiaries ........ 53, 224, 354, 413, 423
SB 47--Motor Vehicles and Traffic; DUI; vehicle seized on second offense, disposition ...................... 53
SB 48--Courts; Juries; composition, procedure in state and superior courts ..... .......................................... 53, 551, 589, 626, 637
SB 49--Life Imprisonment Sentence; Parole; eligibility limited, certain cases . 53 SB 50--Employees' Retirement System; District attorneys;
secretaries, purchase service credit .............................. 53 SB 51--Penal Institutions; Victims of crime; notified of parole of inmate .... 53 SB 52--Pardons and Paroles; Criminal procedure;
judges set minimum time to serve, capital cases ................. 54

INDEX

2851

SB 53--Public Officers and Employees; Indemnification; peace officers, firemen, time to apply ..... 54, 678, 739, 856, 886, 2298, 2845
SB 54--Handicapped Persons; Deaf interpreters; may work for more than one state agency ......... 54, 407, 552, 595, 1791, 2845
SB 55--Penal Institutions; Paroles; supervision fees. .................. 54, 191, 226, 367, 387, 2531, 2845
SB 56--Local Government; Hospital authorities; property sales, local referendum ................................ 54
SB 57--Robbery; Pharmacy; theft of controlled substances, penalties .......... ................. .55, 945, 1017, 1105, 1111, 1372, 1390, 2299, 2845
SB 58--Education; School disciplinary tribunals; change provisions ......... 55 SB 59--Water, Wastewater Treatment Plant Operators Board;
change termination date. .......... 55, 408, 552, 595, 596, 2039, 2846 SB 60--Insurance; Group health; cancellation notices, grace period ............
...................... 55, 1014, 1096, 1150, 1156, 2294, 2367, 2845 SB 61--Superior Courts; Secretaries to judges, district attorneys,
salary scale ................. 55, 93, 110, 196, 214, 2295, 2323, 2845 SB 62--Gambling; Lottery; chain letter, pyramid club, definition, penalties .....
56, 587, 621, 685, 687, 2294, 2549, 2698, 2720, 2787, 2792, 2812, 2846 SB 63--Motor Vehicles and Traffic; Driver's License;
DUI vehicle declared contraband .......................... 69, 1022 SB 64--Insurance; Motor vehicle; repeal certain proof requirements ........ 69 SB 65--Banking and Finance; Branch banks;
authorize in metropolitan statistical areas ....... 69, 736, 847, 910, 919 SB 66--Property; Liens, judgments filed; court clerk record name and address . .
..................................... 70, 1196, 1269, 1367, 1394 SB 67--Secretary of State; Elections; candidate qualifications,
delete duty to determine ...................................... 70 SB 68--Elections; Absentee ballots; preparation,
application, persons overseas . . 70, 352, 409, 569, 570, 1946, 1979, 2845 SB 69--Elections; Candidates; congressional, affidavit requirements deleted .. 70 SB 70--Elections; Municipal; alcoholic beverage sales permitted...............
...................................... 70, 587, 621, 685, 688, 689 SB 71--Elections; Municipal; absentee ballots, hospitalized persons ......... 70 SB 72--Elections, Candidates; qualification, notices, fees,
change provisions ........................... 71, 352, 409, 569, 571 SB 73--Magistrate Courts; Probate Judge; service as magistrate, salary ........
.......................................... 71, 352, 409, 569, 571 SB 74--Courts; Victim of crime; right to be present in court .................
...................... 71, 1094, 1130, 1205, 1225, 2295, 2371, 2845 SB 75--Victims of Crime; Impact statement to court;
notified of inmate parole ..... 71, 224, 354, 413, 427, 1793, 1914, 2845 SB 76--Motor Vehicles and Traffic; Safety Belts; use required ............. 71 SB 77--Publications; Libel actions; retractions, court procedure ...............
............... 72, 408, 552, 595, 598, 2228, 2245, 2294, 2313, 2522 SB 78--Legal Advertisements; Publishing rates ...................... 72, 677,
739, 856, 887, 2532, 2845
SB 79--Minors; Sexual exploitation; reports by print medium processors ....... .......................................... 72, 677, 740, 856, 910
SB 80--Education; Screening, Remedial programs; children under five years . 72 SB 81--Swimming Facilities; Public; lifeguards required .................. 72 SB 82--Quality Basic Education Act, QBE; Revise public education system ....
72, 619, 678, 746, 753, 1458, 1482, 1605, 1640, 1781, 2414, 2417, 2845

2852

INDEX

SB 83--Law Clerks; Superior courts; reimbursement to counties for salaries .... .......................................... 73, 352, 409, 569, 572
SB 84--Hospitals; Missing persons; state institutions, reporting ............... ............................... 73, 192, 226, 367, 387, 1792, 2846
SB 85--Eye Banks; Conditions for eye removal, immunity from liability. .... 73 SB 86--Superior Courts; Bail in drug trafficking cases ............... 88, 1094,
1130, 1205, 1229, 2841, 2845 SB 87--Magistrate Courts; Postjudgment discovery .................. 88, 224,
354, 413, 428, 2039, 2081, 2845 SB 88--Magistrate Courts; Performance bonds; clerks
authorized sign summons .... 88, 224, 354, 413, 429, 2295, 2375, 2845 SB 89--Traffic Offenses; Accidents; reckless driving, duties of drivers ..........
...................................... 88, 1197, 1269, 1367, 1376 SB 90--Superior Courts; Habeas corpus; proceedings held at penal institution . .
.......................... 89, 191, 224, 367, 388, 1793, 1814, 2845
SB 91--Highways, Bridges and Ferries; Contracts, public works; exemption from progress payments. .................... 89, 620, 678, 746, 855, 856, 1792, 1926, 2845
SB 92--Funeral Directors; Licensing; inspections, temporary locations .......... ............................... 89, 352, 409, 569, 573, 1791, 2845
SB 93--Superior Courts; Clerks; fee for transcripts ...................... 89 SB 94--Game and Fish; fishing; shrimp; bait dealers, requirements ............
.......................... 89, 408, 552, 595, 600, 1946, 1977, 2845 SB 95--Judges; Superior Court Judges Council of Georgia; create.............
............................ 103, 551, 589, 626, 628, 2532, 2845 SB 96--Motor Vehicles and Traffic; License Plates;
staggered time for payment of taxes ....................... 104, 194 SB 97--License Plates; Time for payment, certain counties ........... 104, 194 SB 98--Conservation and Natural Resources; Wood burning, controlled;
prior notice ............................... 104, 845, 904, 954, 991 SB 99--Trucks; Load covered; requirements to prevent spillage ........... 104 SB 100--Civil Practice; Actions; written notice to all parties .............. 104 SB 101--Civil Practice; Judgment by default; provisions .....................<
..................................... 105, 1268, 1360, 1430, 1432 SB 102--Amusement Ride Safety Act; Enact; Labor Department, duties ........
......................... 105, 551, 589, 626, 629, 2151, 2217, 2845 SB 103--Superior Courts; Judges retirement fund;
creditable service, 8 years to vest.............................. 105 SB 104--Employees' Retirement System; Forfeited leave credit;
elected officials ............................................. 105 SB 105--General Assembly; Members; retirement, creditable service
requirements .............................. 105, 225, 354, 413, 430 SB 106--Blind Persons; Vending facilities; operated on state property ....... 106 SB 107--Marietta, City of; Annexation; deannex certain property . . 106, 225, 365 SB 108--Gasoline Marketing Practices; Below Cost Sales Act .................
..................... 106, 620, 679, 746, 855, 860, 1947, 1983, 2845 SB 109--Courts; Clerks; superior court retirement fund, benefits, spouse .... 106 SB 110--Sterilization; Mentally Incompetent; procedures ......................
......................... 106, 736, 847, 953, 964, 2039, 2067, 2845 SB 111--Nuclear Generating Plants; Public Service Commission; phase in costs . .
................................ 106, 192, 227, 367, 389, 630, 642 SB 112--Wills, Trusts, and Administration of Estates;
Investment trusts; fiduciaries' authority ........ 187, 736, 847, 953, 967

INDEX

2853

SB 113--Employee Benefit Plan Council, State; Create;

administer State employee benefits.................... 187, 736, 847,

953, 968, 2149, 2234, 2845

SB 114--Hospitals; Fire safety inspections ........................ 187, 1015,

1096, 1151, 1172, 2531, 2845

SB 115--Motor Vehicles and Traffic; Inspections; emissions, requirements .......

......................... 187, 408, 553, 595, 601, 2152, 2223, 2845

SB 116--Baldwin County; Homestead exemption; school taxes .................

.................................. 188, 353, 411, 2149, 2213, 2845

SB 117--Milledgeville, City of; City officials; dismissal provisions,

terms of office ...................................... 188, 353, 411

SB 118--Bad Checks; Notice; no account in existence .................... 188

SB 119--District Attorneys; County grand jury inspection; certain duties ........

.......................... 220, 677, 740, 856, 910, 913, 2841, 2845

SB 120--Legislative Retirement System; Increase benefits ................. 220

SB 121--Minors; Education; surrogate parent, immunity from liability ..........

.............................. 220, 551, 589, 626, 630, 1791, 2846

SB 122--Bail; DUI cases; delayed if faculties impaired .......................

..................................... 220, 1357, 1419, 1478, 1480

SB 123--Bail; Magistrate courts; cash bonds for ordinance violations ...........

.............................. 220, 587, 622, 685, 689, 2039, 2846

SB 124--Public School Employees Retirement System; Benefits ............ 221

SB 125--Insurance; Motor vehicle; local governments, court cases, testimony ...

.......................... 221, 620, 679, 746, 855, 868, 1791, 2846

SB 126--Public Service Commission; Utility rate cases;

inspection of corporate books ............ 221, 1418, 1468, 1621, 1623

SB 127--Courts; Corporations; tort actions, venue provisions ...................

..................................... 221, 1197, 1269, 1367, 1377

SB 128--Medical Practice; Surgical treatment; informed consent,

patient's rights.............................................. 221

SB 129--Human Resources; Criminal cases;

insanity defense, custody, evaluations. ................. 221, 620, 679,

746, 855, 871, 2150, 2210, 2845

SB 130--Fair Business Practices; Private actions; copies required ...............

.............................. 222, 551, 589, 626, 631, 2039, 2846

SB 131--Insurance; Health care providers; Department's jurisdiction ...........

.................... 222, 1014, 1096, 1151, 1164, 2707, 2720, 2845

SB 132--Hospitals; Emergency care and costs;

elderly, indigent, pregnant women ........ 222, 1416, 1468, 1621, 1623

SB 133--Stone Mountain Memorial Association; Police powers ................

......................... 222, 587, 622, 685, 690, 1947, 1988, 2845

SB 134--Consolidated Governments; County health boards; fees, exemptions .....

.............................. 347, 736, 848, 954, 973, 2298, 2845

SB 135--Motor Vehicles and Traffic; Stolen vehicle;

return to rightful owner, time limits

348, 1129, 1200, 1280, 1313

SB 136--Banking and Finance; Bank holding companies;

acquisition provisions, definitions ........................ 348, 1013,

1096, 1151, 1169, 2036, 2071, 2530

SB 137--Banking and Finance; Financial institutions;

regulations, penalties, definitions .......................... 348, 1013,

1096, 1204, 1207, 1945, 2845

SB 138--Banking and Finance; Automatic teller machines;

definitions, regulations 348, 1013, 1096, 1205, 1210, 2015, 2064, 2845

2854

INDEX

SB 139--Nursing Homes; Barber, beauty shops on premises; license not required . ..................... 348, 619, 679, 746, 855, 875, 1947, 1993, 2845
SB 140--Property; Abandoned, unclaimed; tangible, intangible, disposition ....... ......................... 348, 736, 848, 954, 974, 2664, 2674, 2845
SB 141--Pike County; Probate court; judge, nonpartisan election . . 349, 552, 593 SB 142--Spalding County; Probate court; judge, nonpartisan election ...........
.................................................. 349, 552, 593 SB 143--General Assembly; Legislative Retirement System; abolish, 1986 .. . 349
SB 144--African Development Bank; Insurers authorized to invest in securities...................... 402, 1355, 1419, 1478, 1563
SB 145--Merit System; General Assembly review rules and regulations ......... ......................................... 402, 587, 622, 685, 691
SB 146--Death; Human body; sale or purchase unlawful...................... ..................................... 403, 619, 679, 746, 855, 876
SB 147--Controlled Substances; Drug trafficking; penalties, GBI Cocaine Task Force ....................... 403, 1094, 1130, 1205, 1230, 2836, 2838, 2845
SB 148--Transportation; Contracts; highway projects, bidding procedure ........ ................... .403, 738, 848, 954, 979, 1151, 1181, 2295, 2410
SB 149--General Assembly; Members; transportation expenses................. ....................... 403, 902, 947, 1025, 1068, 2040, 2087, 2845
SB 150--Aviation; Airports; municipal annexation; landowners petition, exempt Atlanta ...... 404, 588, 622, 685, 693, 696
SB 151--Motorcycles; Headgear required; persons under 21 years .......... 543 SB 152--Health; Mentally retarded; emergency treatment, evaluations ..........
................................. .543, 736, 848, 1151, 1168, 1183 SB 153--Alcoholic Beverages and Alcoholism; Mentally ill;
repeat patients, hospitalization, treatment.... 543, 736, 848, 1151, 1177 SB 154--Cosmetology; Licensing, registration; board meetings ...............
.................... 544, 676, 740, 856, 910, 914, 2522, 2527, 2845 SB 155--Building Authority, Georgia; Police; security provisions ...............
.......................... 544, 676, 740, 856, 910, 916, 1791, 2846 SB 156--Magistrate Courts; Judges; elections, suspensions, service of process ....
....................... 544, 903, 947, 1105, 1110, 1119, 1205, 1222 SB 157--Youthful Offender Act; Definitions, policies, procedures ...............
...................... 544, 590, 620, 679, 746, 855, 877, 2039, 2845 SB 158--Grain Dealers; Licensing; breach of bond ...........................
.............................. 544, 586, 622, 685, 696, 1005, 2845 SB 159--Warehouse Act; Licensing, bond provisions .........................
.............................. 545, 586, 622, 685, 697, 1006, 2845 SB 160--Workers' Compensation; Benefits; provisions,
requirements, insurance repayments ....................... 545, 1093, 1131, 1205, 1280, 1281, 2813, 2818, 2831, 2845
SB 161--Workers' Compensation; Insurance providers; repayment for medical expenses .... .545, 1093, 1131, 1205, 1280, 1290
SB 162--Workers' Compensation; Hearings; dismissal procedures. .............. ..............................545, 1093, 1131, 1205, 1280, 1291
SB 163--Workers' Compensation; Benefits; time for payment .................. .......... ......................545, 1093, 1131, 1205, 1280, 1292
SB 164--Foreign Judgments; Civil practice; uniform enforcement law ........... ......................................... 546, 845, 904, 954, 994
SB 165--Scoliosis; Screening in public schools; parental approval not required .... 546, 736, 848, 954, 980, 1945, 2846

INDEX

2855

SB 166--Controlled Substances; Drug trafficking; punished as crime with possession of firearm ................ 546, 676, 740, 856, 910, 917, 2841, 2845
SB 167--Wilkes County; Education Board; election districts .................. ....................................... 546, 677, 743, 1262, 1345
SB 168--Fulton County; Voter registration; post cards authorized .......... ..................................... 546, 676, 740, 856, 910, 918
SB 169--Courts; Civil practice; time periods, computation on actions or orders . . . ...................... 546, 945, 1017, 1106, 1112, 2697, 2785, 2845
SB 170--Medical Practice; Malpractice; actions, time limits, object left in body. ................................. 547, 677, 741, 856, 1026, 1074, 2521, 2523, 2680, 2695, 2698, 2704, 2708, 2846
SB 171--LaGrange, City of; Downtown Development Authority; change limits . . . ....................................... 547, 621, 682, 1188, 2846
SB 172--Ocmulgee Judicial Circuit; Court reporters; expense allowance ......... ....................................... 547, 677, 744, 1188, 2845
SB 173--Superior Courts; Trials; order changed if elderly person is party ....... ..................................... 547, 677, 741, 856, 910, 923
SB 174--Superior Courts; Judges retirement fund; spouse's benefits. ........ 547 SB 175--Muscogee County; School Board; referendum on election. 548, 621, 682 SB 176--Mental Health; Retardation and Development Disabilities;
separate state agency ........................................ 548 SB 177--Dade County; Water and Sewer Authority; issuance of
revenue bonds ........................... 581, 621, 682, 1123, 2845 SB 178--Baldwin County; State Court; terms, salary of solicitor and judge ......
.................................. 581, 621, 682, 1603, 1817, 2845 SB 179--Calhoun County; Commissioners; chairman, compensation .............
....................................... 581, 621, 682, 1124, 2845 SB 180--Superior Courts; Judges retirement fund; spouse's benefits ......... 581 SB 181--Domestic Relations; Arrest powers;
peace officers, court order disobeyed ...... 582, 1015, 1097, 1151, 1173 SB 182--Motor Vehicles and Traffic; Handicapped parking violations;
towing fees, rental car 582, 1417, 1468, 1621, 1656, 2708, 2723, 2845 SB 183--Superior Courts; Appeals; trials, time and procedures. ................
..................................... 582, 1357, 1419, 1478, 1564 SB 184--Macon County; Industrial Building Authority; continue in force. .......
....................................... 582, 621, 683, 1124, 2845 SB 185--Osteopaths; Medical colleges; student loans .........................
.......................... 582, 1093, 1131, 1205, 1237, 1945, 2845 SB 186--Superior Courts; Northeastern Judicial Circuit; additional judgeship ....
..................................... 582, 676, 741, 856, 910, 924 SB 187--MARTA; Repeal wage and benefit limits, non-union employees .... 583 SB 188--Spalding County; Griffin-Spalding Development Authority;
continue in force ......................... 583, 621, 683, 1124, 2845 SB 189--Coweta County; Probate Court; judge, nonpartisan
election ............................................ 583, 621, 683 SB 190--Death; Coroners, Medical examiners; duties at scene of death, fees . 583 SB 191--Health Care Facilities; Living Wills;
prepared for residents only on request..................... 610, 1015, 1097, 1205, 1212, 1238, 2532, 2845
SB 192--Penal Institutions; Probation; pretrial release programs, only indigent persons ........................................ 611
SB 193--Wilkinson County; Superior court; clerk, personnel cost-of-living increases............ 611, 677, 744

2856

INDEX

SB 194--Wilkinson County; Sheriff; personnel, cost-of-living increases ...... ..................................................611, 677, 744
SB 195--Wilkinson County; Tax Commissioner; personnel, cost-of-living increases .................... 611, 677, 744
SB 196--Wilkinson County; Probate court; judge, personnel, cost-of-living increases ............... 611, 677, 744
SB 197--Wilkinson County; Magistrate court; chief and clerk, cost-of-living increases ................... 611, 677, 744, 1188, 2845
SB 198--Elderly; Medicaid eligibility; nursing home resident, homestead exempt........................................... 612
SB 199--Tax Collectors, Commissioners; Minimum salaries ................. ....................... 612, 903, 947, 1025, 1070, 2040, 2090, 2845
SB 200--Hospice Care; Patient death; post mortem exemptions ................ .......................... 612, 1093, 1131, 1205, 1238, 2532, 2845
SB 201--Emergency Medical Services; Unpaid physician advising ambulance; immunity from liability .... 612, 1268, 1360, 1430, 1436, 1445, 1456
SB 202--State Defense Force; Georgia State Guard; name changed ............ ..612, 944, 1017, 1106, 1113, 1151, 1205, 1227, 1238, 1945, 2845
SB 203--Juvenile Justice Commission; Create to study juvenile justice system .... ..................................... 612, 1357, 1420, 1478, 1566
SB 204--Insurance; Blind persons; discrimination in coverage unlawful.......... ........................... 613, 945, 1017, 1106, 1114, 2148, 2845
SB 205--Stone Mountain Memorial Association; Membership; delete Lieutenant Governor .... 613, 945, 1017, 1105, 1108, 2148, 2845
SB 206--Employees' Retirement System; Transfers to Teachers Retirement; limit............................................ 668
SB 207--Education; County boards; chairman, term may be set by local law .... .......................... 668, 1416, 1468, 1621, 1657, 2151, 2845
SB 208--Estates; Appraisement; heir or beneficiary may offer evidence.......... ..................................... 668, 1129, 1200, 1280, 1314
SB 209--Tax Collectors, Commissioners; Ad valorem tax; payment and reports to county on collections .................... 668
SB 210--Cave Protection; Entry without permission; punished as misdemeanor . . . ......................... 668, 737, 848, 954, 981, 2522, 2526, 2845
SB 211--Child Support; Alimony; revision of judgment, time provisions ......... ..................................... 669, 1129, 1200, 1280, 1315
SB 212--Criminal Trespass; Entering premises while armed; penalties .......... ..................................... 725, 1417, 1468, 1622, 1665
SB 213--Emergency Management; Deputy director; change title to executive director .......................... 725, 944, 1018, 1106, 1115, 1151, 1205, 1228, 2148, 2845
SB 214--Hazardous Materials; Transporting; Public Service Commission regulate ................... 726, 1418, 1469, 1622, 1667, 2841, 2845
SB 215--Hunting; Landowner's permission required; enforcement ...... 726, 946 SB 216--Financial Institutions; Bank holding companies;
merger of subsidiaries. ....... 726, 1013, 1097, 1151, 1175, 2148, 2845 SB 217--Coroners; Prison inmate; death without physician, notification to GBI. . .
..................................... 834, 1015, 1097, 1205, 1213 SB 218--Rockdale County; Sheriff; employ personnel.........................
................................. 834, 946, 1023, 1779, 1818, 2845 SB 219--Alcoholic Beverages and Alcoholism;
Drug abuse treatment and education programs; licensing.............. .......................... 835, 1093, 1132, 1205, 1239, 2148, 2845

INDEX

2857

SB 220--Property; Coordinate system; to designate geographic points in state .... ...................... 835, 946, 1018, 1106, 1117, 2151, 2262, 2845
SB 221--Fulton County; Health Board; create by ordinance, powers and duties . . ..................................... 835, 1199, 1276, 2148, 2845
SB 222--Juvenile Proceedings; Probation workers; state subsidy to employ, certain counties........................ 835
SB 223--Health; County boards; employees retirement, counties of 500,000 . . 835 SB 224--Employees' Retirement System; Unused leave credit;
benefits lost on conviction of crime ................. 836, 1358, 1420, 1478, 1566, 2741, 2752, 2812, 2814, 2830, 2836, 2837, 2846
SB 225--Employees' Retirement System; Unused leave credit; elected and classified personnel................................ 836
SB 226--Cobb County; Sheriff; chief deputy, investigator, compensation......... ..................................... 895, 1016, 1102, 1779, 2845
SB 227--DeKalb County; Education Board; members, compensation ............ .......................... 895, 1359, 1425, 1429, 1430, 2579, 2845
SB 228--Audits; Local governments; change certain requirements .............. ..................................... 895, 1016, 1097, 1151, 1166
SB 229--Marietta, City of; Annexation; change limitations ................ 895 SB 230--Cobb County; Education Board; members, compensation ..............
................................ 896, 1016, 1103, 2075, 2097, 2845 SB 231--Criminal Trespass; Damage to property; definitions, penalties ..........
.................................... ............937, 1268, 1360 SB 232--Forestry; Timber sales transactions; wood load tickets to landowner ....
..................... 938, 1197, 1269, 1367, 1378, 2150, 2230, 2845 SB 233--Elderly; Community care services; agencies authorized to serve ........
.................................... 1006, 1093, 1132, 1205, 1241 SB 234--Minors; Infants; civil practice next of friend actions, bond required ....
.................... 1006, 1197, 1270, 1367, 1380, 2151, 2244, 2845 SB 235--Insurance; Major medical policies; other insurers,
excess payments allowed ............... 1007, 1093, 1132, 1205, 1242 SB 236--Macon County; Commissioners; membership, election districts .........
.................................... 1007, 1095, 1136, 1662, 2845 SB 237--Marietta, City of; Cobb County community improvement districts;
create ............................... 1007, 1095, 1136, 1779, 2845 SB 238--Teachers; Sick leave; accumulation provisions .................. 1007 SB 239--Magistrate Courts; Postjudgment discovery;
interrogatories, certain cases ................................. 1007 SB 240--Criminal Trespass; Damage to property; definitions, penalties ..........
......................... 1007, 1196, 1270, 1367, 1381, 2148, 2845 SB 241--Garnishment; Child Support; procedures ....................... 1088 SB 242--Hazardous Materials; Railroads;
hauling hazardous material, caboose required. .................. 1088 SB 243--Alcoholic Beverages and Alcoholism;
Billiard rooms; sales authorized if half of gross is food ... 1089, 1416, 1469, 1622, 1668, 2841, 2845
SB 244--Wayne County; State Court; judge, solicitor, salary, secretary ......... .................................... 1089, 1130, 1201, 1603, 2846
SB 245--LaFayette, City of; Officials; vacancies, mayor's power, elections ...... .................................... 1124, 1199, 1276, 1603, 2845
SB 246--Savannah, City of; Municipal Court; judge emeritus serve Chatham Magistrate Court. ............... 1124, 1269, 1364, 1365, 1367, 1662, 2845
SB 247--Magistrate Courts; Default judgments; appeals procedure ....... 1124

2858

INDEX

SB 248--Magistrate Courts; Default judgments; relief procedures ......... 1125 SB 249--Probate Courts; Chief clerks; appointment, powers ..........
.................................... 1125, 1356, 1420, 1478, 1575 SB 250--Macon County; Education Board; membership, elections, vacancies ....
.................................... 1188, 1269, 1364, 1779, 2845 SB 251--Dawson County; Industrial Building Authority; continue in force .......
.................................... 1188, 1359, 1426, 1943, 2846 SB 252--Crime Information Center; Post-Mortem examinations;
reports relating to dead bodies .......................... 1189, 1416, 1469, 1622, 1669, 2664, 2681, 2845
SB 253--Law Enforcement Officers and Agencies; Appreciation Day; designate in February. ...... 1189, 1418, 1469, 1622, 1672, 2149, 2845
SB 254--Bloomingdale, City of; Vice mayor; election ........................ .................................... 1189, 1359, 1426, 1944, 2846
SB 255--Bryan County; Business license; firms in unincorporated areas ......... .................................... 1189, 1359, 1426, 2328, 2845
SB 256--Boll Weevil Eradication Act; Agriculture Department; powers and duties ..... 1189, 1266, 1360, 1430, 1437, 2149, 2202, 2845
SB 257--Insurance; Reserves; requirements, accident and sickness policies ....... .................... 1190, 1357, 1420, 1478, 1576, 2149, 2258, 2845
SB 258--Alcoholic Beverages and Alcoholism; Sales by the drink; prohibit happy hour, 2 for 1 sales ....... 1190, 1416, 1469, 1622, 1673
SB 259--Morgan County; Magistrate Court; select clerk, assess court costs ...... .................................... 1190, 1269, 1365, 2038, 2845
SB 260--Milledgeville, City of; Corporate limits; city officials, terms, vacancies in office. ................... 1262, 1359, 1426, 1944, 1984, 2845
SB 261--Campaign and Financial Disclosure; Contributions; investigations, illegal use of state employees .................... 1262
SB 262--Local Government; Bonds; proceeds invested in authorized institutions . . ......................... 1262, 1355, 1420, 1478, 1578, 2532, 2845
SB 263--Nuclear Generating Plants; Public Service Commission; cost prudency determinations ........... 1350, 1418, 1469, 1622,4675
SB 264--Superior Courts; Piedmont Judicial Circuit; additional judge .......... .................................... 1350, 1417, 1470, 1622, 1676
SB 265--Motor Fuel Tax; Consolidated governments; levy for public facilities, referendum .......................... 1350
SB 266--Bad Checks; Notice; no account in existence ........................ .................................... 1350, 1417, 1470, 1622, 1679
SB 267--Pharmacists, Pharmacies; Licensing; continuing education requirements . .................................... 1351, 1417, 1470, 1622, 1680
SB 268--Food, Drugs and Cosmetics; Food service establishments; inspections, definitions ...... 1351, 1415, 1470, 1622, 1683, 2531, 2845
SB 269--Development Authorities; Georgia; bonds, leases, sewer projects; loans to local governments .............................. 1351, 1419, 1470, 1622, 1684, 2414, 2502, 2582, 2845
SB 270--Jesup, City of; Mayor, commissioners; election, compensation .......... .................................... 1409, 1467, 1618, 1944, 2845
SB 271--Glynn County; Education Board; compensation of members ........... .................................... 1461, 1709, 1803, 2254, 2845
SB 272--Glynn County; Sheriff; automobiles ...................... 1605, 1798, 1969, 2328, 2373, 2415, 2508, 2581
SB 273--Tax Collectors, Commissioners; Tax payment checks payable to office; exempt Fulton County ...................................... 1605

INDEX

2859

SB 274--Cobb County; Commissioners; compensation .............. 1606, 1798,

^

1969, 2328, 2406, 2845

SB 275--Cobb County; Tax Commissioner; compensation ...... 1606, 1798, 1969

SB 276--Cobb County; Probate Court; judge and clerk, compensation ..........

.................................... 1606, 1798, 1969, 2579, 2845

SB 277--Income Tax; Depreciation allowances, property;

definitions, federal income ................................... 1606

SB 278--Dawson County; Commissioner; change compensation ................

:'

.................... 1606, 1798, 1970, 1973, 1974, 2328, 2374, 2845

SB 279--Union City, City of; Municipal court; associate judge, appointment.....

............................................... 1606, 1798, 1970

SB 280--Senoia, City of; Corporate limits; change 1607, 1798, 1970, 2328, 2845

SB 281--Etowah, City of; Water and Sewer Authority; revenue bonds ..........

.................................... 1706, 1798, 1970, 2329, 2845

SB 282--Dawson County; Business license tax;

;.'

impose, firms in unincorporated areas ............... 1706, 1798, 1970

SB 283--Woodstock, City of; Corporate limits; change ............. 1706, 1798,

1970,2329,2845

SB 284--Byromville, Town of; New charter ....... 1706, 1798, 1971, 2329, 2845

SB 285--Superior Courts; Cobb Judicial Circuit; judges, retirement payments. . . .

............................................... 1795, 1956, 2048

SB 286--Smyrna, City of; Mayor and Council; terms of office, referendum ......

,v

.................................... 1707, 1798, 1971, 2329, 2845

::fi SB 287--Powder Springs, City of; Corporate limits; change, mayor's powers .....

|

......................... 1796, 2046, 2164, 2180, 2191, 2580, 2845

' SB 288--DeKalb County; Education Board; continue in force..................

.................................. 1947, 2046, 2164, 2580, 2845

SB 289--DeKalb County; Education tax; continue in force ....................

.................................... 1948, 2046, 2165, 2580, 2845

SB 290--Soperton, City of; City Council; elections, districts .............. 2536

2860

INDEX

SENATE RESOLUTIONS

SR 1--Senate; Rules; adopt.......................................... 31 SR 2--Senate; Notify House the Senate has convened ................... 32 SR 3--Senate; Officials, employees and committees; relative to ........... 32 SR 4--Baldwin County; Property conveyance; to Grumman Aerospace
Corporation ....................... 46, 57, 77, 98, 2040, 2093, 2845 SR 5--General Assembly; Members; elected for four-year
term ..................................... 46, 76, 94, 114, 121 SR 6--Layson, Horace "Gus"; Designate bridge over Little River,
Eatonton, in honor ................ 46, 93, 110, 196, 217, 1006, 2845 SR 7--Mental Health; Facilities Staffing Study Committee; create ...........
...................................... 47, 2155, 2158, 2311, 2316 SR 8--Mental Health; Facilities Staffing Study Committee, joint; create .....
...................................... 47, 903, 947, 1025, 1060 SR 9--Baldwin County; Property conveyance;
to General Telephone Company (GTE)................... 47, 57, 77, 98, 99, 1792, 1816, 2845
SR 10--Milledgeville, City of; Property conveyance ............... 47, 57, 77, 98, 100, 1261, 1815, 2152, 2212, 2370
SR 11--Arts; programs for handicapped; appreciation to Special Audiences, Inc. ........................................................ 49
SR 12--Local Government; Debt; counties, cities, limited short-term debt, certain cases ...... 47, 621, 680, 746, 855, 878
SR 13--Public Officials and Employees; Elected; removal, suspension from office upon federal indictment......... 47, 76, 95, 114, 123, 232, 342
SR 14--Congress, U.S.; Ratify 1789 amendment prohibiting salary increase during term ..................... 48, 76, 95, 114, 125
SR 15--Hamilton, Pat; commend ...................................... 49 SR 16--Eddy, Joyce; commend ........................................ 49 SR 17--Small Businesses in Georgia Study Committee, joint .................
............................... 48, 846, 904, 954, 995, 2295, 2402 SR 18--Southern Regional Education Compact; Oklahoma; membership .......
............................. 48, 352, 409, 569, 574, 1794, 2845 SR 19--Thomas, Eloise; commend ..................................... 49 SR 20--Miller, Lottie; commend ...................................... 49 SR 21--Chisholm, Shirley; commend ................................... 49 SR 22--Victims of Crime; Parole supervision fees; used to assist ..............
.......................................... 56, 191, 227, 367, 390 SR 23--Collier, Mozella Gaither; condolences ........................... 58 SR 24--Lester, William M.; condolences................................ 58 SR 25--Local Government; Sales tax; local option to finance public facilities 56 SR 26--Penal Institutions; Pardons and Paroles Board;
limit parole powers, certain crimes.............................. 56 SR 27--Camden County; Property conveyance;
exchange land with U.S. Navy, Kings Bay.............. 56, 192, 227, 367, 392, 1947, 2023, 2152, 2845
SR 28--Valdosta High School football team; commend Coach Hyder and team .............................................. 58, 88
SR 29--Urban County and Municipal Study Committee; create ........... 57 SR 30--Initiative Petition; Statutes; constitutional amendments
enacted by people ............................................ 57

INDEX

2861

SR 31--Antebellum Trail; Designate via Athens, Milledgeville and Macon................................... 57, 75, 95, 114, 126
SR 32--Gordon County; Volunteer Firemen; commend. ................... 59 SR 33--Peeples, I.M.; Designate bridge; Highway 441, Murray County
in honor ........................ 73, 353, 410, 569, 575, 1006, 2845 SR 34--Congress, U.S.; Urge constitutional amendment,
four-year terms for Congressmen .............. 73, 352, 410, 569, 576 SR 35--Stilson Elementary School; commend. ........................... 59 SR 36--Henderson, Zach S.; condolences ............................... 59 SR 37--Education; County boards; members elected,
superintendents appointed by boards ....... 74, 1268, 1360, 1430, 1438 SR 38--Committees, Study; Music Industry Study Committee ................
...................................... 74, 2155, 2158, 2311, 2317 SR 39--Congress, U.S.; Candidates; not required to be registered voter ... 74 SR 40--Miller, Lieutenant Governor Zell; commend ...................... 78 SR 41--Bartow County; Property conveyance; to City of Kingston .............
............................... 90, 408, 553, 595, 603, 2842, 2845 SR 42--Appropriations and Fiscal Affairs; General Assembly;
control certain excess funds received ............................ 90 SR 43--Mathis, Mindy; commend ..................................... 96 SR 44--Lanier, Sidney; Committee to implement placing marble bust
in State Capitol.................. 90, 352, 410, 569, 577, 2041, 2845 SR 45--Stone, Rebecca; commend .................................. 96 SR 46--Legislative Overview; General Assembly;
veto of proposed State agency rules ............ 90, 587, 623, 685, 699 SR 47--Initiative Petition; Statutes; constitutional amendments
enacted by people, procedure .............................. 90, 676, 741, 856, 910, 927, 955, 1025, 1027
SR 48--Calhoun-Gordon County Beautification Committee; commend ...... Ill SR 49--Pickens County Volunteer Rescue Squad; commend .............. Ill SR 50--Gordon County; Property Conveyance; county trade with GBI,
construct office. ........... 107, 192, 227, 367, 393, 2414, 2511, 2845 SR 51--Westwood Wildcats Boys Football Team, Girls Softball Team;
commend .................................................. 120 SR 52--Savannah, City of; Property conveyance;
easement for utilities and sewerage system ............. 107, 192, 227, 367, 393, 1261, 1312, 2845
SR 53--Coile, Lauren M.; recognize .................................. 113 SR 54--University of Georgia; recognize 200th anniversary ............... 364 SR 55--Mayor's Day, Georgia; January 21, 1985 ...................... Ill SR 56--Brown, Dr. Claud L.; recognize ............................... Ill SR 57--Rainey, Mary; commend ..................................... 112 SR 58--Childs, Steven; commend ..................................... 112 SR 59--Flowers, Paige; commend..................................... 112 SR 60--Waldron, Kay; commend ..................................... 112 SR 61--Colquitt, Kyle; commend ..................................... 112 SR 62--Fleming, Scott; commend .................................... 112 SR 63--Dekle, Renee; commend ...................................... 112 SR 64--Crump, Wally; commend ..................................... 112 SR 65--Mahaffey, Mike; commend ................................... 112 SR 66--King, Angela; commend ...................................... 112 SR 67--Hill, Angela; commend ...................................... 112 SR 68--Swanson, Karen; commend ................................... 112 SR 69--Barry, Michael; commend .................................... 113

2862

INDEX

SR 70--Crawford, Leslie; commend ................................... 113 SR 71--Cook, Currey; commend ..................................... 113 SR 72--Fore, Howard; commend ..................................... 113 SR 73--Pattie, Robert; commend ..................................... 113 SR 74--Risher, Mike; commend ...................................... 113 SR 75--Bowen, Linka; commend ..................................... 113 SR 76--Porter, Cynthia A.; commend ................................. 113 SR 77--McClellan, Shawn; commend ................................. 113 SR 78--Barker, Jenny; commend ..................................... 113 SR 79--University System; Laboratory, Equipment,
Eminent Scholars Endowment Study Committee ..... 188, 619, 680, 746, 855, 882
SR 80--Girl Scout Gold Awards; commend recipients ................... 213 SR 81--Insurance; Motor vehicle; urge reduced rates young,
nondrinking drivers ..................... 349, 620, 680, 746, 855, 883 SR 82--Retirement and Pensions; Consolidation of Systems Study Committee,
Joint .................................................. 349, 946
SR 83--Penal Institutions; Pardons and Paroles; life sentence for murder, parole limited....... 349, 551, 589, 626, 632
SR 84--Clarke Central High Gladiator Football Team; commend ......... 364 SR 85--Adams, F. Jack; commend ........................... 364 SR 86--Bryan, Morris M., Jr.; commend and condolences ................ 364 SR 87--Kaufmann, Dr. James A.; commend ...................... 591, 2364 SR 88--Guido, Reverend Michael Anthony; recognize ................... 411 SR 89--McCall, Tom; commend .................................... 411 SR 90--Smith, Pauline; commend ............................. 411 SR 91--State Marine Mammal; Designate fermata whale, the right whale. .....
.......................... 548, 676, 741, 856, 910, 926, 2299, 2845 SR 92--Local Government; Bonds; issued to finance certain public facilities.....
......................................... 548, 739, 849, 954, 982 SR 93--Telephones, Telegraph Service; Local telephone companies;
urged to be competitive ..................... 548, 737, 849, 954, 987 SR 94--Public Utilities and Transportation; Committee to study rate-making pro
cess, joint; create. ........ 548, 903, 947, 1025, 1072, 2040, 2278, 2535 SR 95--Children; Youth, Families Coordinating Council; urge
Governor create. . ...................... 549, 1016, 1097, 1151, 1174 SR 96--Milledgeville, City of; Property conveyance .... 583, 737, 849, 954, 988 SR 97--Leggett, Jay; commend ................................ 554 SR 98--Reid, Joey; commend ........................................ 554 SR 99--Larson, David; commend on Olympics. ......................... 554 SR 100--Kessler, Dr. W.D.; support in seeking U.S. citizenship ............ 554 SR 101--Forest Park Junior High Symphonic Band; commend ............. 554
SR 102--Glynn County; Property conveyance; St. Simons exchange with National Guard .................. 584, 737, 849, 954, 989, 1946, 2845
SR 103--Vickers, Robert H.; condolences .............................. 591 SR 104--Smith, Frank Adams; commend ............................... 591 SR 105--Merrion, Lucious, Reverend; commend .................... 591, 1827
SR 106--Emanuel County; Property conveyance; Swainsboro exchange with Forestry Commission ............. 584, 737, 849, 954, 990, 2150, 2845
SR 107--Smith, Raymond; regrets at passing. ........................... 591 SR 108--Humber, William M., Jr.; condolences ......................... 591 SR 109--Flack, James; commend .................................... 592

INDEX

2863

SR 110--Sanderson, Kent; commend ................................... 592 SR 111--Black American Affairs, Southern Regional Council; recognize .... 592 SR 112--Warthan, H. Patricia; commend ............................... 592 SR 113--Lanier, Julie B.; commend. ............................... 625, 637 SR 114--Filibusters Softball Team; commend ........................... 592 SR 115--Public Safety Department; Organ donor information;
encourage publicizing at licensing offices. . 613, 1094, 1132, 1205, 1244 SR 116--Child Care Centers; For State Employees; committee to study .........
..................................... 613, 2155, 2158, 2311, 2317 SR 117--Railroads; Seaboard System; proposed closing in Ocilla,
express objection ............................................ 613 SR 118--Corridor Z Highway, Columbus to Brunswick; Name Study Committee,
joint ....................... 613, 946, 1018, 1106, 1115, 2394, 2400 SR 119--Sales and Marketing Executives-Atlanta; commend .............. 625 SR 120--Motor Vehicles and Traffic; Inspection;
committee to study need for law ......... 614, 2155, 2158, 2311, 2317 SR 121--Farm Bureau Day; proclaim February 7, 1985 .................. 625 SR 122--Firemen's Recognition Day; commend .......................... 710 SR 123--General Assembly; Appropriations; supplementary bills prohibited
except in emergency ......................................... 669 SR 124--Special Olympics, Georgia; commend participants ................ 681 SR 125--Lazenby, Richard C; commend for GOAL award ........... 681, 963 SR 126--Handicapped Persons; Rehabilitation Technology Center Study
Committee, create. ..................... 726, 2155, 2158, 2311, 2317 SR 127--Harris, Roy V., Sr.; condolences. .............................. 743 SR 128--Insurance; Private Long-term Care Insurance Study Committee; create .
..................................... 726, 2155, 2158, 2312, 2318 SR 129--Federal Government; Internal Revenue Service;
urged to revise business deduction regulations .............. 836, 1196, 1270, 1367, 1383
SR 130--Stockman, David, Budget Office; urge apology, military pension remarks ............................... 836, 944, 1018, 1106, 1116
SR 131--Ross, John; commemorating .................................. 852 SR 132--Women's Correctional Institution Study Committee; create ............
..................................... 836, 2155, 2158, 2312, 2318 SR 133--Independent Insurance Agent's Day; proclaim February 14th ...... 852 SR 134--Goldstein, Maxine; commend ................................. 951 SR 135--Recreation and Park Society, Georgia; commend ................ 909 SR 136--Boney, Robert S., Warden; commend .......................... 852 SR 137--PTA, Georgia Congress of Parents and Teachers; commend ....... 905 SR 138--Garrison, Esther F.; commend ......................... 906 SR 139--Parker, Patty; commend................................. 906, 1088 SR 140--Hesselbein, Frances; commend ................................ 951 SR 141--Pilsbury, Betty; commend .................................... 951 SR 142--University of Georgia; commend football team,
Coach Dooley ........................................ 1021, 1236 SR 143--Touchstone, Terry H.; commend. .............................. 951 SR 144--Boyd, Sergeant Jerry; commend ............................... 951 SR 145--Textile, Apparel Imports; Urge President and Congress
act to moderate growth ................ 1008, 1267, 1361, 1430, 1442 SR 146--Gilmer County; Gilmer-Fannin County Animal Shelter; commend . 1021 SR 147--Freeman, Farris; commend .................................. 1021 SR 148--Carter, Frank L.; commend, service to textile industry ........... 1021 SR 149--Hooper, Fred W.; commend, Georgia Sports Hall of Fame ....... 1107

2864

INDEX

SR 150--Railroads; Rail Line Abandonments Study Committee; create . . ......................................... 1089, 2155, 2158, 2312
SR 151--Railroads; L&N Railroad Atlanta to Chattanooga Lease Study Committee ................................ 1089, 2155, 2158, 2312
SR 152--Moshell, Philip and Ann; commend, farm family of year ........ 1102 SR 153--Cole, Marvin M.; recognize .................................. 1102 SR 154--Congress, U.S.; Urge a marketing and bargaining act to aid
farmers. ....................... .1125, 1266, 1361, 1430, 1443, 2532 SR 155--Johnson, Ben F.; recognize .................................. 1136 SR 156--North Whitfield Middle School; commend ..................... 1136 SR 157--Regents Board; Chancellor Vernon Crawford; commend ......... 1136 SR 158--War Veterans Home; urge Governor budget funds for new wing ......
.................................... 1190, 1267, 1361, 1431, 1444 SR 159--Flexer, Winebert Dan, II, Judge; condolences .................. 1136 SR 160--Cardiopulmonary Resuscitation, CPR; Urge school programs .........
.................................... 1190, 1416, 1471, 1622, 1685 SR 161--Brown, Dr. Harry L.; condolences ........................... 1201 SR 162--Scottish-American Heritage Center; recognize City of Shellman .......
............................................... 1190, 1269, 1365 SR 163--Public Safety Department; Driver Improvement Clinics;
Commissioner, information to Senate. .... 1191, 2155, 2159, 2312, 2318 SR 164--Insurance; Nurses; Senate committee study third party reimbursement . .
.................................... 1191, 2155, 2159, 2312, 2320 SR 165--Controlled Substances; Drug Classification Study Committee;
nonprescription drugs ............................ . 1191, 2155, 2159 SR 166--Cottrell, Stan; commend, long distance runner ................. 1224 SR 167--Ostrander, Vita; commend, AARP President .............. 1201, 1350 SR 168--Brantley County; Property conveyance; to commission
for county recreation area . . . 1263, 1418, 1471, 1622, 1686, 2842, 2845 SR 169--Adjournment; General Assembly; February 22 to February 25 .........
............................................... 1257, 1350, 1455 SR 170--Scottish Rite Children's Hospital; commend .................... 1275 SR 171--Auto Repair Industry Study Committee; create ......................
.................................... 1263, 2155, 2159, 2312, 2320 SR 172--Snyder, J.R.; commend ........................ 1275 SR 173--Amtrak Railroad System; Urge Congress to continue funding .........
.................................... 1263, 1708, 1799, 1975, 2004 SR 174--Peace Officers; Annuity and Benefit Fund Study Committee; create ....
............................................... 1263, 2156, 2159 SR 175--Emergency Medical Services; Study Committee; create ...............
.................................... 1263, 2156, 2159, 2312, 2320 SR 176--Medal of Honor, Georgia; Authorize creation to commemorate veterans .
......................... 1263, 1355, 1420, 1478, 1579, 1946, 2845 SR 177--Landrum, Phil; former Congressman, commend ................. 1275 SR 178--Weller, Freddy; country recording artist, commend .............. 1275 SR 179--Snyder, J.R. "Jim"; railroad industry career, commend ....... 1275 SR 180--Flipper, Lieutenant Henry O.; urge commemorative stamp in honor ....
.................................... 1351, 1956, 1962, 2055, 2080 SR 181--Merit System; Study Committee; create . . 1409, 2156, 2159, 2312, 2321 SR 182--Judges; Superior and state courts; delete nonpartisan elections . . . . 1409 SR 183--Haynes, William Deo; condolences. ........................... 1425 SR 184--District of Columbia; Representation in Congress;
ratify constitutional amendment ......... 1409, 1615, 1709, 1813, 1937 SR 185--Bach Around the Clock Day; honor Johann Sebastian Bach ...... 1425

INDEX

2865

SR 186--Soil Conservation Service, U.S.; Urge reevaluation of proposed budget cuts .................. 1461, 1615, 1709, 2313, 2512
SR 187--Hazardous Materials; Transportation; urge Congress strengthen laws . . ............................... 1461, 1615, 1709, 1813, 1975, 1998
SR 188--Human Resources; Juveniles; disturbed delinquents, urge interstate coordination ............. 1461, 1707, 1799, 2192, 2255
SR 189--Child Abuse; Court cases; urge Supreme Court set rules to coordinate ........................... 1462, 1708, 1799, 1975, 2012
SR 190--Prisoners of War, Missing in Action; Support efforts for release ....... ............................... 1462, 1797, 1957, 2192, 2275, 2533
SR 191--Stone, lola; commend ....................................... 1474 SR 192--Elliott, Bill; stock car driver, commend ........................ 1596 SR 193--Telephones, Telegraph Service; Long Distance Telecommunications
Study Committee; create ............... 1607, 2156, 2159, 2312, 2321 SR 194--White, J. Dan; commend .................................... 1474 SR 195--Jeff Davis High School Drama Team; commend ........... 1474, 1698 SR 196--Fire Protection and Safety; Fire hydrants;
marking system on roads, Transportation Department ........... 1607 SR 197--Human Resources; Medicaid; eyeglass program,
urge use of in-state provider ................................. 1607 SR 198--Estes, Walter; condolences ................................... 1617 SR 199--Sexual Offenses; Child abuse; urge protection of victims,
coordinate resources ................... 1607, 2153, 2159, 2312, 2353 SR 200--Davis, Oscar Leon; commend ................................ 1617 SR 201--Law Enforcement Officers and Agencies; Law Enforcement Officer Salary
Incentive Study Committee; create. ...... 1607, 2156, 2159, 2312, 2321 SR 202--Clarkesville Lions Club 50th Anniversary; commend ............ 1617 SR 203--Youth Art Month in Georgia; relative to . 1608, 2153, 2160, 2313, 2382 SR 204--Sullivan, Harold James; commend ............................ 1618 SR 205--Little, Virginia F.; commend ................................. 1618 SR 206--Dalton High School; commend ............................... 1618 SR 207--Downing, Robert Sullivan; recognize .......................... 1618 SR 208--Anderson, David Clifton; condolences .................... 1618, 1698 SR 209--Bentley, Camille; recognize, Miss Georgia 1984 ................ 1639 SR 210--Jones, Wilbur P.; condolences ................................ 1714 SR 211--New York Metropolitan Opera; commend ..................... 1802 SR 212--Cabbage Patch Dolls; Commend creator; Xavier Roberts. . . . 1802, 2064 SR 213--Williams, Garland H. "Bulldog"; commend .................... 1825 SR 214--State of Georgia; 200th year; urge postage stamp in honor ............
.................................... 1948, 2046, 2047, 2313, 2509 SR 215--Lester, James L.; former state senator, commend ............... 1968 SR 216--Edwards, William H.; commend .............................. 1968 SR 217--Cobb County; Community School Program; commend ........... 1968 SR 218--Rixse, Kathryn Elizabeth; commend .......................... 1968 SR 219--Williams, Roland Colcord; commend .......................... 2048 SR 220--Education; School Lunch Program; oppose elimination of
federal support ............................................ 2045 SR 221--Creswell, Richard W.; professor, Mercer Law School, commend . . 2048 SR 222--Southern Regional Task Force on Infant Mortality; commend .... 2163 SR 223--Correctional Officers' Week, Georgia; recognize. ................ 2163 SR 224--Pou, Dean Emily Quinn; recognize ........................... 2360 SR 225--Southeast Tourism Society; commend ......................... 2163 SR 226--Trucks; Federal Highway Administration; urge increased
loads allowed .............................. 2153, 2303, 2548, 2696

2866

INDEX

SR 227--Cuttino, George Peddy, Dr.; commend ........................ 2163 SR 228--Garrison, Esther F.; recognize ............................... 2164 SR 229--Federal Government; Medicaid funds; urge Congress to reject
budget proposal to cap ................. 2153, 2302, 2303, 2548, 2771 SR 230--Telephone Center; appreciation to ladies for session assistance . . . . 2164 SR 231--Taiwan Provincial Assembly Delegation; welcome ............... 2311 SR 232--Georgia Tech Basketball Team and Coach Bobby Cremins;
commend ................................................. 2164 SR 233--Wildlife Club of Evans County; commend ..................... 2307 SR 234--Human Resources; Medicare and Medicaid Providers; recognize . . 2300 SR 235--Federal Government; Revenue Sharing Program; urge
continued funds .................................. 2300, 2536, 2700 SR 236--Joseph, Ruperto, and Caridad Palomares Lopez; commend ....... 2307 SR 237--Governor's Education Review Commission; commend members... 2308 SR 238--Harris, Ed; commend as Chairman of Education Review
Commission ............................................... 2308 SR 239--Mary Persons High School Debate Team; commend............. 2244 SR 240--Edwards, Jeanie; commend, Georgia State Homecoming Queen . . . 2308 SR 241--Rogers, Dr. James T.; recognize .............................. 2308 SR 242--Cone, Jim; commend ....................................... 2308 SR 243--Metier High School Tiger Band; commend .................... 2308 SR 244---Dillard, Earl; condolences ................................... 2308 SR 245--Glasstream Boats; commend ................................. 2308
SR 246--Adjournment; General Assembly; March 6 to March 8 ........................................ 2385, 2414, 2530
SR 247--Deaton, Edward V.; commend ............................... 2538 SR 248--Bunch, Frank T.; commend .................................. 2538 SR 249--Roberts, Doris E.; condolences ............................... 2538 SR 250--National Children's Week; urge Congress to observe ............ 2538 SR 251--Garr, M.A., Jr.; commend ................................... 2538 SR 252--Rosser, J.R., Mr. and Mrs.; recognize ......................... 2538 SR 253--Highways, Bridges and Ferries; Transportation Study
Committee; create.......................................... 2538
SR 254--Family and Children Services; District directors; committee to study need for ................................. 2538
SR 255--Duller, James E.; in memory ................................ 2538 SR 256--Duncan, Horrie B.; commend ................................ 2538 SR 257--Gambill, George; commend .................................. 2700 SR 258--Parkview High School; commend ............................. 2700 SR 259--Jones, General Albert B.; express apprecialion.................. 2701 SR 260--Bremen Rolary Club; commend .............................. 2701 SR 261--Chiropractors; Relalive lo Ihe profession ....................... 2701 SR 262--Moss, W.M.; commend ..................................... 2701 SR 263--Tallapoosa Lions Club; commend ............................. 2701 SR 264--Bremen Lions Club; commend ............................... 2701 SR 265--Rockmarl Yellow Jackels Wreslling Team; commend. ........... 2701 SR 266--Alien, Laban Pink "Pinky", Jr.; condolences .................... 2701 SR 267--Tallapoosa Jaycees; commend ................................ 2701 SR 268--Buchanan Lions Club; commend ............................. 2702 SR 269--Pilol Club of Haralson Counly; commend ..................... 2702 SR 270--Bremen Business and Professional Women's Club; commend...... 2702 SR 271--Buchanan Woman's Club; commend .......................... 2702 SR 272--Viclims of Crime; Crime Viclim Recovery Fund Sludy Commillee;
creale .................................................... 2790

INDEX

2867

|, SR 273--Richardson, Major William Floyd; condolences ................. 2835 i| SR 274--Decatur Civic Chorus; commend ............................. 2835

2868

INDEX

PART II

HOUSE BILLS AND RESOLUTIONS

HB 1--Appropriations and Fiscal Affairs; Supplemental appropriations;

FY 1984-85 .................... 68, 74, 109, 193, 232, 343, 344, 431

HB 2--Elderly; Personal care homes; fire safety

standards ................... 827, 837, 1616, 1709, 2191, 2199, 2533

HB 3--Handicapped Persons; Head-Injured, spinal cord disabled;

reporting procedures ............ 542, 549, 736, 849, 1150, 1152, 1405

HB 4--Appropriations and Fiscal Affairs; Supplemental appropriations;

FY 1984-85 . . . 698, 704, 902, 948, 1025, 1066, 2523, 2527, 2571, 2708

HB 5--Mental Health; Patients; transfer from private to state-owned facility .

........................... 827, 837, 1268, 1361, 1431, 1478, 1583

HB 6--Mental Health; Hearing Officers; fees for

court services ..................... .827, 837, 1268, 1361, 2056, 2117

HB 8--Mental Health; Alcoholics; treatment program, delay effective date of

Code chapter ...................... 828, 837, 1707, 1800, 2191, 2233

HB 11--Domestic Relations; Divorce, child custody;

attorney's fees include contempt of

court orders ........................... 399, 404, 586, 623, 685, 701

HB 13--Cancer Advisory Committee;

Membership provisions ........ 828, 837, 1707, 1800, 1975, 2015, 2147

HB 14--Courts; Juvenile; youth tried as adult felon, Youth Services custody ...

661, 669, 1267, 1361, 1431, 1478, 1586, 1780, 1929, 2015, 2035, 2530

HB 15--Moultrie, City of; Mayor and Council;

election provisions .............................. 345, 352, 552, 593

HB 21--Drinking Age; Alcoholic beverages;

raise to 20, 1985, then 21, 1986.............. 341, 587, 623, 685, 702

HB 22--Offender Rehabilitation; Department, Board;

name changed to Corrections in Code ..... 102, 107, 191, 227, 367, 394

HB 25--Natural Resources; Surface mining;

permits, bond requirements ............. 185, 188, 408, 553, 595, 604

HB 27--Sexual Offenses; Child testimony;

criminal trial, special procedures ..................................

......................... 1598, 1608, 2153, 2160, 2313, 2403, 2842

HB 30--Housing; Public; fraudulently obtaining,

penalty provisions ...... 341, 1197, 1270, 1720, 2312, 2331, 2523, 2529

HB 31--Regents Board; Employees; conflicts of interest,

board membership

399, 404, 619, 680, 746, 955, 1025, 1035

HB 32--Conservation and Natural Resources; Water Well Standards

Advisory Act; revise provisions

............. 185, 188,

737, 850, 954, 1025, 1036, 1405

HB 33--Controlled Substances; change certain listings,

penalty provisions

...

890, 896, 1268, 1361, 1720, 1765

HB 35--Erosion and Sedimentation Act; procedures, penalties,

assistance to local governments. . 219, 223, 845, 905, 1813, 1920, 2041

HB 36--MARTA; Board; additional members, one Fulton,

two DeKalb residents ............. 542, 549, 1095, 1137, 1141, 1143,

1144, 1405, 1431, 1596, 1639, 1677, 1790

HB 37--Blue Ridge Judicial Circuit; Forsyth County;

change terms ........................ 102, 107, 676, 741, 1026, 1083

INDEX

2869

HB 39--Boxing and Wrestling Commission, State; Regulate profession . 399, 404

HB 43--License Plates; Prestige plates; fee, county decal,

consular corps tags .......... 579, 584, 1196, 1270, 1431, 1478, 1584

HB 44--Chamblee, City of; Mayor, Council; terms of office ... 68, 75, 109, 194

HB 45--Motor Vehicles and Traffic; Salvage, rebuilt;

certificate of title requirements .......... 717, 726, 1198, 1358, 1359,

1420, 1719, 1754, 1944

HB 48--Voter Registration; Students; registration at school

outside county of residence ...... 606, 614, 903, 948, 1205, 1250, 1793

HB 51--Zoning Procedures Law; Powers and duties of

counties and municipalities . . . . 661, 669, 1016, 1097, 2192, 2268, 2534

HB 52--Randolph County; Sheriff; deputy, compensation ...... 68, 75, 192, 231

HB 53--Stewart County; Sheriff; deputy, compensation ....... 68, 75, 192, 231

HB 55--Motor Vehicles and Traffic; Certificate of title; filing fee,

local agent's fee retained

.......... 69, 74, 191, 228, 367, 395

HB 56--Insurance; Surplus Line Brokers; bonds,

financial requirements, licensing ... 185, 189, 620, 680, 746, 1975, 2002

HB 58--Public Safety Department; Donations, conveyances; procedures for accept

ance ....................... 102, 107, 1094, 1132, 1281, 1367, 1368

HB 59--Garnishment; Change various

provisions ................. 1599, 1608, 2155, 2160, 2312, 2362, 2533

HB 61--Estates; Financial institutions; accounts of intestate deceased,

procedures ....................... .717, 727, 1196, 1270, 1813, 1933

HB 64--Tax Executions; Provisions for lost original,

combining of actions. ............. 1598, 1608, 1954, 1962, 2313, 2381

HB 69--Time-Share Act; Public offerings, sales agreements,

trade practices ...................... 891, 896, 945, 1018, 1975, 2013

HB 70--Boats; Motor vehicle towing trailer; safety chain required . . . 1456, 1462

HB 72--Marietta, City of; Corporate limits; change .... 1659, 1662, 2536, 2539

HB 74--Probate Courts; Judges;

qualifications ................ 103, 108, 2155, 2160, 2313, 2513, 2843

HB 75--Tax Collectors, Commissioners; Qualifications, terms,

filling of vacancies ................... 661, 669, 903, 948, 1025, 1071

HB 77--General Assembly; Merit System; legislative review

of rules .......... 828, 837, 1014, 1098, 1281, 1367, 1372, 1780, 2024

HB 78--General Assembly; Members; salary, cost-of-living

increase provisions .................. 69, 74, 109, 193, 232, 339, 401

HB 80--Ad Valorem Tax; Records of taxpayers confidential except

in court cases, tax digest approval ........ 717, 727, 1796, 1957, 2192,

2272, 2370, 2382, 2522, 2525, 2741

HB 81--Debtor and Creditor; Group Life Insurance;

installment and one sum payments ...... 219, 223, 1093, 1132, 1431,

1478, 1581, 1795, 2097, 2152, 2201, 2360, 2370

HB 82--African Development Bank; Insurers authorized

to invest in securities ............. 1600, 1608, 2300, 2304, 2548, 2694

HB 83--Death; Wrongful; tort actions, recovery rights,

division provisions ............ 719, 727, 1022, 1615, 1710, 1975, 2022

HB 85--Courts; State and Superior; jury selection

provisions ................... 579, 584, 2154, 2160, 2313, 2516, 2843

HB 86--Perry, City of; Mayor and Council;

residency requirement. ............................ 86, 91, 739, 853

HB 87--Perry, City of; Council; member serving

as mayor pro tern, salary ............... 86, 91, 739, 853, 854, 934

2870

INDEX

HB 88--Governor; Judgeships; filling of vacancies,

powers. ................ 828, 838, 1197, 1270, 1479, 1623, 1719, 1725

HB 89--Legislative Overview; Consumer's Utility Counsel;

annual report .................... 1346, 1351, 1798, 1957, 2055, 2057

HB 90--Motor Vehicles and Traffic; DUI; amend Code provisions,

habitual violators, driver improvement clinics .......... 606, 614, 1015,

1099, 1205, 1280, 1293, 1793

HB 91--Indigent Persons; Civil practice; action filed without attorney,

judge prior review .......... 1120, 1125, 2301, 2304, 2548, 2575, 2843

HB 92--Corrections; Inmates; civil action against government,

forms, procedures

...... .662, 670, 1014, 1099, 1151, 1163

HB 93--Code of Georgia; Revisions, correction of

errors and omissions .............. 185, 189, 587, 623, 685, 703

HB 94--Solar Energy Equipment; Sales tax refund;

extend time ....................... .606, 614, 944, 1018, 1281, 1330

HB 95--Local Government; Bonds; state plan allocating to

local governments, ceiling .......... 345, 350, 554, 587, 623, 685, 704

HB 96--Waterfowl; Natural Resources Department;

develop and issue stamp................. 607, 614, 737, 850, 954, 999

HB 97--Elections; Amend various

Code provisions ............. 400, 404, 676, 741, 954, 1025, 1026

HB 99--Gambling; Lottery equipment; manufacture,

sale for out-of-state use ............. .891, 896, 945, 1018, 1150, 1155

HB 100--LaGrange, City of; Corporate limits; extend ......... 86, 92, 225, 365

HB 101--Superior Courts; Juries; commissioners,

succeed themselves ................. 186, 189, 1955, 1962, 2055, 2066

HB 102--Lowndes County; Occupational tax, unincorporated area,

continue in force ........................... 86, 92, 109, 195

HB 103--Valdosta, City of; Homestead exemption;

continue in force ........................ 87, 92, 109, 195

HB 104--Lowndes County; Homestead exemption;

continue in force ............................. 87, 92, 109, 195

HB 105--Lowndes County; Street tax assessment to property owners;

continue in force ................................. 87, 92, 109, 195

HB 106--Lowndes County; Peddlers licenses; continue in force . . 87, 91, 109, 195

HB 107--Lowndes County; Historical property tax exemption;

continue in force

.............. 87, 91, 109, 195

HB 108--Lowndes County; Tax administration merged with Valdosta,

continue in force

.......................... 87, 91, 109, 195

HB 109--Mclntosh County; Industrial Development Authority;

define project.................................... 88, 91, 225, 365

HB 111--General Assembly; Legislative Services Committee;

fees for documents, procedure ............ 103, 108, 676, 742, 855, 884

HB 112--Speech Pathology; Speech Pathology and Audiology;

examining board, licensing. . 542, 549, 736, 850, 954, 1025, 1055, 1404

HB 115--Bacon County; State Court; abolish ............... 103, 108, 225, 365

HB 119--Estates; Distribution to spouse, children certain cases,

renunciation ....................... 718, 727, 1014, 1099, 2192, 2250

HB 120--Corrections; Inmates; work release programs, requirements,

funds earned .................... 1259, 1264, 2302, 2304, 2548, 2568

HB 123--Railroads; Crossings; relocation, closing,

prior public notice. ...................... 607, 615, 1198, 1199, 1271

HB 125--Ad Valorem Tax; Bills, notices, information to

taxpayer required ................ 1401, 1409, 1796, 1957, 2056, 2098

INDEX

2871

HB 128--Elections; Contributions, political; county, city officers, unlawful to coerce others.............. 400, 405, 677, 742, 1026, 1082
HB 130--Liens; Abandoned motor vehicles; procedures ............. 718, 728, 1198, 1199, 1271, 1431, 1478, 1589
HB 131--Thomaston, City of; Mayor, Council; elections. ..... 609, 617, 846, 906 HB 132--Motor Vehicles and Traffic; Certificate of Title;
trailer exemption, previous ownership . . .400, 405, 738, 850, 1026, 1080 HB 133--Counties; Motor Vehicle Registration;
county tag agents issue duplicates ..... .400, 405, 738, 850, 1026, 1081 HB 134--License Plates; Lost, reporting; special tags,
define former prisoners of war ....................... 400, 405, 738,
1198, 1199, 1271, 1719, 1744 HB 135--Damascus, City of; New charter ............... 722, 732, 1016, 1103 HB 142--Minors; Alcoholic beverages; purchase unlawful,
penalties ............... 662, 670, 1093, 1132, 1719, 1812, 1832, 2041 HB 144--Superior Courts; Court administrator; employed
in lieu of law clerk ........... 345, 350, 1954, 1963, 2055, 2075, 2296 HB 153--Hazardous Materials; Immunity from liability for aid
in mitigating damage ............ 607, 615, 737, 850, 954, 1025, 1056 HB 155--Minors; Child Support Recovery Act; provisions required
by federal law ................... 1259, 1264, 1357, 1421, 1720, 1764 HB 156--Chiropractors; Scope of practice ........................... 579, 584 HB 157--Superior Courts; Juries; elderly persons,
request for removal from duty ....... 186, 189, 1708, 1800, 1975, 2011 HB 159--Death Penalty; Court fix time periods;
provisions for stay of execution...................... 932, 938, 1197, 1271, 1431, 1478, 1623, 1719, 1728
HB 160--Coastal Marshland Protection Commission; Natural Resources Commissioner ......... 346, 350, 737, 850, 954, 997
HB 161--Code Revision Commission; Reestablish .. . 186, 189, 588, 623, 685, 705 HB 162--Code Revision Commission; Powers
and duties ............................ 186, 190, 588, 624, 685, 706 HB 163--Code of Georgia; Elections, Title 21;
revisions, corrections .................... 186, 190, 588, 624, 685, 707 HB 164--Code of Georgia; Retirement, Title 47;
revisions, corrections .................... 186, 190, 588, 624, 685, 708 HB 165--Sheriffs; Retirement Fund; board membership,
clarify provisions ................. 1457, 1462, 1955, 1963, 2191, 2208 HB 166--Walker County; Rural Water and Sewer Authority;
membership, bonds ............................. 103, 108, 225, 365 HB 167--Property; State; damaged by inmate,
restitution requirements ................. 103, 108, 191, 228, 367, 396 HB 168--Hazardous Materials; Hazardous Waste Management Act;
amend Code, create trust fund .... 346, 350, 737, 851, 954, 1025, 1057 HB 170--Sales Tax; Local option; special purpose,
hospitals .................. 1259, 1264, 2046, 2047, 2313, 2415, 2843 HB 171--Sheriffs; Fees, subpoenas; Secretary of State,
corporation investigations. ....... 542, 549, 903, 948, 1813, 1975, 1995
HB 172--Railroads; Georgia Rail Passenger Authority Law; enact, legislative overview .......................... 828, 838, 1198, 1199, 1271, 1431, 1478, 1590, 1795
HB 173--Garnishment; Financial Institutions; subpoenas, court orders, time to respond .................. 1600, 1608, 1954, 1963, 2191, 2238

2872

INDEX

HB 174--Banking and Finance; Corporations; shareholders, rights and procedures ............. 1001, 1008, 2154, 2160, 2312, 2354
HB 175--Adoption; Parental Rights termination; court procedures ................................. 1621, 2153, 2160
HB 177--Telephones, Telegraph Service; Obscene language used for commercial purposes unlawful. ......... 580, 585, 903, 948, 1026, 1073
HB 179--Driver's License; Motor carriers; suspension provisions, exemptions ................ 1085, 1089, 1198, 1199, 1271, 2548, 2773
HB 183--Civil Practice; New Trial; judge explain reason for granting ............... . .828, 838, 1197, 1272, 2775, 2789
HB 185--Courts; Juvenile Proceedings; detention hearings, time requirements ................. 400, 405, 1266, 1361, 1813, 1934, 2014, 2074, 2151, 2277, 2764, 2787
HB 188--Elections; Primary, run-off; provision for single polling place. ..................... 718, 728, 1356, 1421, 1813, 1975, 1996, 2377, 2409, 2580, 2662, 2795, 2830
HB 189--Probation; Sentence review provisions ................... 607, 615, 1015, 1099, 1151, 1180, 1795
HB 190--Voter Registration; Librarians; authorized to serve ................ .828, 838, 1014, 1100, 1281, 1341
HB 191--Liens; Foresters; lien on real estate for services, procedures. . ............. 1260, 1264, 1797, 1957, 2191, 2195
HB 193--Sylvester, City of; City Council; election districts ............ 219, 223 HB 194--Elections; Municipal; campaign literature funded
by candidate identified .............. 829, 838, 1014, 1100, 2548, 2573 HB 199--Medical Assistance; Department; reciprocal agreements
with other states ......... 607, 615, 853, 1022, 1417, 1471, 1720, 1763 HB 200--Adoption; Human Resources Department; interstate
reciprocal agreements ......... 607, 615, 1417, 1471, 1720, 1812, 1819 HB 205--Gambling; Antique slot machines; possession
provisions ...... 1260, 1264, 2301, 2304, 2548, 2688, 2787, 2795, 2813 HB 209--Elections; Municipal; public opinion exit poll,
prohibited at polling places ............................... 607, 615 HB 214--Ad Valorem Tax; County tax digests;
State approval if appeals pending....................... 1695, 1702 HB 220--Environmental Protection; Motor vehicles;
emissions, noncomplying vehicle sale unlawful ............... 580, 585, 738, 851, 1975, 2000
HB 221--Environmental Protection; Motor Vehicles; federal emissions standards, compliance for title ............................ 580, 585, 738, 851, 1975, 2010
HB 222--Fire Protection and Safety; Firefighter; misrepresenting for solicitation un lawful ............................ 662, 670, 1418, 1471, 2548, 2774
HB 226--Appropriations and Fiscal Affairs; General appropriations; FY 1985-86 .................... 1346, 1352, 1614, 1710, 1812, 1835, 1944, 1978, 2014, 2026, 2583, 2697
HB 227--State Government; Retirement boards, state systems; adoption of rules ........... 1346, 1352, 2302, 2305, 2548, 2561, 2843
HB 228--General Assembly; Retirement legislation; Fiscal Note Act, delete provisions ......................... 718, 728, 1094, 1133, 1281, 1367, 1374
HB 229--General Assembly; Members; expense allowance provisions .............. 346, 351, 1013, 1100, 1281, 1342, 2036, 2092
HB 230--Motorcycles; License Fees; change amount. 115, 116, 192, 228, 367, 397

INDEX

2873

HB 231--Judges; State court emeritus; issue arrest warrants if authorized. ....... .608, 616, 1014, 1098, 2312, 2340
HB 235--License Plates; Special issue to commemorate founding of Emory University ..... 718, 728, 1198, 1199, 1272, 1431, 1478, 1582
HB 239--Liens; Mechanics', materialmen's, priorities, farm equipment.............. 891, 896, 1615, 1710, 1813, 1923, 2153
HB 240--Insurance; Motor vehicle; operating without insurance, penalties. ....... .400, 405, 1014, 1098, 1205, 1246
HB 244--Game and Fish; Hunting; license suspension for negligence, procedures . . . 932, 938, 1197, 1272, 1368, 1387, 1780, 1918
HB 247--Alcoholic Beverages and Alcoholism; Election day sales, municipalities; provisions ....................... 1243, 1244, 1416, 1471, 1719, 1745
HB 250--Hospitals; Ambulatory surgical centers; nonaccidental patient injuries ...... .829, 839, 1268, 1362, 2313, 2507
HB 252--Employees' Retirement System; General Assembly members; creditable service. 662, 670, 1358, 1421, 1720, 1766, 2120, 2129, 2533
HB 254--General Assembly; Agricultural Exposition Authority Overview Commit tee .................... 346, 351, 586, 624, 685, 710, 1458, 1641
HB 255--Coroners; Qualifications, duties, bond required ............. 829, 839, 1014, 1098, 1281, 1367, 1370
HB 256--Coroner's Training Council; Create; powers and duties ............ 932, 938, 1356, 1421, 1720, 1812, 1826
HB 257--Claims Advisory Board; Clarify agencies covered ................ 608, 616, 677, 742, 954, 1025, 1059
HB 259--Teachers Retirement; Membership not mandatory, certain persons 60 years of age. ........................... 829, 839
HB 265--Labor and Industrial Relations; Appropriation; funds credited to Unemployment Trust Fund. ...................... .829, 839, 1013, 1098, 1151, 1179
HB 266--Education; Unemployment benefits; denied teachers between school terms............... 1120, 1125, 1275, 1707, 1800, 1976, 2029
HB 267--Offender Rehabilitation; Employees; injured on duty, salary during convalescence. ........ .608, 616, 1015, 1098, 1150, 1159
HB 270--Public Officers and Employees; Salaries; certain State officials, full-time service provisions .......... 1693, 1700, 1796, 1958, 2055, 2058, 2228, 2249, 2293, 2384, 2814
HB 271--Agriculture; Agricultural Exposition Authority; create .......................... 346, 351, 586, 624, 685, 712, 1795
HB 272--Insurance; Foreign, direct response, mail order insurers; requirements ........................ 1600, 1609
HB 273--Family Violence; Court orders; penalties for violations ........ 829, 839, 1268, 1362, 1431, 1478, 1580
HB 274--Public Safety Department; Driver's license; records to Selective Service, schools on bus drivers ........... 830, 839, 2155, 2161, 2313, 2378, 2533
HB 277--Archeology; Underwater and land site; differentiation, requirements ....... 1401, 1410, 1615, 1710, 1975, 2007
HB 278--Carrollton, City of; Councilmen; election .......... 219, 223, 353, 411 HB 281--Local Government; Sales Tax; local option one percent for roads,
public facilities .............. 610, 616, 1467, 1616, 1719, 1731, 1792 HB 282--General Assembly; Retirement legislation; nonfiscal bills,
introduction, definitions ............ 346, 351, 588, 624, 685, 713, 748 HB 290--Paulding County; Tax commissioner; compensation. . 401, 406, 552, 593 HB 293--Teachers Retirement; Falsified records; penalties ............. 830, 840

2874

INDEX

HB 294--Teachers Retirement; Nominating Committee;

meeting provisions ....................................... 830, 840

HB 295--Forsyth County; Education Board; election provisions,

continue in force ............................... 401, 406, 677, 745

HB 296--Employees' Retirement System; Falsified records; penalties ... 830, 840

HB 297--Brooks County; Commissioners; compensation ...... 401, 406, 552, 593

HB 298--Brooks County; Coroner; compensation ............ 402, 406, 552, 593

HB 299--Brooks County; Coroner; repeal Act relating

to compensation................................ 402, 406, 552, 593

HB 301--School Bus Drivers; Record information on motor vehicles

passing stopped bus .............. 1347, 1352, 1615, 1710, 1975, 2006

HB 303--Firearms; Law enforcement agencies; disposition of

certain weapons .............. 662, 670, 1797, 1958, 2191, 2242, 2534

HB 304--Valdosta, City of; Valdosta-Lowndes County Industrial Authority;

continue in force ............................... 402, 407, 552, 594

HB 305--Valdosta, City of; Central Development Authority;

continue in force ............................... 402, 407, 552, 594

HB 306--Animals; Wild Animal Business; define,

licensing requirements ............... 718, 728, 946, 1019, 1150, 1160

HB 309--Corporations, Partnerships and Associations;

Corporate sale transactions; definitions,

requirements ...................... 719, 729, 2154, 2161, 2312, 2332

HB 311--Secretary of State; Professional associations;

registration, filing requirements. 543, 549, 1014, 1099, 1720, 1812, 1826

HB 312--DeKalb County; sanitation districts;

continue in force ............................. 402, 407, 1956, 2049

HB 313--Mental Health; Retarded persons;

court ordered examinations, procedures .................. 1085, 1090,

1955, 1963, 2055, 2078

HB 314--Real Estate; Commission; amend various

Code provisions .................. 1600, 1609, 1708, 1800, 1975, 2001

HB 316--Game and Fish; Crab bait; sales to commercial fishermen

sales tax exempt ............... . .1183, 1191, 1355, 1421, 1720, 1761

HB 319--Notaries Public; Qualifications,

application requirements .............. 580, 585, 903, 948, 1150, 1154

HB 320--Heard County; Commissioner; compensation ....... 541, 550, 621, 683

HB 321--Heard County; Tax commissioner; compensation .... 541, 550, 621, 683

HB 322--Heard County; Probate court judge; compensation . . 541, 550, 621, 683

HB 323--Heard County; Sheriff; compensation. ............. 541, 550, 621, 683

HB 324--Heard County; Superior Court clerk; compensation . 542, 550, 621, 684

HB 325--Zoning, Planning; Procedures; required in

certain counties and cities ............. 719, 729, 904, 949, 1205, 1249

HB 327--Lyons, City of; Mayor, Council; election. ........ 722, 732, 1016, 1103

HB 330--Hall County; State Court;

provide assistant solicitors ........... 542, 550, 1095, 1137, 1142, 1405

HB 331--Employment Security Law;

appeals provisions ................ 1001, 1008, 1196, 1272, 1368, 1386

HB 340--Counties; Tax collectors as ex officio sheriffs;

compensation

.......... 662, 671, 903, 949, 1281, 1323

HB 341--Garnishment; Revenue Department; collect fees, interest,

collection costs. ................. .1184, 1191, 1355, 1421, 1813, 1922

HB 342--Mitchell County; Sales tax for schools;

continue in force ............................... 542, 551, 739, 853

INDEX

2875

HB 343--Probate Courts; Judges; minimum compensation ......... 1120, 1126, 1356, 1422, 1479, 1592, 2150, 2198
HB 346--Insurance; Motor Vehicle; spouse, coverage provisions ........... 830, 840, 1615, 1710, 2192, 2256, 2534
HB 357--Insurance; Product liability insurers; reports required. ................... .663, 671, 945, 1019, 1150, 1151
HB 358--Insurance; Correctional Industries; coverage under state programs ...... .663, 671, 945, 1019, 1431, 1478, 1623, 1719, 1727
HB 362--Law Enforcement Officers and Agencies; State Patrol, Uniform Division; special clothing allowance ............... 933, 938, 1418, 1471, 1975, 2008, 2146, 2231
HB 366--Health; Tuberculosis; suspected cases, hospitalization procedures .......... .831, 840, 1954, 1963, 2056, 2100
HB 368--Arts; Landmark museum building; fire safety provisions .............. 933, 939, 1267, 1362, 1479, 1622, 1719, 1724
HB 369--Fire Protection and Safety; Day-Care Homes; subject to regulation ............ 1121, 1126, 1266, 1362, 1479, 1622, 1719, 1723
HB 370--Health; Health spas; regulations, definitions, bond requirements. ........... 663, 671, 1093, 1133, 1281, 1331, 1793
HB 371--Business Opportunity; Regulate sales. .663, 671, 1093, 1133, 1281, 1339 HB 372--Mortgages; Residential Finance Authority;
credit unions approved lenders ......... 719, 729, 904, 949, 1025, 1065 HB 373--Banking and Finance; Gift to Minors Act;
redefine bank . . .................. . .719, 729, 1196, 1272, 1368, 1385 HB 374--Credit Unions; Provisions relating to shares
and minors ........................ 719, 729, 1196, 1272, 1368, 1389
HB 375--Banking and Finance; Commercial Code; redefine bank ..................... .720, 729, 1196, 1272, 1367, 1384
HB 378--Lease-Purchase Agreements; Regulations, definitions ....................... 1695, 1703, 1796, 1958, 2055, 2079
HB 379--Elections; Municipal; ballots, incumbent candidate listing .................. .890, 897, 1014, 1100, 1281, 1324
HB 388--Merit System; Professional Practices Commission; unclassified service ............... 1600, 1609, 1797, 1958, 2056, 2108
HB 392--Berrien County; Magistrate Court; selection of chief 542, 551, 621, 684 HB 393--Driver's License; Records; to schools on bus drivers and
to Selective Service................. 720, 730, 1418, 1472, 1720, 1763 HB 395--Forsyth County; Homestead Exemption. ...... 1121, 1126, 1355, 1422 HB 398--Sheriffs; Retirement Fund; benefit options,
actuarial computations ...... 1184, 1191, 1358, 1422, 1720, 1812, 1820 HB 399--Fulton County; Education Board;
election districts ........................... 1086, 1091, 1199, 1276 HB 402--DeKalb County; Street improvement assessments;
continue in force ............................. 580, 585, 1956, 2049 HB 404--Motor Vehicles and Traffic; License plates;
payment, checks made payable to county office. ................ 720, 730, 1095, 1133, 1280, 1319, 1794 HB 407--Health; Public nuisance; abatement procedures, Fulton, DeKalb counties .......... 1695, 1702, 1799, 1958, 2056, 2107 HB 408--Revenue and Taxation; Income tax; exclusion for elderly, disabled, civil fraud penalty ............................ 1401, 1410 HB 409--Revenue and Taxation; Time periods; applicable to assessments, collections....................... 1696, 1704, 1796, 1958, 2056, 2095

2876

INDEX

HB 411--Unemployment Compensation; Taxable wage base;

weekly benefits .................... 889, 897, 1093, 1133, 1205, 1248

HB 412--Unemployment Compensation; Wages; redefine relating

to workers' compensation ............ 889, 897, 1093, 1133, 1205, 1247

HB 413--DeKalb County; Alcoholic beverages; tax for education,

continue in force ................... 720, 730, 1093, 1134, 1281, 1338

HB 417--Employees' Retirement System; Tax commissioners;

ineligible after 1985 ................................... 1695, 1703

HB 419--Glynn County; Brunswick consolidation study commission;

continue in force ............................... 580, 586, 846, 906

HB 420--Brunswick, City of; Brunswick-Glynn County Charter

Commission; extend ........................... 609, 617, 946, 1023

HB 421--Glynn County; Superior Court; clerk, personnel . . 581, 586, 946, 1023

HB 425--Joint Municipal Employees Retirement System;

benefits for part-time employees ..... .831, 841, 1955, 1963, 2549, 2772

HB 430--Local Government; Redevelopment Powers Law;

enact ..................... 831, 841, 1199, 1273, 1813, 1975, 1992

HB 431--Motor Fuel Tax; Exemptions; record keeping

requirements .............. 1184, 1192, 1416, 1472, 1719, 1746, 1945

HB 432--Thomaston, City of; Thomaston Office Building Authority;

continue in force ............................... 609, 617, 846, 906

HB 433--Thomaston, City of; Thomaston-Upson County Development Authority;

continue in force ............................... 609, 617, 846, 907

HB 434--Thomaston; City of; Water, Sewerage and Electric System;

continue in force ............................... 609, 617, 846, 907

HB 436--Space Management Act; Definitions; DO AS,

lease agreements ........... 1121, 1126, 1615, 1711, 1813, 1975, 1997

HB 437--Loans; Industrial Loan Act; colleges and

universities exempt ............ 720, 730, 944, 1019, 1206, 1252, 1406

HB 438--Installment Sales and Home Solicitation Act;

Public and private colleges exempt.................... 720, 730, 944,

1019, 1206, 1254, 1406

HB 443--Jefferson County; Tax Commissioner;

change compensation ........................... 609, 618, 846, 907

HB 447--Sales Tax; Pecan harvesting equipment;

exempt ........................ .1121, 1126, 1355, 1422, 1719, 1752

HB 448--Motor Vehicles and Traffic; Odometer disclosure practices;

violations, definitions. .............. .663, 671, 1015, 1100, 1151, 1165

HB 451--Helen, City of; New charter ..................... 610, 618, 677, 745

HB 452--Banking and Finance; Motor Vehicle, Mobile Home Sales Finance Act;

charges .......... 831, 841, 1196, 1273, 1368, 1397, 1596, 1831, 1832

HB 453--Local Government; Counties; governed by single commissioner,

minimum salary ........................................... 2836

HB 456--Insurance; Health care providers; jurisdiction,

disclosure .... 1121, 1127, 1356, 1422, 1479, 1622, 1688, 1781, 1931

HB 461--Personal Care Homes; County health boards; duties,

criminal check of employees, licensing

.............. 1402, 1410,

1616, 1711, 1813, 1930

HB 462--Day Care Centers; Criminal record check of employees,

licensing ........................ 1001, 1008, 1267, 1362, 1719, 1751

HB 463--Revenue and Taxation; Alcoholic beverages; excise taxes .... .867, 1093,

1134, 1368, 1431, 1446, 2064, 2121, 2228, 2241, 2294,

2339, 2742, 2787

INDEX

2877

HB 464--Peace Officers; Standards and Training Council; powers and duties ................ 1601, 1609, 2155, 2161, 2312, 2377
HB 465--Courts, Municipal; jurisdiction, motor vehicle emissions violations ................ .891, 897, 1797, 1959, 2056, 2115
HB 467--DeKalb County; State Court; additional judge . . . 610, 618, 1095, 1137 HB 468--DeKalb County; Merit System; continue in force . 610, 618, 1956, 2049 HB 469--Fulton County; Atlanta municipal court;
revise fees. ............................. 1086, 1091, 1199, 1277 HB 471--Railroads; Excursions; Building Authority
operate ..................... 933, 939, 1267, 1362, 1431, 1478, 1585 HB 472--Sumner, Town of; Town council; election .......... 610, 618, 846, 907
HB 474--Courts; Municipal; impose community service as sentence .................... 663, 672, 1955, 1964, 2056, 2105, 2296
HB 475--Appropriations and Fiscal Affairs; Supplemental; FY 84-85, amend HB 1, records processing and storage facility ...................... 909, 944, 1020, 1105, 1109
HB 482--Berrien County; Airport Authority; establish ....... 610, 618, 677, 745 HB 483--Hospitals; Reports on indigent care to Health
Planning Agency ........... 1184, 1192, 1954, 1964, 2548, 2669, 2844 HB 484--Indigent Persons; Pregnant women; emergency care,
cost of services ............ 1085, 1090, 2300, 2304, 2548, 2551, 2844 HB 485--Unemployment Compensation; Consolidate claims
processing and payment ........... 1402, 1410, 1708, 1800, 2191, 2239 HB 486--Superior Courts; Waycross Judicial Circuit;
judges, counties supplement. ........ 721, 731, 1797, 1959, 2192, 2287 HB 487--Indigent Persons; Pregnant women;
emergency care, cost of services ......................... 1600, 1609 HB 488--Alcoholic Beverages and Alcoholism;
Licensing, contraband provisions; dealers, manufacturers ............. 831, 841, 1093, 1134, 1281, 1328 HB 491--Merit System; Audits; change certain provisions .......... 1184, 1192, 1615, 1711, 1975, 2005 HB 494--Used Car Dealers; Licensing requirements ........... 721, 731, 1198, 1358, 1708, 1800, 2191, 2212 HB 495--Game and Fish; Nongame wildlife conservation and habitat; acquisition programs ............. 1002, 1008, 1197, 1273, 1368, 1385 HB 498--Legislative Counsel; Social security payments ................. 1086, 1090, 1357, 1422, 1720, 1812, 1829 HB 501--Waste Management; Municipal water, sewage systems; fees, service made available. ....... 1601, 1610, 1799, 1959, 2056, 2102 HB 502--Bonds; Revenue; Residential Finance Authority: bond limit increased ........... 721, 731, 946, 1020, 1151, 1161, 1406 HB 503--Randolph County; Commissioners; compensation .... 664, 672, 846, 907 HB 504--Ila, City of; Mayor; term of office .............. 664, 672, 846, 907 HB 506--Handicapped Persons; Buildings; accessibility standards, requirements .............. 1002, 1009, 1196, 1273, 2192, 2285, 2535 HB 507--Highways, Bridges and Ferries; Hazardous materials; private carriers, safety regulations .......... 1457, 1462, 1615, 1711, 1813, 1975, 1991 HB 508--Cairo, City of; Development Authority; continue in force ............................... 664, 672, 846, 907 HB 510--Columbus, City of; Muscogee County school merger; continue in force ........................................ 664, 672

2878

INDEX

HB 511--Muscogee County; Education Board Superintendent; contracts.................................... 664, 672, 1359, 1426
HB 512--Muscogee County; Education Board; members, districts ............................ 664, 673, 1359, 1426
HB 513--Muscogee County; Health Department; continue in force ... 664, 673 HB 514--Muscogee County; Columbus Airport Commission;
continue in force ........................................ 664, 673 HB 515--Muscogee County; Columbus Building Authority;
continue in force ........................................ 665, 673 HB 516--Muscogee County; Columbus-Muscogee County Port Development
Commission; continue .................................... 665, 673 HB 517--Muscogee County; Industrial Development Authority;
continue in force ........................................ 665, 673 HB 518--Muscogee County; Columbus-Muscogee County consolidation;
continue in force ........................................ 665, 674 HB 519--Columbus, City of; City Council;
rename members as councilors ................. 665, 674, 1359, 1426 HB 520--Columbus, City of; Street improvement bonds;
continue in force ........................................ 665, 674 HB 521--Muscogee County; Industry and tourism promotion;
continue in force ........................................ 666, 674 HB 522--Muscogee County; Revenue Bonds, issuing authority;
continue in force ........................................ 722, 732 HB 523--Muscogee County; Homestead exemption; continue in force . . 666, 674 HB 524--Muscogee County; Homestead exemption; continue in force . . 722, 732 HB 525--Muscogee County; Homestead exemption; continue in force . . 666, 675 HB 526--Muscogee County; Homestead exemption; continue in force . 666, 675 HB 527--Muscogee County; Homestead exemption; continue in force . . 666, 675 HB 528--Muscogee County; Property in transit; tax exemption,
continue in force ........................................ 666, 675 HB 529--Columbus, City of; Charter Review Commission;
continue in force ........................................ 667, 675 HB 530--Columbus, City of; Municipal Court;
jurisdiction, costs, transfers .................... 667, 675, 1359, 1427 HB 532--Butts County; Magistrate Court;
appointment of magistrates .................... 723, 732, 1016, 1103 HB 533--Bartow County; Sheriff, superior court clerk, probate court judge;
compensation ................................ 891, 898, 1199, 1277 HB 535--Bartow County; Commissioner;
change compensation ......................... 891, 898, 2156, 2169 HB 536--Bartow County; Tax Commissioner;
change compensation ......................... 892, 899, 1798, 1971 HB 537--Bartow County; Magistrate Court;
chief, compensation ........................... 892, 899, 1199, 1277 HB 538--White, City of; Aldermen; filling of vacancies .... 723, 732, 1269, 1365 HB 539--Crime Information Center; First offenders;
records provisions .......... 1601, 1610, 2301, 2305, 2548, 2698, 2842 HB 541--Murray County; Industrial Development Authority;
continue in force ............................. 723, 733, 1016, 1103 HB 542--Courts; Municipal; collect fees for county law libraries ..... 1002, 1009,
1357, 1423, 1479, 1623, 1719, 1725, 1944, 1989 HB 543--Social Services; Medicaid Fraud; definitions,
actions against providers .......... 1086, 1090, 1417, 1472, 1975, 2003 HB 544--Lowndes County; Commissioners; compensation. .... 723, 733, 846, 908

INDEX

2879

HB 546--Indigent Persons; Burial by county;

payment provisions ................. 933, 939, 1197, 1273, 2775, 2783

HB 548--Lowndes County; Tax Assessors Board;

continue in force ............................... 723, 733, 846, 908

HB 550--Mitchell County; Development Authority;

continue in force ............................. 723, 733, 1017, 1103

HB 551--Lowndes County; Education Board; continue in force 723, 733, 846, 908

HB 553--Macon, City of; Macon-Bibb Industrial Authority;

additional members........................... 667, 676, 1095, 1137

HB 554--Troup County; Commissioners; election districts . . 723, 733, 1017, 1103

HB 557--Oakwood, City of; Corporate limits ............... 724, 734, 904, 952

HB 558--Alcoholic Beverages and Alcoholism; Sales to minors;

counties notify Revenue Department . .889, 897, 1093, 1134, 1280, 1316

HB 559--Polk County; Tax Commissioner;

change compensation .............. .724, 734, 1095, 1138, 1142, 1405

HB 560--Insurance; Fees; change certain filing and

application fees

....................... 890, 898, 1094,

1134, 1479, 1622, 1719, 1722

HB 562--Clarke County; Industrial Development Authority;

continue in force ............................... 724, 734, 904, 952

HB 563--Cherokee County; State Court; change terms. ...... 724, 734, 904, 952

HB 564--Alcoholic Beverages and Alcoholism; Tax; excise, distilled spirits,

wines produced out of state. ....... 1601, 1610, 1797, 1959, 2055, 2128

HB 565--National Guard; Georgia State Guard; rename as

State Defense Force ........................ 1402, 1410, 2154, 2161

HB 566--Farm Wineries; Regulations, requirements ................ 1002, 1009,

1416, 1472, 1812, 1912

HB 567--Farm Wineries; Licensing, sales, quality control ........... 1002, 1009,

1416, 1472, 1813, 1913

HB 570--DeKalb County; Medical Examiner;

continue in force ............................. 667, 676, 1956, 2049

HB 576--Newton County; Commissioners; compensation . . . 724, 734, 1017, 1104

HB 577--Richmond County; Pine Hill Water and

Sewerage Authority; repeal .................... 724, 734, 1616, 1714

HB 578--Richmond County; Business licenses; continue in force.

.724, 734,

2536, 2539

HB 579--Richmond County; Hospital Authority Board;

membership ............... 1659, 1662, 2156, 2169, 2182, 2191, 2298

HB 580--Meriwether County; Education Board;

reconstitute. ................................. 725, 735, 1017, 1104

HB 581--Meriwether County; commissioners; election. ..... 725, 735, 1017, 1104

HB 582--Decatur, City of; Homestead exemption ........ 725, 735, 1956, 2050

HB 583--Municipalities; Alcoholic Beverages; Sunday sales,

certain cases ..................... 933, 939, 1416, 1472, 2312, 2333,

2413, 2506, 2582, 2663, 2761, 2783, 2789, 2799, 2827,

2828, 2830, 2831

HB 584--Education; State Board meetings; members attending,

court case postponement .......... 1696, 1703, 1797, 1959, 2055, 2085

HB 585--Public Officers and Employees; Salaries; set by law,

certain department heads................................. 933, 939

HB 587--Building Authority, Georgia; Contracts; powers,

parking facility at World Congress Center .................. 699, 704,

902, 949, 1025, 1061

2880

INDEX

HB 588--Dougherty County; Albany Dougherty Payroll Development Authority; continue in force ............................. 725, 735, 1017, 1104
HB 589--Glynn County; Commissioners; compensation .... 725, 735, 1199, 1277 HB 590--Sales Tax; Common carriers; certain exemptions ........... 1598, 1610,
1796, 1959, 2056, 2111 HB 592--Dublin Judicial Circuit; judges; salary supplement
by counties ..... 890, 898, 1197, 1273, 1367, 1396, 1597, 1982, 2536 HB 593--Crisp County; Revenue bonds for electric system;
continue in force .............................. 832, 842, 946, 1023 HB 594--Crisp County; Revenue bonds, hydro-electric power;
continue in force .............................. 832, 842, 946, 1023 HB 596--Troup County; Officials; change certain salaries . 832, 842, 1095, 1138 HB 597--Troup County; Coroner; compensation ........... 832, 842, 1095, 1138 HB 598--Troup County; Commissioners; compensation .... 832, 843, 1095, 1138 HB 599--Troup County; Magistrate Court; compensation. . . 832, 843, 1095, 1138 HB 600--Troup County; State Court; judge and solicitor,
compensation ................................ 832, 843, 1095, 1138 HB 601--Motor Vehicles and Traffic; Accidents; security for damages,
operator and owner notified ....... 1402, 1411, 1797, 1960, 2191, 2194 HB 602--Bail; Criminal Procedure; appearance bond,
forfeiture exceptions .............. 1086, 1090, 1356, 1423, 1719, 1753 HB 603--Tattnall County; State Court; judge,
compensation ................................ 833, 843, 1095, 1138 HB 604--Tattnall County; Commissioners; provide ..... 1122, 1128, 1467, 1619 HB 605--Quitman, City of; Commissioners;
change composition of board ..................... 833, 843, 904, 952 HB 606--Jones County; Education Board; chairman,
dates of service .............................. 833, 843, 1095, 1138 HB 607--Newton County; Development Authority;
correct population classification. .... 1184, 1192, 1359, 1423, 2191, 2216 HB 608--Newton County; Education Board; chairman and
members, compensation ....................... 833, 843, 1269, 1365 HB 609--White County; Tax Commissioner;
change compensation ......... 833, 844, 1616, 1714, 1716, 1718, 1946 HB 611--Morgan County; Education Board;
election of members .......................... 833, 844, 1095, 1138 HB 614--Family Violence; Victims; assisted by staff,
court procedures and forms . . 1402, 1411, 2301, 2305, 2548, 2702, 2842 HB 615--Cancer, Breast; Physicians distribute information
booklet to patients .............. 1599, 1610, 1954, 1964, 2313, 2385, 2522, 2526, 2577, 2688, 2812
HB 616--Cherokee County; Business license fees; firms in unincorporated area ................... 833, 844, 1095, 1139
HB 617--State Properties Commission; Powers; amendments to existing leases ............... 934, 939, 1016, 1100, 1204, 1206, 1405
HB 621--Ashburn, City of; Tax levy for industrial development; continue in force .............................. 833, 844, 946, 1024
HB 622--Grants; Medical student loans, scholarships; repayment, cancellation ............... 1185, 1192, 1356, 1423, 1479, 1622, 1687
HB 623--Cobb County; Election Board; create....................... 892, 899, 1709, 1803, 1804, 1812, 2041
HB 624--Revenue and Taxation; Income tax; withholding exemption certificates, Commissioner set rules. ........... 1599, 1610, 1796, 1960, 2056, 2110

INDEX

2881

HB 625--Local Government; County Officers; effective date of general laws increasing salary ........................ 1601, 1611, 2045, 2047, 2192, 2251, 2534
HB 626--Chatham County; Recorder's Court; jurisdiction, continue in force ............................. 834, 844, 2156, 2169
HB 627--Chatham County; Recorder's Court; powers, continue in effect ............................ 834, 844, 2156, 2169
HB 628--Carrollton, City of; Education Board; election of members .......................... 834, 845, 1095, 1139
HB 629--Criminal Justice Coordinating Council; Additional member; superior court judge .............. 1696, 1704, 1955, 1964, 2056, 2094
HB 630--Courts; Civil practice; voluntary dismissal provisions . 1185, 1193, 2155, 2161, 2312, 2364, 2413, 2523, 2581, 2760
HB 632--Aviation; Municipalities; airport land, tax exemption, certain cases .................... 1696, 1703, 1799, 1960, 2056, 2101
HB 634--Atlanta, City of; Parks; tax levy funds may be used for zoo ........... 1086, 1091, 1199, 1277
HB 635--Cherokee Judicial Circuit; Judges; salary supplement ........ .831, 841, 1197, 1273, 1479, 1622, 1719, 1729, 1945
HB 636--Fairmount, City of; City Council; terms of members ............................ 834, 845, 1095, 1139
HB 637--Cherokee Judicial Circuit; District Attorney; investigator, compensation ..................... 832, 842, 1197, 1274
HB 639--Electric Membership Corporations; Satellite television; sale or lease prohibited ................................ 1693, 1700
HB 640--Urban Residential Finance Authority; Powers; provisions on housing loans, bonds ............ 1086, 1092, 2156, 2169
HB 643--Athletics; Trainers; licensing, qualifications. ............... 1457, 1463, 1615, 1711, 1976, 2028
HB 645--Kidney Disease Advisory Committee; Membership; Human Resources, powers. ........ 1121, 1127, 1268, 1363, 1479, 1622, 1719, 1812, 1829
HB 646--Glynn County; Coroner; compensation. .......... 834, 845, 1199, 1278 HB 647--Fulton County; Magistrate Court;
permanent continuation of jurisdiction .................... 1260, 1265, 1797, 1960, 2191, 2240, 2296, 2383
HB 649--Revenue and Taxation; Financial institutions; taxation provisions, rates, state and local taxes ......... 1599, 1611
HB 650--Animals; Livestock; brucellosis control, health certificates .......................... 1599, 1611, 1953, 1964, 2192, 2266, 2534
HB 651--Magistrate Courts; Attorney who is magistrate; restrictions on practice of law .................... 1002, 1009, 2301, 2305, 2548, 2691, 2788, 2801, 2813
HB 653--Attorneys; Magistrate judges; training, members of state bar exempt ........... 1087, 1091, 2301, 2305, 2548, 2673, 2844
HB 654--McDuffie County; Tax Commissioner; change compensation ......................... 892, 899, 1095, 1139
HB 655--Public Service Commission; Motor Carriers; appeals procedure ................ 1402, 1411, 1798, 1960, 2057, 2119
HB 656--Rockdale County; Tax Commissioner; change salary................................ 892, 899, 1095, 1139
HB 657--Rockdale County; Commissioners; compensation . . 892, 899, 1095, 1139 HB 658--Hospitals; Mentally ill; patients in state institutions,
cost of care ..................... 1122, 1127, 2300, 2305, 2548, 2568

2882

INDEX

HB 659--Voter Registration; Death certificates; filing,

recording procedures. ............. 1696, 1703, 1954, 1964, 2313, 2510

HB 660--Rockdale County; Magistrate Court;

chief, compensation........................... 892, 899, 1095, 1139

HB 661--Rockdale County; Probate Court;

judge, compensation .......................... 892, 900, 1095, 1139

HB 662--Rockdale County; Sheriff; change compensation . 893, 900, 1095, 1140

HB 663--Rockdale County; Superior Court Clerk;

change compensation ......................... 893, 900, 1095, 1140

HB 664--Rockdale County; Coroner; change compensation . 893, 900, 1095, 1140

HB 665--Insurance; Motor vehicle; self-insurance, bus,

limousine, taxicab companies. ...... 1693, 1700, 2300, 2305, 2547, 2550

HB 667--Stone Mountain; City Manager; create office

893, 900, 1956, 2050

HB 670--Clarke County; School system merged with Athens;

continue in force ........................... 1692, 1699, 1956, 2050

HB 671--Stephens County; State Court; re-create ......... 893, 900, 1017, 1104

HB 672--Walker County; Development Authority;

continue in force ............................. 893, 900, 1095, 1140

HB 673--Coweta County; School system merged with Newnan;

continue in force ............................. 893, 901, 1095, 1140

HB 674--Coweta County; Development Authority;

continue in force ............................. 894, 901, 1095, 1140

HB 675--Coweta County; Water, sewerage, fire districts,

continue in force ............................. 894, 901, 1095, 1140

HB 676--Coweta County; Ad valorem tax exemption on property;

continue in force ............................. 894, 901, 1095, 1140

HB 677--Coweta County; Education Board; leases, contracts,

continue in force ............................. 894, 901, 1095, 1141

HB 678--Baconton, City of; Governing authority;

composition ................................. 935, 941, 1095, 1141

HB 679--Barbers; Licensing requirements ......................... 1403, 1411,

1615, 1711, 1975, 2019, 2147

HB 680--Douglas County; Douglasville-Douglas County

Water Authority; recreate ..................... 894, 902, 1095, 1141

HB 681--Merit System; Labor Department employees;

hourly wages, no benefits .......... 1403, 1411, 1615, 1711, 1813, 1932

HB 682--Schley County; Airport Authority; create ......... 894, 902, 946, 1024

HB 683--Abortion; Fetuses; disposal, reporting requirements ......... 1457, 1463,

1955, 1965, 2056, 2103

HB 684--House of Representatives; Reapportionment;

districts 15, 16, 77, 81, 105 and 107 .............. 1122, 1127, 1356,

1423, 1479, 1622, 1719, 1721

HB 686--Corrections; Inmates; custodian using for

private gain unlawful .......... 1691, 1698, 2302, 2306, 2548, 2578

HB 691--Kingsland, City of; City Manager; create office. . 894, 902, 1095, 1141

HB 692--Trucks; Flat-bed van carriers;

length limitations, signs ......... 1122, 1127, 1708, 1801, 1975, 1999

HB 693--Defense Department; Emergency Management;

deputy director, executive director . . 1260, 1265, 1355, 1423, 2313, 2380

HB 695--Insurance; Insurers Insolvency Pool and Solvency Board;

provisions ................. 1599, 1611, 2300, 2306, 2548, 2570, 2843

HB 697--Chatsworth, City of; Mayor and aldermen;

election date. ............................... 935, 941, 1130, 1202

INDEX

2883

HB 698--Winterville, City of; Mayor, Councilmen; election and terms. ........................... 935, 941, 1095, 1141
HB 701--Decatur County; Decatur-Bainbridge Industrial Development Authority; continue .................................... 935, 941, 1130, 1202
HB 702--Bainbridge, City of; Downtown Development Authority; continue in force ............................ 935, 941, 1130, 1202
HB 703--State Properties Commission; Powers and duties; disposition of public property ...... 1692, 1699, 1798, 1961, 2191, 2194
HB 704--Property Conveyances; General Assembly; authority to vary filing procedures . . 1692, 1699, 1798, 1961, 2192, 2277
HB 705--Contracts; Transportation Department; one bid received, procedures ..................... 1185, 1193, 2156, 2161, 2313, 2406, 2581, 2662, 2707, 2741
HB 707--Dawson County; Business license tax; firms in unincorporated areas .................. 895, 902, 1017, 1104
HB 709--Education; Proprietary schools; bonds, use of "college" prohibited ........ 1457, 1463, 1797, 1961, 2056, 2118
HB 710--Criminal Trespass; Definition of offense, change damage amount .......................... 1692, 1699, 2155, 2162, 2548, 2767
HB 711--Superior Courts; Clerks; minimum annual salary .......... 1695, 1702, 2154, 2162, 2312, 2339
HB 712--Liens; Secured transactions; financing statements, requirements .............. 1260, 1265, 1955, 1965, 2055, 2142, 2297
HB 719--Putnam County; Education Board; election of members, continue in force ............................. 935, 941, 1130, 1202
HB 720--Putnam County; Development Authority; continue in force ............................. 936, 941, 1130, 1202
HB 721--Eatonton, City of; Corporate limits; change ...... 936, 942, 1130, 1202 HB 722--Sugar Hill, City of; Corporate limits; change. . . 1002, 1010, 1199, 1278 HB 723--Public Service Commission; Utility rate cases;
procedures, court rulings, temporary rates ................ 1260, 1265, 1418, 1473, 1720, 1812, 1822, 2041
HB 724--Arkansas; Include in regional, interstate banking provisions. ...... 2788 HB 726--Henry County; Development Authority; members,
salary and expenses ..................... 925, 926, 1017, 1104, 1107 HB 727--Lanier County; Commissioners; composition of board ......... 936, 942,
1130, 1202
HB 728--Vidalia, City of; Development Authority; continue in force ............................. 936, 942, 1359, 1427
HB 729--Montgomery County; Superior Court; clerk, annual salary .......................... 936, 942, 1130, 1202
HB 730--Toombs County; Development Authority; continue in force ............................. 936, 942, 1130, 1203
HB 731--Montgomery County; Development Authority; continue in force ............................. 936, 942, 1418, 1474
HB 733--Lanier County; Education Board; election of members ...... 1003, 1010, 1616, 1714
HB 734--Macon, City of; Macon-Bibb Consolidated Government; provide .............................................. 1939, 1948
HB 735--Probate Courts; Wills, contested; jurisdiction, notification requirements ..................... 1694, 1701, 2154, 2162, 2313, 2397, 2844

2884

INDEX

HB 737--Chatham County; State Court; advance deposits, repeal Act providing .............. 1261, 1265, 1615, 1712, 1976, 2025
HB 739--Clinch County; Commissioners; compensation . 936, 943, 1130, 1203 HB 740--Clinch County; Commissioners; compensation .... 937, 943, 1130, 1203 HB 741--Clinch County; Education Board; election district . 937, 943, 1130, 1203 HB 742--Clinch County; Commissioners; election districts 937, 943, 1130, 1203 HB 743--Clinch County; Tax Commissioner; salary ....... 937, 943, 1130, 1203 HB 744--Clinch County; State Court; judge, solicitor,
salary ...................................... 937, 943, 1130, 1203 HB 745--Pierce County; State Court; judge, solicitor,
compensation ................................ 937, 944, 1130, 1203 HB 747--Insurance; Rates; premium deviations, filing procedures,
Commissioner's powers. ..... 1261, 1266, 2300, 2306, 2548, 2667, 2844 HB 749--Elbert County; State Court; terms, salaries of
judge and solicitor ......................... 1003, 1010, 1199, 1278 HB 750--Stewart County; Sheriff; compensation ........ 1003, 1010, 1199, 1278 HB 751--Stewart County; Probate and Superior Courts;
judges' compensation ....................... 1003, 1010, 1199, 1278 HB 752--Stewart County; Tax Commissioner; compensation ... 1003, 1011,
1199, 1278 HB 755--Griffin, City of; Commissioners;
election districts ........................... 1122, 1128, 1359, 1427 HB 756--Treutlen County; Development Authority;
continue in force ........................... 1003, 1011, 1359, 1427 HB 758--Walton County; Commissioners; chairman,
expense allowance .......................... 1003, 1011, 1199, 1278 HB 759--Walton County; Commissioners; compensation 1003, 1011, 1199, 1279 HB 760--Carrollton, City of; Payroll Development Authority;
continue in force ........................... 1004, 1011, 1269, 1365 HB 761--Tax Collectors, Commissioners; Ex officio sheriffs;
consent requirements, certain counties .................... 1347, 1352, 1615, 1712, 1813, 1975, 1990
HB 762--Tift County; Elections and Registration Board; create ...... 1123, 1128, 1709, 1803, 1808, 1812, 2147
HB 764--Workers' Compensation; Subsequent Injury Trust Fund; change provisions ................ 1694, 1701, 1954, 1965, 2055, 2065
HB 766--Henry County; Racetracks; excise tax on activities authorized ................... 1004, 1011, 1418, 1475, 1477
HB 767--Henry County; Development Authority; continue in force ........................... 1004, 1012, 1418, 1475
HB 768--Henry County; Education Board; continue in force ......... 1004, 1012, 1418, 1475
HB 769--Henry County; Water and Sewerage Authority; members, other public office .......................... 1004, 1012, 1418, 1475
HB 770--Henry County; Water, sewerage services; bonding authority, continue in force ........................... 1004, 1012, 1418, 1475
HB 771--Henry County; Ad valorem tax exemption, freeport; continue in force ........................... 1004, 1012, 1418, 1475
HB 772--Henry County; Water and sewer tax, bond guarantee; continue in force ........................... 1005, 1012, 1418, 1475
HB 773--Henry County; Probate Court Judge; nonpartisan election ................... 1005, 1013, 1418, 1476, 1477
HB 774--Henry County; Commissioners; monthly financial statements, yearly audit ............................... 1005, 1013, 1418, 1476

INDEX

2885

HB 776--Legislative Services Committee; General Assembly budget, maintenance, supplies; requirements ...................... 1087, 1091,
1357, 1423, 1813, 1974, 1987 HB 778--Early County; Superior Court; clerk, annual salary. ........ 1005, 1013,
1199, 1279 HB 780--Fayette County; School tax exemptions;
provide for elderly and disabled .............. 1087, 1092, 1199, 1279 HB 781--Fayette County; School Superintendent; appointed by education board,
term ..................................... 1123, 1128, 1467, 1619 HB 782--Jackson County; Commissioners; compensation ............ 1087, 1092,
1199, 1279
HB 783--General Assembly; Audits Department; annual personnel report, copies to members. ..... 1122, 1127, 1356, 1424, 1813, 1974, 1976
HB 785--Macon, City of; Corporate limits; change ................ 1123, 1128, 1616, 1714, 1717, 1718, 2147
HB 791--Carroll County; State Court; judge and solicitor, salary .................................... 1123, 1129, 1467, 1619
HB 793--Alcoholic Beverages and Alcoholism; Mental health; clinical records, confidentiality ..... 1691, 1698, 1954, 1965, 2056, 2104
HB 794--Grants; Student tuition grants; private colleges, remove amount limits ............. 1603, 1611, 1796, 1961, 2055, 2084
HB 798--Peachtree City; Mayor; voting and veto powers . 1123, 1129, 1468, 1619 HB 799--Chatham County; Sheriff and Superior Court clerk;
compensation ......................................... 1186, 1193 HB 801--Habersham County; Education Board; borrowing authority,
continue in force .......................... 1186, 1193, 1359, 1427 HB 802--Habersham County; Industrial Development Authority;
continue in force ........................... 1186, 1194, 1359, 1427 HB 803--Clarkesville, City of; Homestead exemption;
continue in force ........................... 1186, 1194, 1359, 1428 HB 804--Clarkesville, City of; Revenue bonds for elderly housing;
continue in force ........................... 1186, 1194, 1359, 1428 HB 805--Clarkesville, City of; Industrial Building Authority;
continue in force ........................... 1186, 1194, 1359, 1428 HB 807--Columbus, City of; Municipal Court; judge,
compensation .............................. 1187, 1194, 1359, 1428 HB 808--Muscogee County; Coroner; annual salary,
certain expenses. ........................... 1187, 1194, 1359, 1428 HB 809--Warner Robins, City of; Municipal Court;
penalties imposed for violations. .............. 1187, 1195, 1418, 1476 HB 813--Ivey, Town of; Elections; change procedures. . 1187, 1195, 1798, 1971
HB 814--Irwinton, Town of; Name change; appoint chief of police ...................... 1187, 1195, 1798, 1971
HB 817--Colquitt County; State Court; judge and solicitor, salary ................... 1187, 1195, 1468, 1619
HB 818--Long County; Commissioners; change compensation ........ 1187, 1195, 1359, 1428
HB 819--Evans County; Industrial Development Authority; continue in force ........................... 1187, 1195, 1359, 1428
HB 821--Augusta, City of; City Council; membership, terms, election and quorum .......................................... 1188, 1195
HB 822--Elections; Candidates; nominated, withdrawal, vacancies prior to election ......... 1692, 1700, 2154, 2162, 2313, 2394

2886

INDEX

HB 823--Doerun, City of; Recorder's Court; punishment provisions. ...................... 1262, 1266, 1616, 1715
HB 825--Fulton County; Atlanta-Fulton County Recreation Authority; zoos, golf courses .......................... 1772, 1781, 2156, 2170
HB 827--Donalsonville, City of; City Council; change composition ............... 1262, 1266, 1418, 1476, 1477, 1795
HB 832--Insurance; Group life policies; coverage limitation for dependents ................... 1691, 1698, 2300, 2306, 2548, 2577
HB 833--Greene County; Development Authority; continue in force ........................... 1347, 1352, 1616, 1715
HB 834--Greene County; Education Board; membership, continue in force ........................... 1347, 1353, 1616, 1715
HB 835--Richmond County; Ordinances affecting police or sheriff, referendum........................................... 1348, 1353
HB 836--Lee County; Commissioners; recreate Board. . . . 1348, 1353, 1418, 1476 HB 837--Cobb Judicial Circuit; Investigators;
appointment and compensation ............... 2293, 2300, 2536, 2539 HB 838--Newnan, City of; Water, Sewerage, Light Commission;
continue in force ........................... 1348, 1353, 1468, 1619 HB 839--Newnan, City of; Water, Sewerage, Light Commission;
continue in force ........................... 1348, 1353, 1468, 1619 HB 841--Gwinnett County; Homestead exemption;
elderly citizens. . ........... 1348, 1353, 2536, 2539, 2541, 2547, 2844 HB 842--Bainbridge, City of; Aldermen; change number 1348, 1354, 2156, 2170 HB 843--Union County; Hospital Authority; terms of members,
filling of vacancies ......................... 1348, 1354, 1468, 1620 HB 844--Blairsville, City of; City Council; meeting time,
transfer of executions ....................... 1349, 1354, 1468, 1620 HB 848--Death Penalty; Provide for Lethal
Intravenous Infusion ........................ 1696, 1704, 2301, 2306 HB 851--Gwinnett County; School taxes; governing authority retain
collection cost ............................. 1349, 1354, 1616, 1715 HB 853--Polk County; Water Authority; compensation of members . . . 1349, 1354,
1468, 1620 HB 854--Colquitt County; Moultrie-Colquitt Development Authority;
continue in force ........................... 1349, 1354, 1616, 1715 HB 855--Colquitt County; Education Board; continue in force ...... 1349, 1354,
1616, 1715 HB 856--Whitfield County; Election Board; repeal act creating ...... 1349, 1355,
1616, 1715 HB 857--Whitfield County; Elections and Registration Board;
create .................................... 1349, 1355, 1616, 1716 HB 860--Tattnall County; Industrial Development Authority;
continue in force ........................... 1406, 1413, 1709, 1803 HB 861--Tattnall County; Education Board; membership,
continue in force ........................... 1406, 1413, 1709, 1803 HB 862--Glennville, City of; Mayor and Council;
election provisions .......................... 1407, 1413, 1709, 1803 HB 863--Tattnall County; Education Board;
election of members ....................... 1660, 1662, 1956, 2050 HB 864--Murray County; Coroner; change compensation. 1407, 1413, 1709, 1803 HB 865--Whitfield County; Officials; compensation,
certain officers ............................. 1407, 1413, 1709, 1803 HB 866--Murray County; Commissioner; compensation . . 1407, 1413, 1709, 1804

INDEX

2887

HB 868--Bacon County; Education Board; chairman and

members, compensation ..................... 1407, 1413, 1709, 1804

HB 869--Towns County; Treasurer; abolish office ....... 1407, 1414, 1616, 1716

HB 870--Habersham County; Commissioners;

change districts, election provisions ........... 1407, 1414, 1616, 1716

HB 871--Bowden, City of; Homestead exemption;

continue in force ........................... 1407, 1414, 1709, 1804

HB 872--Richmond County; Sheriffs Merit System Board;

change powers and duties ...............

1408, 1414, 2537, 2541

HB 876--Echols County; Commissioners;

compensation of members ................... 1939, 1948, 2046, 2165

HB 877--DeKalb County; Recorder's Court; animal control duties,

continue in force ........................... 1408, 1414, 1956, 2050

HB 878--DeKalb County; Magistrate Court; provide ............... 1408, 1414,

2536, 2539, 2543, 2547, 2740, 2768

HB 879--DeKalb County; Commissioners; ordinance powers,

continue in force ........................... 1408, 1415, 1956, 2050

HB 880--Clarke County; Commissioners; compensation . . 1408, 1415, 1709, 1804

HB 881--Bacon County; Education Board;

nonpartisan election of members ............. 1458, 1464, 1956, 2051

HB 882--Brantley County; Commissioners; compensation . 1408, 1415, 1709, 1804

HB 885--Fire Protection and Safety; Firefighter Training,

Standards Council; membership, powers .................. 1694, 1701,

2155, 2162, 2312, 2355, 2533

HB 887--Partnerships; Uniform Act; revise and clarify

various provisions ................ 1693, 1700, 2301, 2306, 2775, 2845

HB 890--Centerville, City of; Mayor and Council;

qualifications .............................. 1409, 1415, 1709, 1804

HB 893--Royston, City of; New charter ............... 1459, 1464, 1798, 1971

HB 894--Madison County; Industrial Development Authority;

continue in force ........................... 1459, 1464, 1798, 1971

HB 895--Madison County; Education Board; continue in force ....... 1459, 1464,

1798, 1972

HB 896--Sylvester, City of; Mayor and Council members;

election ................... 1459, 1464, 1709, 1804, 1808, 1812, 2041

HB 897--Madison County; Officials; change compensation,

certain officers ............................. 1459, 1464, 1798, 1972

HB 898--Madison County; Sheriff; provide annual salary. 1459, 1465, 1798, 1972

HB 899--Madison County; Industrial Development and Building Authority;

membership ............................... 1459, 1465, 1799, 1972

HB 900--Candler County; State Court; revise powers,

duties and jurisdiction .................

1460, 1465, 1956, 2051

HB 901--Candler County; School taxes;

governing authority retain collection costs . . . . . 1460, 1465, 1956, 2051

HB 902--Candler County; Magistrate Court; chief, magistrates,

commissioner appoints ...................... 1460, 1465, 1956, 2051

HB 903--Madison County; Commissioners; salaries,

expenses, vehicles .......................... 1460, 1465, 1799, 1972

HB 905--Cairo, City of; Recorder's Court; change to

municipal court ............................ 1460, 1466, 1956, 2051

HB 906--Islands, City of; Incorporate; provide charter .............. 2827, 2829

HB 907--Adoption; Legitimacy petition; filed in county of adoption 1691, 1698,

1955, 1965, 2192, 2290, 2355, 2372, 2413, 2507, 2664, 2741

2888

INDEX

HB 909--Pierce County; Commissioners; five-member board ......... 1460, 1466,
1956, 2051 HB 910--Pierce County; Education Board; election districts. ......... 1460, 1466,
1956, 2052 HB 912--Union City, City of; Municipal Court;
associate judge, appointment................. 1772, 1781, 2046, 2165 HB 913--Austell, City of; Corporate limits, change. .... 1461, 1466, 2156, 2172 HB 915--Libraries; Atlanta in DeKalb County;
special district, ad valorem tax ............. 1773, 1781, 2156, 2172 HB 916--Agriculture; Food Act; violations,
misrepresentations, penalties ....... 1694, 1702, 1953, 1965, 2191, 2193 HB 917--Hazardous Materials; Transporting; Public Service
Commission regulate. ............. 1692, 1699, 2302, 2306, 2548, 2668 HB 919--Eminent Scholars Endowment Trust Fund;
Create, Regents Board administer ....................... 1457, 1463, 1954, 1966, 2191, 2248, 2534
HB 920--Pembroke, City of; Incorporation Acts; revise, consolidate .......................... 1461, 1466, 1956, 2052
HB 921-- Effingham County; State Court; judge and solicitor, salary ................... 1461, 1466, 1956, 2052
HB 927--Houston County; Governing authority; branch offices, continue in force .............. 1601, 1612, 1799, 1972
HB 928--Houston County; Education Board; grants to handicapped, continue in force ........................... 1602, 1613, 1799, 1972
HB 929--Houston County; Special Court; continue in force .......... 1602, 1613, 1799, 1973
HB 930--Houston County; Development Authority; continue in force ........................... 1602, 1613, 1799, 1973
HB 931--Bryan County; Business license; firms in unincorporated areas. ............. 1602, 1613, 1956, 2052, 2117, 2146
HB 933--Lincoln County; Commissioners; chairman, compensation .............................. 1602, 1613, 2046, 2165
HB 935--Tift County; Contracts, purchases; provide for bid system ...................... 1602, 1614, 2046, 2165
HB 937--Floyd County; Rome-Floyd County Development Authority; continue in force ........................... 1602, 1614, 1799, 1973
HB 940--Transportation; Contracts; bidding prohibited after certain convictions ... 1695, 1702, 1955, 1966, 2056, 2112, 2296
HB 941--Cobb County; State Court; clerk, change amount of bond required ........................... 1603, 1614, 2156, 2172
HB 943--Baxley, City of; City Council; composition and election ..... 1773, 1782, 2156, 2172
HB 944--Morganton, City of; Mayor and councilmen; terms of office ............................. 1660, 1662, 2046, 2165
HB 946--Judicial Circuits; Pataula Circuit; Assistant DA serve, Early County solicitor ...................... 1660, 1662, 1956, 2052
HB 947--Spalding County; Tax Commissioner; change compensation ....................... 1660, 1663, 2046, 2166
HB 948--Butts County; Commissioners; provide for five members .................... 1773, 1782, 2046, 2166
HB 949--Washington County; Commissioners; provide for board, members, and chairman ..................... 1939, 1948, 2156, 2173
HB 950--Washington County; Tax Commissioner; change compensation ....................... 1660, 1663, 2046, 2166

INDEX

2889

HB 951--Johnson County; Probate Court; judge,

clerical assistance ........................ 1660, 1663, 2046, 2166

HB 952--Tennille, City of; Elections; provisions ........ 1773, 1782, 2046, 2166

HB 953--Sandersville, City of; Elections; provisions. ..... 1939, 1948, 2156, 2173

HB 954--Kite, Town of; Councilmen; change number . . . . 1660, 1663, 2046, 2166

HB 955--DeKalb County; State Court; additional

assistant solicitor ........................... 1660, 1663, 1956, 2052

HB 956--Marietta, City of; Downtown Development Authority;

enlarge .................................. 1661, 1663, 2156, 2173

HB 957--Atlanta, City of; Redevelopment powers .................. 2074, 2086,

2156, 2173, 2184, 2191, 2298

HB 958--Douglasville, City of; Mayor and Councilmen;

election ................................... 1661, 1664, 2046, 2166

HB 959--Oliver, City of; Reincorporate; provide new charter ........ 1661, 1664,

1799, 1973

HB 960--Irwin County; Sheriff; employees, compensation. 1661, 1664, 1956, 2052

HB 961--Irwin County; Commissioners; chairman, members,

secretary, compensation ..................... 1661, 1664, 1956, 2053

HB 964--Carroll County; Education Board; election of members ..... 1773, 1782,

2046, 2166

HB 965--Cobb County; State Court; judges, compensation .......... 1661, 1664,

2156, 2170, 2183, 2191, 2297

HB 967--Chatham County; Recorder's Court; judges, compensation. . . 1661, 1664

HB 970--Clinch County; Education Board;

reapportionment ......................... 1661, 1664, 2046, 2167

HB 971--Bleckley County; Commissioners Board; create . 1773, 1782, 1956, 2053

HB 973--Etowah-Forsyth Water Authority; Operate and maintain

sewage systems ............................ 1773, 1782, 2046, 2167

HB 974--Forsyth County; Education Board; compensation 1773, 1783, 2046, 2167

HB 975--Cook County; Commissioners; election of members ......... 1774, 1783,

1957, 2053

HB 976--Decatur County; Probate Court; judge,

annual salary .............................. 1774, 1783, 2156, 2170

HB 977--Catoosa County; Probate Court; judge,

clerical help allowance ...................... 1940, 1949, 2156, 2171

HB 978--Floyd County; Merit System; additional

exemptions from coverage ................... 1774, 1783, 2046, 2167

HB 979--Rome Judicial Circuit; District Attorney;

investigators ............................... 1774, 1783, 2046, 2167

HB 980--Floyd County; Hospital Authority; filling of vacancies ...... 1774, 1783,

2046, 2167

HB 981--Warren County; Commissioners; compensation,

expense allowances ......................... 1774, 1783, 2046, 2167

HB 982--Colquitt County; Business license fees;

continue in force ......................... 1774, 1784, 2156, 2171

HB 983--Colquitt County; Commissioners; election of members ...... 1780, 1789

HB 984--Spalding County; Commissioners; five-member board ....... 1774, 1784,

2046, 2167

HB 985--Spalding County; Magistrate Court;

chief, compensation......................... 1775, 1784, 2046, 2168

HB 986--Newton County; Industrial Development Authority;

continue in force ........................... 1775, 1784, 2046, 2168

HB 987--Lamar County; Magistrate Court; collections for

law library fees

................... 1775, 1784, 2046, 2168

2890

INDEX

HB 988--Butts County; Magistrate Court; collections for law library fees ............... 1775, 1784, 2046, 2168
HB 989--Camilla, City of; Downtown Development Authority; continue in force ........................... 1775, 1784, 1957, 2053
HB 990--Sale City; Corporate limits; change ........... 1775, 1785, 1957, 2053 HB 992--Muscogee County; Education Board;
sale of museum property .................... 1775, 1785, 2156, 2171 HB 993--Henry County; Education Board; election of members,
residency requirements ...................... 1775, 1785, 2046, 2168 HB 994--Henry County; Community Improvement Districts;
create .................................... 1776, 1785, 2046, 2168
HB 995--Coweta County; Magistrate Court; judge, nonpartisan election ........................ 1776, 1785, 2156, 2171
HB 996--Coweta County; Education Board; clarify terms, technical corrections ....................... 1776, 1785, 2046, 2168
HB 997--Chatham County; State Court; costs and fees . . 1776, 1786, 1957, 2053 HB 998--Chattooga County; State Court; judge, solicitor,
compensation .............................. 1776, 1786, 1957, 2053 HB 999--Chattooga County; Trion schools; sales tax levy,
continue in force ........................... 1776, 1786, 1957, 2054
HB 1000--Chattooga County; Education Board; compensation of members .................. 1776, 1786, 1957, 2054
HB 1001--Trion, City of; Homestead exemption; elderly, continue in force .................... 1776, 1786, 1957, 2054
HB 1002--White County; Superior Court; deputies, employees, compensation .................... 1777, 1786, 1957, 2054
HB 1003--Hart County; Industrial Building Authority; continue in force ........................... 1777, 1786, 2047, 2168
HB 1006--Muscogee County; Coroner; repeal Act providing annual salary .............................. 1777, 1787, 2156, 2171
HB 1008--Chatham County; Hospital Authority; members, limit terms of office ................................... 1777, 1787
HB 1009--Marietta, City of; Annexation; de-annex certain property .................. 1777, 1787, 2536, 2540
HB 1010--Clayton County; Commissioners; compensation . 1777, 1787, 2156, 2171 HB 1011--Clayton County; State Court; Solicitor,
compensation .............................. 1777, 1787, 2156, 2171 HB 1012--Clayton Judicial Circuit; Judges; county,
salary supplement .......................... 1778, 1788, 2156, 2172 HB 1013--Clayton County; State Court; judges, compensation ........ 1778, 1788,
2156, 2173
HB 1014--Clayton County; District Attorney; salary supplement ...... 1778, 1788, 2156, 2173
HB 1015--Clayton County; Probate Court; judge, compensation ....... 1778, 1788, 2156, 2174
HB 1016--Clayton County; Sheriff and Superior Court Clerk; compensation .............................. 1778, 1788, 2156, 2174
HB 1017--Clayton County; Civil Service Board; members, compensation ..................... 1778, 1788, 2156, 2174
HB 1018--Clayton County; Coroner; compensation ....... 1778, 1789, 2156, 2174 HB 1019--Clayton County; Tax Commissioner; compensation ......... 1778, 1789,
2156, 2174
HB 1020--Brantley County; Officers; change compensation ....................... 1779, 1789, 2156, 2174

INDEX

2891

HB 1024--Fayette County; Tax Commissioner; change compensation ....................... 1940, 1949, 2156, 2174
HB 1025--Fayette County; Superior Court; clerk, compensation ....... 1940, 1949, 2157, 2175
HB 1026--Fayette County; Probate Court; judge, compensation ....... 1940, 1949, 2157, 2175
HB 1027--Fayette County; Sheriff; change compensation . . 1940, 1949, 2157, 2175 HB 1028--Burke County; Education Board; election districts. ......... 1940, 1949,
2157, 2175 HB 1029--Glascock County; Superior Court; clerk, compensation ...... 1940, 1949,
2157, 2175, 2185, 2191, 2535 HB 1031--Candler County; Commissioners; increase membership .... 2037, 2042,
2157, 2175 HB 1032--Marietta, City of; Corporate limits; change .... 1940, 1950, 2157, 2175 HB 1033--Polk County; Education Board; election of members ........ 1940, 1950,
2157, 2175
HB 1035--Richmond County; Officials; change compensation, certain officers ....................... 2253, 2254, 2536, 2540, 2545, 2547, 2773, 2774, 2788, 2798, 2802, 2829
HB 1036--DeKalb County; Commissioners; damages, payment, continue in force ....................... 1941, 1950, 2157, 2176
HB 1037--Catoosa County; Development Authority; membership selection ....................... 1941, 1950, 2157, 2176
HB 1038--Columbia County; Commissioners; compensation .............................. 1941, 1950, 2157, 2176
HB 1039--Jeff Davis County; Education Board; election districts ...... 1943, 1950, 2157, 2176
HB 1040--Lyons, City of; Development Authority; continue in force ... 1941, 1950, 2157, 2176
HB 1044--Banks County; Tax Commissioner; change compensation ... 1941, 1951, 2157, 2176
HB 1045--Taylor County; Commissioners; reapportion districts ........ 1941, 1951, 2157, 2176
HB 1048--Lamar County; Commissioners; membership . . . 2038, 2042, 2157, 2177 HB 1049--Gilmer County; Tax Commissioner;
compensation .............................. 1941, 1951, 2157, 2177 HB 1050--Marietta, City of; Downtown Development Authority;
enlarge district. ............................ 1942, 1951, 2157, 2177 HB 1051--Cobb County; State Court; clerk, solicitor, compensation
provisions ............ 1942, 1951, 2157, 2177, 2186, 2187, 2191, 2298 HB 1052--College Park, City of; Ad valorem taxation;
modify certain provisions ............................... 2074, 2087, 2157, 2177, 2188, 2191, 2297
HB 1053--College Park, City of; Homestead exemption; increase ..... .2075, 2087, 2157, 2177
HB 1054--Dawson County; Tax Commissioner; compensation ......... 1942, 1951, 2157, 2177
HB 1055--Dawson County; Probate Court judge, Superior Court clerk; compensation .............................. 1942, 1952, 2157, 2178
HB 1056--Seminole County; Tax Commissioner; compensation ........ 1942, 1952, 2157, 2178
HB 1057--Seminole County; Probate Court; judge, compensation ...... 1942, 1952, 2157, 2178

2892

INDEX

HB 1058--Seminole County; Superior Court; clerk, compensation ...... 1942, 1952,
2157, 2178 HB 1059--Seminole County; Sheriff; compensation ....... 1942, 1952, 2157, 2178 HB 1061--Banks County; Commissioners; compensation . . . 1943, 1952, 2157, 2178 HB 1062--Clayton Judicial Circuit; Court reporters;
compensation .............................. 1943, 1953, 2157, 2178 HB 1063--Clayton County; Magistrate Court;
magistrates post surety bond ................. 1943, 1953, 2157, 2178 HB 1064--Clayton County; Juvenile Court; judge, compensation. ...... 1943, 1953 HB 1065--Clayton County; State Court; deposits for
advance costs .............. 1943, 1953, 2157, 2179, 2189, 2191, 2297 HB 1067--Laurens County; Tax Commissioner; compensation ........ .2037, 2042,
2157, 2179 HB 1068--Bibb County; Macon-Bibb Water and Sewerage Authority;
retirement plan ............................ 2037, 2042, 2303, 2308 HB 1069--Hazlehurst, City of; Commissioners; election wards ....... .2037, 2042,
2157, 2179 HB 1070--Thomasville, City of; Payroll Development Authority;
continue in force ........................... 2037, 2042, 2157, 2179 HB 1071--Thomas County; Education Board, School Superintendent;
selection, continue .......................... 2037, 2042, 2157, 2179 HB 1072--Bibb County; Macon-Bibb Water and Sewerage Authority;
projects ................................... 2037, 2043, 2303, 2309 HB 1075--Grantville, City of; New charter. ............. 2037, 2043, 2157, 2179 HB 1076--Clarkesville, City of; Elections;
change date for certain offices ............... 2038, 2043, 2157, 2179 HB 1077--White County; Education Board; election of members,
continue in force ........................... 2038, 2043, 2157, 2180 HB 1078--White County; Industrial Building Authority;
continue in force ........................... 2038, 2043, 2157, 2180 HB 1080--Moreland, Town of; New charter............. 2075, 2087, 2157, 2180 HB 1081--Warren County; Superior Court;
deputy clerk, compensation ..... . .2075, 2087, 2303, 2309, 2311, 2535 HB 1082--Warren County; Tax Commissioner;
assistants, compensation ..................... 2075, 2087, 2157, 2180 HB 1083--Tyrone, Town of; Mayor and Council;
provide for offices .......................... 2075, 2087, 2157, 2180 HB 1084--Marion County; Education Board;
election of members .............................. 2254, 2303, 2309 HB 1085--Worth County; Commissioners; compensation ...... 2254, 2303, 2309 HB 1088--Heard County; Education Board; election districts ........ .2326, 2329,
2536, 2540 HB 1091--Wilkes County; Homestead exemption;
eligibility requirements ...................... 2327, 2329, 2536, 2540 HB 1094--Catoosa County; Coroner; compensation ....... 2327, 2329, 2536, 2540 HB 1095--Dooly County; Commissioners; compensation . . 2327, 2330, 2536, 2540 HB 1098--Taylor County; Education Board; education districts. ...... .2327, 2330,
2536, 2541 HB 1099--Gilmer County; Commissioner; compensation . . . 2327, 2330, 2536, 2541 HB 1101--Wayne County; Industrial Development Tax;
continue in force ........................... 2327, 2330, 2536, 2541 HB 1102--Houston County; Houston Judicial Circuit;
judges, compensation ....................... 2327, 2330, 2537, 2541 HB 1103--Fannin County; Election Board; powers and duties ......... 2327, 2330

INDEX

2893

=,-, HB 1117--Walton County; Coroner; compensation. ................. 2579, 2582
s/''

2894

INDEX

HOUSE RESOLUTIONS

HR 1--General Assembly; House; notify Senate that House has convened. 35

HR 2--General Assembly; Governor; notify that General Assembly

has convened ................................................ 35

HR 5--General Assembly; Joint session;

Education message by Governor .......................... 37, 49, 59

HR 6--General Assembly; Joint Session; State of the State and Budget

message by Governor ........................... 37, 50, 78

HR 7--General Assembly; Joint Session; invite Supreme and

Appellate Court justices ........................... 38, 50

HR 8--Adjournment; General Assembly; January 25 to February 4 . 38, 50, 540

HR 11--Teenage and Youth Unemployment Study Committee, House;

create ........................ 347, 351, 903, 949, 1976, 2027, 2147

HR 15--Urban County and Municipal Study Committee;

create ............................ .401, 406, 946, 1020, 1150, 1156

HR 18--ATLAS OF GEORGIA; UGA version; designated official

State Atlas..................... 543, 550, 619, 680, 746, 1025, 1062

HR 20--Lindbergh, Charles A.; Historical marker honoring;

place in Americus ................... 608, 616, 945, 1020, 1280, 1317

HR 21--Lindsey, Archie L.; Designate bridge; Roswell over

Chattahoochee River in honor. . . . 347, 351, 738, 851, 1026, 1078, 1406

HR 22--Hammonds, Eddie, Jr.; compensate 1403, 1412, 1614, 1712, 2030, 2147

HR 24--Scott, Walter A.; Bridge at Gordon over Southern Railway;

designate in honor. .................. .401, 406, 738, 851, 1026, 1079

HR 27--Hazardous Materials; Emergency Response Advisory Council;

create ......................... .1123, 1128, 1615, 1712, 2056, 2114

HR 50--World Congress Center; Designate Zell Miller

Corporate Conference Center

608, 616, 945, 1020, 1105, 1106

HR 51--Baldwin County; Commissioners; compensated

by State for airport damages ........... 1403, 1412, 1614, 1712, 2032

HR 52--Antebellum Trail; Designate via Athens, Milledgeville

and Macon............................ 347, 352, 738, 851, 954, 998

HR 55--Corridor Z Highway, Columbus to Brunswick;

designate as Jimmy Carter Parkway ....................... 347, 352

HR 74--Trucks; Tandem Trailer Access to Public Roads Study Committee,

joint .......... 1185, 1193, 1268, 1363, 1813, 1919, 2015, 2044, 2153

HR 75--Mitchell, Margaret; anniversary of

GONE WITH THE WIND .............................. 187, 193

HR 79--Fire Protection and Safety; Fire Hydrants;

marking system on roads, Transportation Department ... 1693, 1701,

1956, 1966, 2191, 2197

HR 90--Pelham, City of; Property conveyance; lease to

Development Corporation. .......... 934, 940, 1016, 1101, 1281, 1339

HR 91--Labor and Industrial Relations; Department;

property conveyances, disposition of county offices............ 934, 940,

1016, 1101, 1206, 1256, 1794

HR 99--Burns, David M.; compensate ........................... 1403, 1412,

1614, 1640, 1719, 1720, 1801, 2033

HR 100--Garden Week in Georgia; designate. . . .721, 731, 946, 1020, 1281, 1340

HR 101--Transportation; Designate North Rome Connector as Veterans Memorial

Highway........................ 1697, 1704, 1956, 1966, 2192, 2264

INDEX

2895

HR 102--Legislative Services Committee; Retirement Systems; urge comparative analysis of local systems ................ 1697, 1705, 2302, 2307, 2548, 2572
HR 106--Courts; Superior; Judgeships Study Committee, reapportion circuits, joint. . . . 1403, 1412, 1708, 1801, 2192, 2263, 2535
HR 111--Railroads; Property conveyance; Chattanooga, Tenn., leases ......... .890, 898, 1016, 1101, 1280, 1318
HR 112--Railroads; Property conveyance; sale of property leased to Seaboard Railroad ....... 1005, 1010, 1197, 1274, 1431, 1479, 1591
HR 113--Chancellor, Charlotte; compensate ....... 1404, 1412, 1614, 1712, 2034 HR 119--Keen, Floyd; compensate ............... 1404, 1412, 1614, 1713, 2034 HR 120--Acworth, City of; Property conveyance;
easement for highway improvements ..................... 1185, 1193, 1418, 1473, 2056, 2116
HR 122--Atlanta, City of; Atlanta Charter Review Study Committee; create .......................... 1604, 1612, 1708, 1801, 2192, 2265
HR 126--Rural Electrification; commemorating fiftieth anniversary ... 721, 743 HR 153--Agriculture; Farmers; urge Congress aid in foreign tariffs,
subsidies .................... 721, 731, 1092, 1134, 1281, 1321, 1794 HR 154--Vendors; Roadside; urge local governing authorities
to regulate ................... 721, 731, 904, 949, 1479, 1622, 1690 HR 168--Women's History Week; designate ......................... 722, 743 HR 170--Local Constitutional Amendments Overview Committee,
joint ................ 1005, 1010, 1129, 1200, 1281, 1367, 1369, 1794 HR 171--Liability of Government; Governmental Liability Commission;
create .......................... 1604, 1612, 1954, 1966, 2191, 2229 HR 174--Neville, Richard B.; Designate Highway 369 bridge over
Lake Lanier in honor ............. 1458, 1463, 1708, 1801, 2192, 2282 HR 175--Georgia Institute of Technology;
Recognize 100th anniversary ....................... 1347, 1364, 2014 HR 183--Farms; Foreclosures; urge moratorium by banks ............ .934, 940,
1092, 1135, 1281, 1367, 1373 HR 188--Crowe, Hugh L., Dr.; recognize ........................... 935, 951 HR 189--Courts; Tort lawsuits; encourage structured settlements
and awards. ...................... .935, 940, 1955, 1966, 2191, 2196 HR 197--Burns, Sheila J. and Kenneth A.; compensate ............. 1697, 1705,
1796, 1961, 2143, 2297 HR 198--Telephones, Telegraph Service; Local telephone companies;
urged to become competitive. . . 934, 940, 1198, 1274, 1720, 1812, 1828 HR 199--University of Georgia; Historical marker at
Toombs Oak on campus ....... 1458, 1463, 1954, 1966, 2056, 2109 HR 200--Kendrick, Charlie; Designate bridge in Murray County
in honor ........................ 1604, 1612, 1708, 1801, 2313, 2412 HR 202--Ross, John; Cherokee Chief; authorize portrait
in State capitol .................. 1697, 1704, 1798, 1961, 2192, 2276 HR 203--Guess, George; Commend; authorize portrait
in State capitol .................. 1697, 1704, 1798, 1961, 2192, 2283 HR 214--Corps of Engineers, U.S.; Urged complete study of
Curry Creek Dam. ............... 1087, 1091, 1615, 1713, 2312, 2365 HR 218--DeKalb County; DeKalb Junior College;
approve as University System unit. . 1697, 1705, 1954, 1967, 2056, 2089 HR 219--Berrien County; Property conveyance; release reverters,
allow sale of property............. 1604, 1612, 1798, 1962, 2191, 2249

2896

INDEX

HR 220--Tybee Island, City of; Property conveyance;

easement for pier ..........

1604, 1612, 1798, 1962, 2056, 2091

HR 224--Hamby, Christine Carol; compensate. . . . . 1697, 1705, 1796, 1962, 2145

HR 232--DeKalb County; DeKalb County Land Use Study Commission;

create .................... 1403, 1412, 2047, 2169, 2182, 2191, 2297

HR 235--Doctors Floyd Bridge; Designate in honor of

Floyd family .................... 1697, 1705, 1956, 1967, 2192, 2289

HR 236--Cone, Captain William; Designate bridge over Ogeechee,

Bulloch County in honor .......... 1694, 1701, 1956, 1967, 2312, 2366

HR 259--Ballou, L. Dennis; commend, MARTA chief engineer ...... 1347, 1364

HR 261--Olympic Summer Games, 1984; commend

Georgia participants .............................. 1604, 1618, 1665

HR 275--Chatham County; Property Conveyance;

to Rita N. Shinall. ............... 1694, 1701, 1798, 1962, 2192, 2288

HR 276--Income Tax; Federal Solar Energy Tax Credit;

urge extension .................. .1693, 1700, 1796, 1962, 2191, 2232

HR 281--Bahai Religious Faith; condemn Iranian persecution ........ 1604, 1612,

1708, 1801, 2192, 2284

HR 310--Adjournment; General Assembly; March 1 to March 4 . . . . . 1697, 1937

HR 312--Carroll County; Government Authority Study Commission;

create .................................... 2038, 2043, 2157, 2180

HR 406--Georgia Homecoming in 1988; provide for recognition ...... 2512, 2538

HR 453--Adjournment; General Assembly; sine die March 8 . . 2835, 2836, 2846

INDEX

2897

PART III ALPHABETICAL INDEX
A

ABORTION; Fetuses; disposal, reporting requirements ................... HB 683
AGREE, PAMELA; Nurse in medical aid station for General Assembly . . Page 33
ACWORTH, CITY OF; Property conveyance; easement for highway improvements ............................................ HR 120
AD VALOREM TAX (Also See Revenue and Taxation) Bills; notices; information to taxpayer required ........................ HB 125 Counties, cities; Redevelopment Powers Law.......................... HB 430 County tax collector; acting as ex officio sheriff, salary ................. HB 340 County tax collectors; payment and reports of collections ............... SB 209 County tax digest; approval denied if property on appeal, records confidential .............................................. HB 80 County tax digests; State approval if appeals pending ................. HB 214 Motor vehicles; registration, license tags, time for payment .............. SB 96 Motor vehicles; time for payment, certain counties ..................... SB 97 Municipalities; airport land owned, ad valorem tax exemption ........... HB 632 Payment; checks made payable to county office ....................... HB 404 Records of taxpayers confidential except in court cases .................. HB 80
ADAMS, F. JACK; Commend ........................................ SR 85
ADJOURNMENT General Assembly; February 22 to February 25 ....................... SR 169 General Assembly; January 25 to February 4 ........................... HR 8 General Assembly; March 1 to March 4 ...................... HR 310 General Assembly; March 6 to March 8 ............................ SR 246 General Assembly; sine die March 8 ................................ HR 453
ADMINISTRATIVE SERVICES DEPARTMENT Commissioner; salary .............................................. HB 270 Handicapped accessibility standards; requirements ...................... SB 20 Sheriffs Retirement Fund; board membership ........................ HB 165 Space management; definitions, rent or lease agreements ............... HB 436 Unemployment compensation claims; processing and payment ........... HB 485
ADOPTION Human Resources Department; interstate reciprocal agreements ......... HB 200 Legitimacy petition; filed in county of adoption ....................... HB 907 Parental Rights termination; court procedures. ........................ HB 175
ADVERTISEMENTS; Legal; publishing rates ........................... SB 78
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2898

INDEX

AFRICAN DEVELOPMENT BANK Insurers authorized to invest in securities ............................. HB 82 Insurers authorized to invest in securities ............................ SB 144
AGED (See Elderly)

AGRICULTURE Agricultural Exposition Authority Overview Committee ................ HB 254 Agricultural Exposition Authority; create. ............................ HB 271 Boll Weevil Eradication Act; enact.................................. SB 256 Brucellosis disease in cattle; control, health certificates ................. HB 650 Commissioner; salary provisions ..................................... HB 270 Farm Bureau Day, Georgia; proclaim February 7, 1985 ................ SR 121 Farm Equipment; mechanics' liens, priority provisions .................. HB 239 Farm Foreclosures; urge moratorium by banks ........................ HR 183 Farmers; urge Congress aid in foreign tariffs, subsidies ................. HR 153 Federal Marketing and Bargaining Act; urge to aid farmers ........... SR 154 Food Act; violations, misrepresentations, penalties ..................... HB 916 Grain Dealers; licensing, breach of bond ............................. SB 158 Livestock; brucellosis control, health certificates ....................... HB 650 Pecan harvesting equipment; exempt from sales tax .................... HB 447 Soil Conservation Service, U.S.; urge study of budget cuts.............. SR 186 Warehouse Act; licensing, bond provisions ............................ SB 159 Wine; farm wineries, licensing, sales, quality control ................... HB 567 Wine; farm wineries, production, regulations.......................... HB 566

AIRPORTS (See Aviation)
ALBANY, CITY OF; Albany Dougherty Payroll Development Authority; continue in force ........................................ HB 588
ALBERT, SENATOR FRANK; Statement of protest, HB 452........... Page 1832

ALCOHOLIC BEVERAGES AND ALCOHOLISM

Age requirements; sales. ............................................ SB 13

Age to purchase; raise to 20, 1985, then 21, 1986 ................. HB 21

Billiard rooms, sales authorized if half of gross is food ................. SB 243

DeKalb County; tax for education, continue in force ................... HB 413

Drug abuse treatment and education programs; licensing ............... SB 219

DUI cases; bail delayed if faculties impaired ......................... SB 122

DUI; military personnel, attendance at driver improvement clinics ....... SB 18

Election day sales, municipalities; provisions .......................... HB 247

Election day sales, municipalities; provisions

................ SB 70

Happy hour; prohibit 2 for 1 sales, contests, awards ................... SB 258

Insurance; urge reduced rates to young, nondrinking drivers ............. SR 81

Licensing, contraband provisions; dealers, manufacturers................ HB 488

Mental Health; clinical records, confidentiality ..................... HB 793

Mentally III hearing officers, fees for services. .......................... HB 6

Mentally 111 involuntary treatment procedures .......................... SB 6

Mentally 111 patients, transfers to state-owned facility ................... HB 5

Mentally 111 repeat patients, hospitalization, treatment ............... SB 153

Mentally III state institutions, missing persons reports .................. SB 84

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INDEX

2899

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Sales by the drink; prohibit happy hour, 2 for 1 sales .................. SB 258 Sales to minors; counties notify Revenue Department .................. HB 558 Sales; underage persons, unlawful to purchase, penalties ................ HB 142 Sunday sales; certain municipalities, Decatur, referendum .............. HB 583 Tax; excise, distilled spirits, wine ................................... HB 463 Tax; excise, distilled spirits, wines produced out of state................ HB 564 Treatment programs; delay effective date of Code chapter ................ HB 8 Wine; farm wineries, licensing, sales, quality control ................... HB 567 Wine; farm wineries, production, regulations.......................... HB 566
ALIMONY Revision of judgment; time provisions......................... SB 211 Revision of judgment; time provisions................................ HB 907
ALLEN, LABAN PINK "PINKY", JR.; Condolences................... SR 266
ALLGOOD, SENATOR THOMAS F. Excused ....................................................... Page 1425 Statement of protest, HB 452 .................................... Page 1832
AMERICUS, CITY OF; Historical marker honoring Charles A. Lindbergh. . . HB 20
AMTRAK RAILROAD SYSTEM; Urge Congress to continue funding. ..... SR 173
AMUSEMENT RIDE SAFETY ACT; Enact; Labor Department, duties ... SB 102
ANDERSON, DAVID CLIFTON; Condolences ................. SR 208
ANIMALS Livestock; brucellosis control, health certificates ....................... HB 650 Tort actions; owner's liability for injuries caused .................... SB 16 Wild Animal Business; define, licensing requirements .................. HB 306
ANNEXATION Municipalities; change limitations, define residential property. ........... SB 229 Muncipalities; landowners petition, change Atlanta exemption ........... SB 150
ANTEBELLUM TRAIL Designate via Athens, Milledgeville and Macon ........................ HR 52 Designate via Athens, Milledgeville and Macon ........................ SR 31
ANTIQUE SLOT MACHINES; Possession provisions .............. HB 205
APPEALS AND ERROR Magistrate courts; appeal from default judgment ...................... SB 247 New Trial; judge give reason for granting ............................ HB 183 Superior Courts; time and procedures for trial ........................ SB 183
APPOINTMENTS BY GOVERNOR ...... Pages 355, 950, 1642, 1655, 1968, 2321 Education Committee report ..................................... Page 1642 Higher Education Committee report............................... Page 1643 Adams, E. Bruce ......................................... Pages 357, 1646
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2900

INDEX

APPOINTMENTS (Continued) Addington, Ron .......................................... Pages 360, 1649 Alfred, Dewitt Clinton .................................... Pages 358, 1647 Andersen, Elward......................................... Pages 361, 1651 Anderson, Kaye H. ....................................... Pages 360, 1650 Ashburg, Calvin E. ....................................... Pages 363, 1654 Austin, Mary Louise ...................................... Pages 360, 1650 Babush, Richard K. ....................................... Pages 361, 1651 Baranco, Juanita Powell .............................. Pages 357, 1642, 1646 Bauguess, Harvey R. ...................................... Pages 360, 1650 Beasley, Nancy R. ........................................ Pages 362, 1652 Billingsley, Linda ......................................... Pages 359, 1649 Bingham, Paula M. ....................................... Pages 360, 1650 Blake, J. Brooke, Jr. ...................................... Pages 362, 1652 Blossom, Bonnie M........................................ Pages 361, 1651 Bolden, Wiley S. ........................................ Pages 1968, 2323 Branyon, Donald L., Jr. ................................... Pages 359, 1648 Brawner, Madison Tucker ................................. Pages 361, 1652 Braziel, David Wesley, Jr. ................................. Pages 357, 1647 Brown, Dolan E., Jr. ............................ Pages 359, 1649 Bruce, Alta P. ........................................... Pages 363, 1653 Buis, Joyce M. ........................................... Pages 363, 1653 Busey, Thomas J., Jr. ......................... Pages 359, 1648 Callins, Mary ............................................ Pages 362, 1652 Carr, W. Pitts ........................................... Pages 359, 1648 Carrell, Bobby ...................................... Pages 357, 1642, 1646 Carter, Arthur ........................................... Pages 357, 1646 Carter, G. Robert ........................................ Pages 361, 1651 Chesser, Martha M. ...................................... Pages 358, 1648 Colley, Winnifred A. ...................................... Pages 361, 1651 Coogler, Carol E.......................................... Pages 361, 1652 Cooley, Charles L......................................... Pages 357, 1646 Copeland, Lanny R. ...................................... Pages 358, 1648 Craft, Cathryn O. ........................................ Pages 363, 1653 Crawford, Thomas J....................................... Pages 357, 1647 Crews, Barbara .......................................... Pages 359, 1648 Dana, John A. ........................................... Pages 360, 1650 Davis, Guy H. ........................................... Pages 362, 1652 Davis, W. Lamar ......................................... Pages 358, 1647 Day, Sherman R.......................................... Pages 362, 1652 Dean, Darrell L. ......................................... Pages 358, 1647 DeSantis, Peter A., Jr. ............................. Pages 356, 1645 Doane, Christine Bosonetto ................................ Pages 360, 1650 Dobbs, William L. ........................................ Pages 361, 1651 Dukes, John Ashley ....................................... Pages 361, 1651 Dyer, Carlos T., Jr. ....................................... Pages 361, 1651 Eason, Joseph Smith, Jr. .................................. Pages 360, 1650 Edwards, Patricia Carter .................................. Pages 359, 1649 Elam, Merrill ............................................ Pages 356, 1645 Ellison, Gregory C. ....................................... Pages 355, 1644 Eubanks, J. Leonard ...................................... Pages 359, 1649
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INDEX

2901

APPOINTMENTS (Continued) Evans, Rosemary K. ...................................... Pages 358, 1648 Ford, Susie C. ...................................... Pages 363, 1653, 1654 Foster, Larry A...................................... Pages 357, 1642, 1646 Fowler, John Edward ..................................... Pages 358, 1648 Frier, Thomas H..................................... Pages 950, 1643, 1655 Frost, June R. ........................................... Pages 361, 1651 Furlow, James W. ........................................ Pages 357, 1646 Gibson, Frank S. ......................................... Pages 361, 1651 Golden, Betty M. ......................................... Pages 359, 1649 Gordon, Charles L. ....................................... Pages 361, 1651 Grant, Barbara E. ........................................ Pages 360, 1650 Green, George F. ......................................... Pages 360, 1650 Griffis, Billy ............................................. Pages 356, 1644 Griffith, James R. ........................................ Pages 360, 1650 Hall, Wilhelmina ......................................... Pages 360, 1650 Hammett, H. Hilt, Jr...................................... Pages 359, 1649 Harper, Eugene .......................................... Pages 362, 1652 Harrell, Edward J......................................... Pages 358, 1647 Harris, Oscar L........................................... Pages 356, 1644 Hill, Mary Ellen ......................................... Pages 360, 1650 Hobbs, Joseph ........................................... Pages 358, 1647 Hodges, Percy............................................ Pages 360, 1650 Holden, J. William, Jr. .................................... Pages 356, 1645 Housely, Eugene ........................:................ Pages 362, 1652 Hudson, Charles D. ....................................... Pages 361, 1651 Humphrey, Jean W. ...................................... Pages 362, 1652 Hunley, Edna R. ......................................... Pages 359, 1648 Johnson, Robert Lee ...................................... Pages 361, 1651 Johnston, J. Lane......................................... Pages 950, 1655 Jones, Charlie Bonner ..................................... Pages 357, 1646 Jones, Ernest Joseph ....................................... Pages 358, 1647 Jones, H. Lyle ........................................... Pages 360, 1650 Jones, Jimmy ............................................ Pages 950, 1655 Jones, John R. ........................................... Pages 356, 1644 Klemmetsen, Alice ........................................ Pages 362, 1652 Knowles, Don ............................................ Pages 364, 1654 Kunian, Donald L......................................... Pages 358, 1647 Larson, Vernon D. ........................................ Pages 363, 1654 Lathem, Hollis Q. ................................... Pages 357, 1642, 1646 Lazenby, William R....................................... Pages 357, 1646 Levinsohn, William ....................................... Pages 360, 1650 Lewis, Terry W........................................... Pages 356, 1645 Lewis, William H. ........................................ Pages 363, 1653 Ligon, Walter M.......................................... Pages 363, 1654 Loftin, J. Michael ........................................ Pages 356, 1645 Long, Beverly C. ......................................... Pages 358, 1647 Long, Mary N............................................ Pages 356, 1645 Lucas, Marjorie E. ....................................... Pages 359, 1649 Marks, James H. ......................................... Pages 364, 1654 Martin, Edward B. ....................................... Pages 362, 1652
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2902

INDEX

APPOINTMENTS (Continued) May, Stephen C, Jr....................................... Pages 358, 1648 McDonald, William H. .................................... Pages 356, 1645 McKenzie, Joe H., Jr.............................. Pages 357, 1646 Mills, Johnny Carroll ...................................... Pages 363, 1653 Mitchell, Marshall L. ..................................... Pages 359, 1649 Moody, Bobby D. ........................................ Pages 362, 1653 Morgan, Tommy O........................................ Pages 362, 1653 Morley, Andrew Paul, Jr................................... Pages 358, 1648 Nash, Charles R. ......................................... Pages 362, 1652 Nix, Ronald R. .......................................... Pages 363, 1653 Norwood, Cathy .......................................... Pages 364, 1654 Okel, Benjamin B. ........................................ Pages 358, 1647 Oliver, Charlie A. ........................................ Pages 356, 1645 Parker, Ann McKee ...................................... Pages 359, 1648 Penn, Loraine ............................................ Pages 358, 1648 Pohland, Fred G. ......................................... Pages 364, 1654 Poole, Freeman N........................................ Pages 1968, 2323 Poole, Katie Smith. ....................................... Pages 363, 1653 Prickett, John S., Jr. ...................................... Pages 360, 1650 Reaves, W. Wayne ....................................... Pages 363, 1654 Reynolds, E. Stanley ...................................... Pages 362, 1652 Rhodes, Edgar L..................................... Pages 363, 1643, 1654 Robbins, JoAnn .......................................... Pages 363, 1654 Rochell, Jerry ............................................ Pages 362, 1652 Rogers, Francis Werner ................................... Pages 362, 1652 Ross, Kevin A. ........................................... Pages 363, 1654 Rosser, Paul C. .......................................... Pages 357, 1646 Roth, Jac E.............................................. Pages 363, 1653 Sampson, Carolyn W. ..................................... Pages 362, 1652 Sanders, C. Richard, Sr.................................... Pages 361, 1651 Sapp, Thomas E. ......................................... Pages 357, 1646 Shealy, Patricia B......................................... Pages 363, 1653 Sherman, Eloise B. ....................................... Pages 359, 1649 Smith, Paul E. ........................................... Pages 357, 1645 Smith, R. D............................................. Pages 364, 1654 Sowell, David S........................................... Pages 358, 1647 Stanford, Robert Van ..................................... Pages 356, 1645 Stephens, Linda C. ....................................... Pages 360, 1650 Stewart, Richard M. ...................................... Pages 356, 1644 Strain, Jane M. .......................................... Pages 360, 1650 Strickland, Winston ....................................... Pages 950, 1655 Suddeth, Paula F. ........................................ Pages 358, 1648 Sullivan, Phillip F......................................... Pages 364, 1654 Swaney, Hoyt L. ......................................... Pages 356, 1645 Swanson, Dean C. ........................................ Pages 356, 1645 Tabb, Judy N. ........................................... Pages 356, 1644 Talley, Lawrence W....................................... Pages 361, 1652 Taylor, Dandy ........................................... Pages 362, 1652 Taylor, John E., Sr..................................... Pages 356, 1645 Thomas, George W. ...................................... Pages 356, 1645
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INDEX

2903

APPOINTMENTS (Continued) Thompson, Robert Eugene ................................. Pages 359, 1648 Thornton, Franklin. ....................................... Pages 362, 1653 Tollison, Joseph Wade. .................................... Pages 358, 1648 Treadwell, Tandy Walter, Jr. ............................... Pages 358, 1647 Troxler, Robert W. ....................................... Pages 364, 1654 Vickers, Myrtle A. ........................................ Pages 360, 1649 Vigrass, Howard George ................................... Pages 358, 1647 Ward, Felker W., Jr. ............................... Pages 359, 1649 Watkins, Carolyn W. ..................................... Pages 363, 1654 Weeks, Rebecca J. ........................................ Pages 361, 1651 Weems, Orange .......................................... Pages 356, 1645 West, Edna K. ........................................... Pages 356, 1645 Westbury, James R. ...................................... Pages 360, 1649 White, Richard H. ........................................ Pages 358, 1647 Williamson, Coy C., Jr. ................................... Pages 362, 1653 Willis, David P. .......................................... Pages 357, 1647 Wills, Josie .............................................. Pages 362, 1652 Wilson, John F. .......................................... Pages 361, 1651 Wood, Thomas Edward, Jr. ................................ Pages 363, 1654 Yancey, Carolyn Dunbar ............................. Pages 363, 1643, 1654 Yang, Linda L.C. ........................................ Pages 358, 1647 York, C. Michael ......................................... Pages 362, 1653 Zylstra, Peter Dean ....................................... Pages 359, 1649
APPROPRIATIONS AND FISCAL AFFAIRS General appropriations; FY 1985-86 ................................. HB 226 General Assembly; control certain excess funds received ................. SR 42 Labor Department; funds credited to Unemployment Trust Fund ........ HB 265 Revenue Shortfall Reserve; funds for local water-sewer projects ..... SB 269 Supplemental appropriations; FY 1984-85 ............................ HB 4 Supplemental appropriations; FY 1984-85 .............................. HB 1 Supplemental; FY 84-85, amend HB 1, records processing and storage facility ................................................. HB 475 Supplementary bills prohibited except in emergency ................... SR 123 War Veterans Home; urge Governor add funds for new wing ........... SR 158
ARCHEOLOGY; Underwater and land site; differentiation, requirements. HB 277
ARKANSAS; Include in regional, interstate banking provisions ............ HB 724
ARTS Landmark museum building; fire safety provisions ..................... HB 368 Mitchell, Margaret; anniversary of GONE WITH THE WIND .......... HR 75 Programs for handicapped; appreciation to Special Audiences, Inc. ........ SR 1 1 Youth Art Month in Georgia; relative to ............................. SR 203
ASHBURN, CITY OF; Tax levy for industrial development; continue in force ................................................. HB 621
ASIVO, PHOEBE; Member of Parliament of Kenya; introduction ....... Page 601
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2904

INDEX

ASSAULT AND BATTERY; Correctional officers attacked; definitions, penalties................................................ SB 26
ATHENS, CITY OF Industrial Development Authority; continue in force ................... HB 562 School system merged with Clarke County; continue in force ........... HB 670
ATHLETICS Olympic Summer Games, 1984; commend Georgia participants ......... HR 261 Trainers; licensing, qualifications .................................... HB 643
ATLANTA, CITY OF Annexation; landowners petition, change exemption provision ............ SB 150 Atlanta Charter Review Study Committee; create ..................... HR 122 Atlanta-Fulton County Recreation Authority; zoos, golf courses ......... HB 825 Fulton County State Court; revise fees............................... HB 469 Library services; ad valorem tax, district in DeKalb County ............ HB 915 Parks; tax levy funds may be used for zoo ........................... HB 634 Redevelopment powers ............................................ HB 957 Taxes; payment checks payable to office, exemption.................... SB 273 Urban Residential Finance Authority; housing loans, bonds ............. HB 640
ATLAS OF GEORGIA: UGA version; designated official State Atlas ........ HR 18
ATTORNEY GENERAL Legal representation; Labor Department .............................. SB 12 Salary provisions ................................................. HB 270
ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings) Family violence victims; staff assisting with court forms not law practice . HB 614 Fees; divorce, alimony cases, contempt of court orders .................. HB 11 Magistrate judges; training, members of state bar exempt .............. HB 653 Magistrates; restrictions on practice of law ........................... HB 651
AUDIOLOGY; Examining Board; recreate. ............................ HB 112
AUDITS Consumer's Utility Counsel; reports, legislative review................... HB 89 Department; annual personnel report, copies to General Assembly ....... HB 783 Local governments; change certain requirements ...................... SB 228 Merit System; change certain requirements ........................... HB 491 State Auditor; salary provisions ..................................... HB 270
AUGUSTA, CITY OF; City Council; membership, terms, election and quorum .............................................. HB 821
AUSTELL, CITY OF; Corporate limits, change ...................... HB 913
AUTHORITIES Agricultural Exposition Authority; create. ............................ HB 271 Development Authority, Georgia; bonds, local water-sewer projects....... SB 269 Georgia Building Authority; contracts, parking at World Congress Center ..................................... HB 587
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INDEX

2905

AUTHORITIES (Continued) Georgia Building Authority; operate railroad excursions ................ HB 471 Georgia Building Authority; police, security provisions ................. SB 155 Georgia Rail Passenger Authority; create ............................ HB 172 Industrial development bonds; state plan allocating to local units ......... HB 95 Redevelopment Power Law; enact ................................... HB 430 Residential Finance Authority; bond limits ........................... HB 502 Residential Finance Authority; credit unions, lending institutions ........ HB 372 Urban Residential Finance, Atlanta; powers, housing loans, bonds ....... HB 640
AUTO REPAIR INDUSTRY STUDY COMMITTEE; Create............. SR 171
AVIATION Airports; municipal annexation, landowners petition, exempt Atlanta ..... SB 150 Common carriers; sales tax exemption, certain cases ................... HB 590 Muncipalities; airport land, tax exemption, certain cases................ HB 632

B

BACH AROUND THE CLOCK DAY; Honor Johann Sebastian Bach .... SR 185
BACON COUNTY Education Board; chairman and members, compensation................ HB 868 Education Board; nonpartisan election of members .................... HB 881 State Court; abolish. .......................................... HB 115 Waycross Judicial Circuit; judges' salary supplement. .................. HB 486
BACONTON, CITY OF; Governing authority; composition. .............. HB 678
BAD CHECKS Notice; no account in existence ..................................... SB 118 Notice; no account in existence .................................... SB 266
BAHAI RELIGIOUS FAITH; Condemn Iranian persecution ............ .HR 281
BAIL (Also See Bonds) Criminal Procedure; appearance bond, forfeiture exceptions ............ HB 602 Drug trafficking cases; bailable only by superior court judge ............. SB 86 DUI cases; delayed if faculties impaired ............................. SB 122 Magistrate courts; cash bonds for ordinance violations ................. SB 123 Superior Court; may delegate bail powers to magistrate court ............ SB 86
BAINBRIDGE, CITY OF Aldermen; change number ......................................... HB 842 Decatur County-Bainbridge Development Authority; continue in force .... HB 701 Downtown Development Authority; continue in force................... HB 702
BALDWIN COUNTY Commissioners; compensated by State for airport damages. .............. HR 51 Homestead exemption; school taxes.................................. SB 116 Probate Court; judge, compensation .................................. SB 40
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2906

INDEX

BALDWIN COUNTY (Continued) Property conveyance; to General Telephone Company (GTE) ............. SR 9 Property conveyance; to Grumman Aerospace Corporation ................ SR 4 State Court; terms, salary of solicitor and judge ...................... SB 178 Superior Court; clerk, compensation .................................. SB 39 Tax Commissioner; compensation .................................... SB 41
BALLOU, L. DENNIS; Commend, MARTA chief engineer ............. HR 259
BANKING AND FINANCE African Development Bank; insurers invest in securities ................. HB 82 African Development Bank; insurers invest in securities ................ SB 144 Automatic teller machines; definitions, regulations ..................... SB 138 Bad checks; notice, no account in existence ........................... SB 118 Bad checks; notice, no account in existence ........................... SB 266 Bank holding companies; acquisition provisions, definitions .............. SB 136 Bank holding companies; merger of subsidiaries ....................... SB 216 Banking business; regulations, definitions, penalties .................... SB 137 Branch banks; authorize in metropolitan statistical areas ................ SB 65 Branch banks; out-of-state banks, representative offices ................. SB 136 Checks; business of selling, automatic tellers, regulations .............. SB 138 Commercial Code; redefine bank .................................... HB 375 Commercial Code; secured transactions, statements required ............ HB 712 Commissioner; salary provisions ..................................... HB 270 Corporations; shareholders, rights and procedures. ..................... HB 174 Credit Unions; provisions on shares and minors ....................... HB 374 Credit Unions; Residential Finance Authority lenders .................. HB 372 Farm Foreclosures; urge moratorium by lenders ....................... HR 183 Financial institutions; regulations, penalties, definitions ................. SB 137 Financial institutions; subpoenas, court orders, time to respond .......... HB 173 Financial institutions; taxation provisions, rates. ....................... HB 649 Gift to Minors Act; redefine bank....................... HB 373 Industrial Loan Act; colleges and universities exempt .................. HB 437 Insurance premium financing ............ ......................... SB 257 Interstate regional banking; include Arkansas ......................... HB 724 Intestate decedents; procedure, deposits, redeeming checks ............... HB 61 Investment Trusts; fiduciaries' authority.............................. SB 112 Lease-purchase agreements ......................................... HB 378 Local government bonds; investment of proceeds ...................... SB 262 Metropolitan statistical area; definitions, branch banks .................. SB 65 Motor Vehicle, Mobile Home Sales Finance Act; charges .............. HB 452 Residential Housing Authority; definitions, bond limit increased ......... HB 502 Retail Installment Sales Act; colleges exempt ......................... HB 438 Unclaimed property, assets; disposition procedure, time periods ......... SB 140 Urban Residential Finance Authority, Atlanta; loans, bonds ............ HB 640
BANKS COUNTY Commissioners; compensation ...................................... HB 1061 Tax Commissioner; change compensation ............................ HB 1044
BARBERS Employment in beauty shops ....................................... SB 154
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INDEX

2907

BARBERS (Continued) Licensing requirements ............................................ HB 679 Nursing homes; barbershop on premises, license not required............ SB 139
BARKER, JENNY; Commend ........................................ SR 78
BARNES, SENATOR ROY; Statement of protest, HB 452 ............. Page 1832
BARRY, MICHAEL; Commend ................................. SR 69
BARTOW COUNTY Commissioner; change compensation ................................. HB 535 Magistrate Court; chief, compensation ............................... HB 537 Property conveyance; to City of Kingston .......................... SR 41 Sheriff, Superior Court Clerk, Probate Court Judge; compensation ....... HB 533 Tax Commissioner; change compensation ............................. HB 536
BAXLEY, CITY OF; City Council; composition and election .............. HB 943
BEER (See Alcoholic Beverages and Alcoholism) ..............................
BELOW COST SALES ACT; Enact; gasoline wholesale pricing ........... SB 108
BENTLEY, CAMILLE; Recognize, Miss Georgia 1984................. SR 209
BERRIEN COUNTY Airport Authority; establish ........................................ HB 482 Magistrate Court; selection of chief ................................. HB 392 Property conveyance; release reverters, allow sale of property ........... HR 219
BIBB COUNTY Macon-Bibb Consolidated Government; provide ....................... HB 734 Macon-Bibb Industrial Authority; additional member .................. HB 553 Macon-Bibb Water and Sewerage Authority; projects ................. HB 1072 Macon-Bibb Water and Sewerage Authority; retirement plan .......... HB 1068
BIDS (Also See Contracts) State, local contracts; prohibited after trade restraint conviction ......... HB 940
BILLIARD ROOMS; Alcoholic beverage; authorized if half of gross is food sales ................................................ SB 243
BLACK AMERICAN AFFAIRS, SOUTHERN REGIONAL COUNCIL; Recognize ....................................................... SR 111
BLAIRSVILLE, CITY OF; City Council; meeting time, transfer of executions ............................................. HB 844
BLECKLEY COUNTY; Commissioners Board; create .................... HB 971
BLIND PERSONS Insurance; discrimination in coverage unlawful ........................ SB 204 Vending facilities; operated on state property ......................... SB 106
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2908

INDEX

BLOOD TESTS; Child support cases; paternity ......................... HB 907

BLOOMINGDALE, CITY OF; Vice mayor; election

SB 254

BLUE RIDGE JUDICIAL CIRCUIT; Forsyth County; change terms

HB 37

BOATS; Motor vehicle towing trailer; safety chain required. ............... HB 70

BOILER AND PRESSURE VESSEL SAFETY; Labor Department; powers, inspections, exemptions ...................................... SB 14

BOLL WEEVIL ERADICATION ACT; Agriculture Department; powers and duties ................................................ SB 256

BONDS Agricultural grain dealers; breach of bond procedures .................. SB 158 Appearance; criminal cases, forfeiture exceptions ...................... HB 602 Civil practice; next friend for minor or incompetent ................... SB 234 Insurance; surplus line brokers....................................... HB 56 Magistrate courts; cash bonds for ordinance violations ................. SB 123 Performance; magistrates ........................................... SB 88 Revenue; Georgia Rail Passenger Authority, power to issue ............. HB 172 Revenue; issuance, Georgia Development Authority, local governments . SB 269 Revenue; issued to finance local public facilities ........................ SR 92 Revenue; local governments, investment of proceeds. ................... SB 262 Revenue; Residential Finance Authority; bond limit increased ........... HB 502 Revenue; State plan allocating issuance among local governments ......... HB 95 Surface mining .................................................... HB 25 Tax allocation; local redevelopment powers ........................... HB 430 Warehousemen, agricultural; breach of bond provisions................. SB 159

BONEY, ROBERT S., WARDEN; Commend ...... SR 136

BOUNDARIES; Geographic coordinate system; change provisions.......... SB 220

BOWDEN, CITY OF; Homestead exemption; continue in force. ........... HB 871

BOWEN, LINKA; Commend

............................. SR 75

BOXING AND WRESTLING COMMISSION, STATE; Regulate profession HB 39

BOYD, SERGEANT JERRY; Commend .................. SR 144

BRANNON, SENATOR MAX; Excused ...................... Pages 2048, 2784

BRANTLEY COUNTY

Commissioners; compensation ....................................... HB 882

Officials; change compensation ..................................... HB 1020

Property conveyance; to commission for county recreation area

.... SR 168

Waycross Judicial Circuit; judges' salary supplement................... HB 486

BRANTLEY, SENATOR HASKEW; Excused

Pages 713, 748

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INDEX

2909

BREMEN BUSINESS AND PROFESSIONAL WOMEN'S CLUB; Commend ....................................................... SR 270
BREMEN LIONS CLUB; Commend ................... SR 264
BREMEN ROTARY CLUB; Commend .......... SR 260
BRIDGES (See Highways, Bridges and Ferries)
BROOKS COUNTY Commissioners; compensation ....................................... HB 297 Coroner; compensation ............................................ HB 298 Coroner; repeal Act relating to compensation ......................... HB 299
BROWN, DR. CLAUD L.; Recognize ................................. SR 56
BROWN, DR. HARRY L.; Condolences .............................. SR 161
BRUMBY, OTIS A., JR.; Elected to State Transportation Board ......... Page 229
BRUNSWICK, CITY OF Brunswick-Glynn County Charter Commission; extend ................. HB 420 Glynn County Consolidation Study Commission; continue in force ....... HB 419
BRYAN COUNTY Business license; firms in unincorporated areas ........................ SB 255 Business license; firms in unincorporated areas ........................ HB 931
BRYAN, MORRIS M.; Commend and condolences ...................... SR 86
BUCHANAN LIONS CLUB; Commend .............................. SR 268
BUCHANAN WOMAN'S CLUB; Commend .......................... SR 271
BUDGET (See Appropriations and Fiscal Affairs)
BUILDING AUTHORITY, GEORGIA Contracts; powers, parking facility at World Congress Center ........... HB 587 Police; security provisions .......................................... SB 155 Railroad excursions; operate ........................................ HB 471
BUILDINGS AND HOUSING (Also See Housing) Elevators, Escalators; registration, inspections .......................... SB 15 Handicapped accessibility standards; requirements ...................... SB 20 Handicapped accessibility to public facilities ..................... HB 506 Landmark Museum Building; fire safety provisions .................... HB 368
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2910

INDEX

BUILDINGS AND HOUSING (Continued) Residential Finance Authority; credit unions approved lenders ........... HB 372 Residential Finance Authority; definitions, bond limits ................. HB 502

BUNCH, FRANK T.; Commend ..................................... SR 248

BURKE COUNTY; Education Board; election districts ................. HB 1028

BURNS, DAVID M.; Compensate ..................................... HR 99

BURNS, SHEILA J. AND KENNETH A.; Compensate

HR 197

BUSINESS OPPORTUNITY; Regulate sales

HB 371

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUTTS COUNTY Commissioners; provide for five members........................... HB 948 Magistrate Court; appointment of magistrates ........................ HB 532 Magistrate Court; collections for law library fees ...................... HB 988

BYROMVILLE, TOWN OF; New charter

SB 284

c

CABBAGE PATCH DOLLS; Commend creator; Xavier Roberts

SR 212

CAIRO, CITY OF Development Authority; continue in force ............................ HB 508 Recorder's Court; change to municipal court.......................... HB 905

CALHOUN COUNTY; Commissioners; chairman, compensation ........ . . SB 179

CALHOUN-GORDON COUNTY BEAUTIFICATION COMMITTEE; Commend ....................................................... SR 48

CAMDEN COUNTY; Property conveyance; exchange land with U.S. Navy, Kings Bay ........................................................ SR 27

CAMILLA, CITY OF; Downtown Development Authority; continue in force ................................................. HB 989

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Elections) Candidates; state-wide, legislative, reports ........................... SB 31 Commission; director's salary set by law ............................. HB 585 Contributions; investigations, illegal use of state employees. ............. SB 261

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INDEX

2911

CANCER ADVISORY COMMITTEE; Membership provisions ............. HB 13

CANCER, BREAST; Physicians distribute information booklet to patients. HB 615

CANDIDATES (See Elections)

CANDLER COUNTY Commissioners; increase membership ............................... HB 1031 Magistrate Court; chief, magistrates, commissioner appoints .......... HB 902 School taxes; governing authority retain collection costs ................ HB 901 State Court; revise powers, duties and jurisdiction ..................... HB 900

CARDIOPULMONARY RESUSCITATION, CPR; Urge school programs ............................................. SR 160

CARROLL COUNTY Education Board; election of members ............................... HB 964 Government Authority Study Commission; create. ..................... HR 312 State Court; judge and solicitor, salary .............................. HB 791

CARROLLTON, CITY OF Councilmen; election .............................................. HB 278 Education Board; election of members ............................... HB 628 Payroll Development Authority; continue in force ..................... HB 760

CARTER, FRANK L.; Commend, service to textile industry ............. SR 148

CARTER, JIMMY PARKWAY; Designate Corridor Z Highway in honor. . . . HR 55

CATOOSA COUNTY Coroner, compensation ........................................... HB 1094 Development Authority; membership selection. ....................... HB 1037 Probate Court; judge, clerical help allowance ......................... HB 977

CAVE PROTECTION; Entry without permission; punished as misdemeanor .................................................. SB 210

CENTERVILLE, CITY OF; Mayor and Council; qualifications ....... HB 890

CHAIN LETTERS; Defined as lottery; criminal penalties.................. SB 62

CHAMBLEE, CITY OF; Mayor, Council; terms of office ............... HB 44

CHANCELLOR, CHARLOTTE; Compensate

HR 113

CHAPLAINS OF THE DAY Autry, John .................................................... Page 625 Bargeron, John R. .............................................. Page 1968 Bowen, I. W. ................................................... Page 743 Brown, Steve.................................................... Page 228 Byerly, Thomas M. .............................................. Page 852 Corley, W. C................................................... Page 2307 Deal, Senator Nathan ........................................... Page 1424 Ferguson, Franklin C. ........................................... Page 1617 Forrester, Rick A. .............................................. Page 2537

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2912

INDEX

CHAPLAINS OF THE DAY (Continued) Guido, Michael A................................................ Page 410 Hancock, C. W. ................................................ Page 1201 Haynes, Bill .................................................... Page 553 Holt, James...................................................... Page 95 Howell, James D., Jr. ............................................ Page 590 Huyck, Albert ................................................. Page 1135 Johnson, Bob .................................................. Page 1021 Johnson, H. B. ................................................. Page 2163 Lockerman, Allan ................................................ Page 13 Marshburn, Robert ............................................. Page 1713 Middleton, Riley K., Jr. ......................................... Page 1802 Miller, R. Kirk ................................................... Page 77 Myers, Albert A., Jr. .................................... Page 951 Price, Christopher .............................................. Page 2048 Reese, Albert .................................................. Page 1363 Skillrud, Harold ................................................. Page 681 Stephens, Wiley ................................................. Page 193 Swilley, Wallace, Jr. ............................................. Page 364 Todd, William .................................................. Page 111 Wall, Max ..................................................... Page 905 Waters, Jimmy ................................................... Page 58 Watson, Gil ..................................................... Page 48 Watson, R. C. ................................................. Page 1474 Whiddon, L. R. ................................................ Page 1102 Withers, Harold ................ ............................... Page 1275
CHARLTON COUNTY; Waycross Judicial Circuit; judges' salary supplement ................................................ HB 486
CHATHAM COUNTY Hospital Authority; members, limit terms of office.................... HB 1008 Magistrate Court; municipal judge emeritus, service ................... SB 246 Property Conveyance; to Rita N. Shinall ............................. HR 275 Recorder's Court; judges, compensation .............................. HB 967 Recorder's Court; jurisdiction, continue in force ....................... HB 626 Recorder's Court; powers, continue in effect .......................... HB 627 Sheriff and Superior Court Clerk; compensation....................... HB 799 State Court; advance deposits, repeal Act providing. ................... HB 737 State Court; costs and fees .................................... HB 997
CHATSWORTH, CITY OF; Mayor and aldermen; election date. ...... HB 697
CHATTANOOGA, TENNESSEE; Property conveyance; railway leases ..... HR 111
CHATTOOGA COUNTY Education Board; compensation of members ......................... HB 1000 State Court; judge, solicitor, compensation ........................... HB 998 Trion schools; sales tax levy, continue in force ........................ HB 999
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INDEX

2913

CHEROKEE COUNTY Business license fees; firms in unincorporated area ..................... HB 616 State Court; change terms ......................................... HB 563
CHEROKEE JUDICIAL CIRCUIT District Attorney; investigator, compensation.......................... HB 637 Judges; salary supplement.......................................... HB 635
CHILD ABUSE (Also See Minors) Ambulatory surgical centers; certain patient injuries, reports ............ HB 250 Court cases; urge Supreme Court set rules to coordinate ............... SR 189 Sexual abuse; urge protection of victims, coordinate resources ........... SR 199
CHILD CARE CENTERS (Also See Day Care Centers) Centers for state employees; committee to study. ...................... SR 116 Fire safety regulations............................................. HB 369 Licensing; criminal record check of employees ........................ HB 461 Licensing; criminal record check, employees .......................... HB 462
CHILD SUPPORT (Also See Minors or Domestic Relations) Alimony; revision of judgment, time provisions ........................ SB 211 Enforcement; garnishment, insurance, foster care, tax setoffs ............ SB 241 Paternity court cases; blood tests.................................... HB 907 Recovery Act; federal requirements ................................. HB 155
CHILDREN (Also See Minors) Children's Week in Georgia; commend sponsors ....................... SR 250 Youth, Families Coordinating Council; urge Governor create ............. SR 95
CHILDS, STEVEN; Commend. ................................... SR 58
CHIROPRACTORS Relative to the profession ......................................... SR 261 Scope of practice ................................................. HB 156
CHISHOLM, SH1RLEY; Commend ................................... SR 21
CITIES (See Municipalities or Local Government)
CIVIL DEFENSE (See Emergency Management)
CIVIL PRACTICE (Also See Courts) Actions; written notice to all parties ................................. SB 100 Court costs; indigent without attorney, action reviewed before filing ....... HB 91 Dismissal of case; limitation on renewal............................... SB 17 Dismissal; voluntary ............................................... HB 630 Foreign Judgments; uniform enforcement............................. SB 164 Judgment by default; provisions..................................... SB 101 Legal advertisements; publishing rates ............................ SB 78 Magistrate Court; discovery ........................................ SB 87 Medical malpractice; limits on actions, foreign object left. .............. SB 170
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2914

INDEX

CIVIL PRACTICE (Continued) New Trial; judge explain reason for granting ......................... HB 183 Next friend representing infant, incompetent, bond requirements......... SB 234 Penal inmates; filing action against government, forms .................. HB 92 Tax Executions; lost original, procedure, combining of actions ............ HB 64 Time periods; computations relating to actions or orders................ SB 169 Trials; order changed if elderly person is party. ....................... SB 173 Trials; postponement, State Education Board member party in case ...... HB 584

CLAIMS ADVISORY BOARD; clarify agencies covered ....... HB 257

CLARKE CENTRAL HIGH GLADIATOR FOOTBALL TEAM; Commend ........................................................ SR 84

CLARKE COUNTY Commissioners; compensation ....................................... HB 880 Industrial Development Authority; continue in force ................... HB 562 School system merged with Athens; continue in force .................. HB 670

CLARKESVILLE LIONS CLUB 50TH ANNIVERSARY; Commend

SR 202

CLARKESVILLE, CITY OF Elections; change date for certain offices ............................ HB 1076 Homestead exemption; continue in force ............................. HB 803 Industrial Building Authority; continue in force ....................... HB 805 Revenue bonds for elderly housing; continue in force................... HB 804

CLAYTON COUNTY Civil Service Board; members, compensation ......................... HB 1017 Commissioners; compensation ...................................... HB 1010 Coroner; compensation ........................................... HB 1018 District Attorney; salary supplement................................ HB 1014 Juvenile Court; judge, compensation ................................ HB 1064 Magistrate Court; magistrates post surety bond ...................... HB 1063 Probate Court; judge, compensation ................................ HB 1015 Sheriff and Superior Court Clerk; compensation...................... HB 1016 State Court; deposits for advance costs ............................. HB 1065 State Court; judges, compensation.................................. HB 1013 State Court; Solicitor, compensation ................................ HB 1011 Superior Court; judges, salary supplement........................... HB 1012 Tax Commissioner; compensation .................................. HB 1019

CLAYTON JUDICIAL CIRCUIT Court reporters; compensation ..................................... HB 1062 District Attorney; county salary supplement ......................... HB 1014 Judges; county, salary supplement.................................. HB 1012

CLINCH COUNTY Commissioners; compensation....................................... HB 740 Commissioners; compensation ....................................... HB 739 Commissioners; election districts .................................... HB 742 Education Board; election district ................................... HB 741

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INDEX

2915

CLINCH COUNTY (Continued) Education Board; reapportionment .................................. HB 970 State Court; judge, solicitor, salary .................................. HB 744 Tax Commissioner; salary.......................................... HB 743

COASTAL MARSHLAND PROTECTION COMMISSION; Natural Resources Commissioner ................................... HB 160

COBB COUNTY Annexation, Marietta; legislative delegation study policy. ................ SB 23 Commissioners; compensation ....................................... SB 274 Community improvement districts; create ............................ SB 237 Community School Program; commend .............................. SR 217 Education Board; members, compensation ............................ SB 230 Election Board; create ............................................ HB 623 Probate Court; judge and clerk, compensation ........................ SB 276 Sheriff; chief deputy, investigator, compensation ....................... SB 226 State Court; clerk, change amount of bond required ................... HB 941 State Court; clerk, solicitor, compensation provisions .................. HB 1051 State Court; judges, compensation................................... HB 965 Tax Commissioner; compensation ................................... SB 275

COBB JUDICIAL CIRCUIT Investigators; appointment and compensation ......................... HB 837 Judges; payment of retirement expenses .............................. SB 285

COBB, SENATOR KYLE; Excused

Page 78

COCAINE TRAFFICKING; GBI Task Force; penalties

SB 147

CODE OF GEORGIA Code Revision Commission; powers and duties ........................ HB 162 Code Revision Commission; reestablish .............................. HB 161 Elections, Title 21; revisions, corrections ............................. HB 163 Laws; general law increasing salary of county officers, effective date ..... HB 625 Offender Rehabilitation; name changed to Corrections .................. HB 22 Retirement, Title 47; revisions, corrections ........................... HB 164 Revisions, correction of errors and omissions ........................... HB 93 Time; computation relating to laws and statutes....................... SB 169

CODE REVISION COMMISSION Powers and duties ................................................ HB 162 Reestablish ...................................................... HB 161

COFFEE COUNTY; Waycross Judicial Circuit; judges' salary supplement . . HB 486

COILE, LAUREN M.; Recognize ..................................... SR 53

COLE, MARVIN M.; Recognize .................................... SR 153

COLEMAN, SENATOR TOM; Excused ....... Pages 554, 592, 625, 681, 748, 855, 906, 953, 1021, 1102, 1135, 1201, 1275, 1364, 1424, 1474

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2916

INDEX

COLLEGE PARK, CITY OF Ad valorem taxation; modify certain provisions. ...................... HB 1052 Homestead exemption; increase .................................... HB 1053
COLLEGES AND UNIVERSITIES (Also See University System or Education) Exemption, Retail Installment Sales Act ............................. HB 438 Industrial Loan Act; exemptions from provisions ...................... HB 437 Osteopathic medicine; student loans ................................. SB 185 Proprietary schools; use of word "college" prohibited .................. HB 709 Student tuition grants; private colleges ............................... HB 794
COLLIER, MOZELLA GAITHER; Condolences ........................ SR 23

COLQUITT COUNTY Business license fees; continue in force............................... HB 982 Commissioners; election of members ................................. HB 983 Education Board; continue in force ................................... HB 855
Moultrie-Colquitt Development Authority; continue in force. ............ HB 854 State Court; judge and solicitor, salary .............................. HB 817

COLQUITT, KYLE; Commend ....................................... SR 61 COLUMBIA COUNTY; Commissioners; compensation .................. HB 1038

COLUMBUS, CITY OF Airport Commission; continue in force ............................... HB 514 Building Authority; continue in force ................................ HB 515 Charter Review Commission; continue in force........................ HB 529 City Council; rename members as councilors ......................... HB 519 Columbus-Muscogee County consolidation; continue in force ............ HB 518 Municipal Court; judge, compensation ............................... HB 807 Municipal Court; jurisdiction, costs, transfers ......................... HB 530 Muscogee County school merger; continue in force .................... HB 510 Port Development Commission; continue in force ...................... HB 516 Property in transit; tax exemption, continue in force ................... HB 528 Street improvement bonds; continue in force ......................... HB 520
COMMERCE AND TRADE (Also See Professions and Businesses) Business opportunity; purchaser's rights, seller unregistered ............. HB 371 Fair business practices; private actions, copies required ................. SB 130 Gasoline marketing practices; Below Cost Sales Act ................... SB 108 Health Spas; definitions, regulations, bonds ........................... HB 370 Installment Sales Act; colleges and students exempt ................... HB 438 Lease-purchase agreements; regulations .............................. HB 378 Motor vehicle odometer violations; definitions, penalties ................ HB 448 Motor vehicle sales; finance charges, class action suits ................. HB 452 Warehouse Act; change licensing, bond provisions ..................... SB 159
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INDEX

2917

COMMERCIAL CODE Bank; redefine.................................................... HB 375 Liens; mechanics', materialmen's, priorities, farm equipment ............ HB 239 Secured transactions; certain statements, requirements ................. HB 712

COMMISSIONS, BOARDS

Agricultural Exposition Authority Overview Committee ................ HB 254

Agricultural Exposition Authority ................................... HB 271

Amusement Ride Safety Act; create Advisory Board................... SB 102

Boxing and Wrestling Commission, State; powers ...................... HB 39

Campaign, Financial Disclosure Commission; investigations ............. SB 261

Cancer Advisory Committee; membership provisions ................. HB 13

Code Revision Commission; powers and duties ........................ HB 162

Code Revision Commission; recreate................................. HB 161

Coroner's Training Council; create .................................. HB 256

Cosmetology Board; meeting times .................................. SB 154

Criminal Justice Coordinating Council; membership ................... HB 629

DeKalb County Land Use Study Commission; create .................. HR 232

Elections Board, State; membership, per diem ......................... SB 72

Elevators, Escalators; advisory committee ............................. SB 15

Firelighter Training and Standards Council; membership, powers ........ HB 885

Governmental Liability Commission; create ........................... HR 171

Hazardous Materials Emergency Response Advisory Council............. HR 27

Insurers Solvency Board; membership, compensation ................... HB 695

Juvenile Justice Commission; create ................................. SB 203

Juvenile Justice Equalization Task Force; duties ...................... SB 222

Kidney Disease Advisory Committee; membership ..................... HB 645

Local Constitutional Amendments Overview Committee

.......... HR 170

Magistrate Court Judges Council; president on training Council ......... SB 156

Natural Resources Commissioner; delegation of duties ................. HB 160

Polygraph Examiners Board, State; create ............................. SB 19

Rail Passenger Authority; create, Rapid Rail Transit Compact ......... HB 172

Real Estate Commission; amend Code ............................... HB 314

Sheriffs Retirement Fund; DOAS fiscal officer, member

......... HB 165

Speech-Language Pathology and Audiology; examining board ........... HB 112

State Employee Benefit Plan Council; create.......................... SB 113

Stone Mountain Memorial Association; Lt. Governor not a member...... SB 205

Superior Court Judges Council; create ................................ SB 95

Transportation Board; Otis A. Brumby and James L. Conner

elected .................................................. Pages 229, 230

Wastewater Treatment Operators Board; termination date ............... SB 59

Water Well Standards Advisory Council; powers ....................... HB 32

COMMITTEES, SENATE STANDING; Appointed ...................... Page 16

COMMITTEES, STUDY (Also See Commissions, Boards) Atlanta Charter Review Study Committee, joint ...................... HR 122 Auto Repair Industry Study Committee. ............................. SR 171 Carroll County Government Authority Study Commission, joint ......... HR 312 Child Care Facilities for State Employees ............................ SR 116
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2918

INDEX

COMMITTEES, STUDY (Continued) Corridor Z, Columbus to Brunswick, Highway Name, joint ............. SR 118 Crime Victim Recovery Fund ..................................... SR 272 Drug Classification Study Committee; nonprescription drugs ............ SR 165 Emergency Medical Services Study Committee ....................... SR 175 Family and Children Services, district directors ........................ SR 254 Insurance Committee; nurses, third party reimbursement ............... SR 164 Lanier, Sidney; marble bust placed in State Capitol, joint ............ SR 44 Law Enforcement Officer Salary Incentive. ........................... SR 201 Local Constitutional Amendments Overview Committee, joint ........... HR 170 Long Distance Telecommunications. ................................. SR 193 Mental Health Facilities Staffing. ................................. SR 7 Mental Health Facilities Staffing; joint .............................. SR 8 Merit System Study Committee ................................... SR 181 Motor Vehicle Inspection ..................................... SR 120 Music Industry Study Committee ................................ SR 38 Peace Officers' Annuity and Benefit Fund ............................ SR 174 Private Long-term Care Insurance .................................. SR 128 Public Utility Rate-Making Process, joint ........................ SR 94 Rail Line Abandonments Study Committee........................... SR 150 Railroad, L&N Atlanta to Chattanooga Lease Study Committee ........ SR 151 Rehabilitation Technology Center; ways to aid handicapped. ............ SR 126 Retirement Systems Consolidation Study Committee, joint............... SR 82 Small Businesses in Georgia, joint. ................................... SR 17 Superior Court Judgeships; reapportion circuits, joint .................. HR 106 Tandem Trailer Access to Public Roads, joint ......................... HR 74 Teenage and Youth Unemployment Study Committee, House ............ HR 11 Transportation Committee; study reconstruction of public roads ......... SR 253 University System Laboratory, Equipment, Scholars Endowment.......... SR 79 Urban County and Municipal Study Committee, joint .................. HR 15 Urban County and Municipal Study Committee, joint .................. SR 29 Women's Correctional Institution ................................... SR 132
COMMUNICATIONS FROM SECRETARY OF STATE .................................. Pages 13, 126, 555, 564, 1147
COMMUNITY AFFAIRS DEPARTMENT Administer state plan allocating revenue bonds to local governments ...... HB 95 Commissioner; salary set by law .................................... HB 585 Payments to State Development Authority, local governments ........... SB 269
COMMUNITY CARE SERVICES; Elderly, agencies authorized to serve ... SB 233
COMMUNITY SERVICE; Municipal courts; impose as sentence for violations ..................................................... HB 474
COMPENSATION RESOLUTIONS Baldwin County; compensate for damage to airport..................... HR 51 Burns, David M.; compensate ....................................... HR 99 Burns, Sheila J. and Kenneth A.; compensate......................... HR 197 Chancellor, Charlotte; compensate .................................. HR 113 Hamby, Christine Carol; compensate ................................ HR 224
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INDEX

2919

COMPENSATION RESOLUTIONS (Continued) Hammonds, Eddie, Jr.; compensate................................... HR 22 Keen, Floyd; compensate .......................................... HR 119
CONE, CAPTAIN WILLIAM; Designate bridge over Ogeechee, Bulloch County in honor........................................... HR 236
CONE, JIM; Commend ............................................. SR 242
CONFLICTS OF INTEREST Regents Board employees; board, foundation membership................ HB 31 State employees; hold local elective or party office ....................... SB 9
CONGRESS, U.S. Candidates; delete affidavit requirements .............................. SB 69 Candidates; not required to be registered voter ......................... SR 39 District of Columbia; ratify constitutional amendment. ................. SR 184 Prisoners of war, missing in action; support release efforts .............. SR 190 Ratify 1789 amendment prohibiting salary increase during term .......... SR 14 Urge a marketing and bargaining act to aid farmers................... SR 154 Urge action to aid farmers and industry ............................. HR 153 Urge action to slow textile and apparel imports ....................... SR 145 Urge constitutional amendment, four-year terms for Congressmen ........ SR 34 Urge continuation of federal revenue sharing program ................. SR 235 Urge continued funding, Amtrak railroad service ...................... SR 173 Urge defeat of budget proposal to cap medicaid funds ................. SR 229 Urge extension of Federal Solar Energy Tax Credit ................... HR 276 Urge National Children's Week ............................... SR 250 Urge stronger laws on transporting hazardous material................. SR 187 Urge study of budget cuts in Soil Conservation Service ................ SR 186 Urge support of moratorium on farm foreclosures ..................... HR 183
CONNER, JAMES L.; Elected to State Transportation Board............ Page 230
CONSERVATION AND NATURAL RESOURCES (Also See Natural Resources or Environmental Protection) Archeology; land site and underwater, differentiation, requirements ...... HB 277 Erosion and Sedimentation Act; assist local governments ................ HB 35 Hazardous materials; aid in mitigating damage, no liability ............. HB 153 Hazardous Waste Management Act; amend Code, create trust fund ..... HB 168 Surface mining; permits, bond requirements ........................... HB 25 Timber sales; wood load tickets to landowners ........................ SB 232 Water Well Standards Advisory Act; revise provisions .................. HB 32 Wood burning, controlled; prior notice ................................ SB 98
CONSOLIDATED GOVERNMENTS (Also See Columbus or Muscogee County) County health boards; fees, exemptions .............................. SB 134 Motor fuel tax; levy for public facilities, referendum ................... SB 265
CONSTITUTIONAL AMENDMENTS Appropriations; excess funds received, disposition by law ................ SR 42 Appropriations; supplemental bills prohibited except in emergency ....... SR 123
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2920

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Counties, cities; incur limited short-term debt, certain cases. ............. SR 12 Education; local boards elected, superintendents appointed ............... SR 37 Elections; congressional candidates not required to be registered voter ..... SR 39 Enacted by initiative petition by people ............................... SR 47 Enacted by initiative petition by people ............................... SR 30 General Assembly; members, four-year term of office .................... SR 5 Judges, Superior and State Courts; delete nonpartisan elections. ......... SR 182 Legislative overview; veto power, State agency rules .................... SR 46 Local Constitutional Amendments Overview Committee, joint ........... HR 170 Local government; bonds to finance public facilities..................... SR 92 Local government; local option sales tax for public facilities ............. SR 25 Pardons and Paroles Board; limited parole powers ...................... SR 26 Pardons and Paroles; life sentence for murder, parole limited ............ SR 83 Parole supervision fees; used to assist victims of crime .................. SR 22 Public officers; suspension from office upon federal indictment ............ SR 13 U.S.; Congress urged to propose four-year terms for congressmen ......... SR 34 U.S.; congressmen, salary provisions, ratify 1789 proposal ....'........... SR 14 U.S.; District of Columbia, representation in Congress, ratify ........... SR 184
CONSTITUTIONAL OFFICERS (Also See Public Officers and Employees) Salaries; full-time service .......................................... HB 270
CONSULAR CORPS; Prestige license plates; provide honorary ............. HB 43
CONSUMERS' UTILITY COUNSEL; Audit, reports, legislative review ..... Hb 89
CONTRACTS Building Authority; leases, parking facilities, powers ................... HB 587 Lease-purchase agreements; regulations .............................. HB 378 Public Works; progress payments ................................ SB 91 Public; bidding denied after restraint of competition conviction .......... HB 940 Transportation Department; contracts, bidding procedures .............. SB 148 Transportation Department; one bid received, procedures ............... HB 705
CONTROLLED SUBSTANCES (Also See Drugs and Drug Abuse) Change certain listings, penalty provisions ............................. HB 33 Drug abuse treatment and education programs; licensing ............... SB 219 Drug abusers; repeat patients, hospitalization, treatment................ SR 153 Drug Classification Study Committee, nonprescription drugs ............ SR 165 Drug trafficking; bail granted only in superior court .................... SB 86 Drug trafficking; penalties, GBI Cocaine Task Force................... SB 147 Drug trafficking; punished as crime with possession of firearm. .......... SB 166 Pharmacy robbery; penalties ........................................ SB 57
COOK COUNTY; Commissioners; election of members.................. HB 975
COOK, CURREY; Commend ...................... SR 71
COORDINATE SYSTEM; Geographic boundaries, points in state ..... SB 220
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INDEX

2921

CORONER'S TRAINING COUNCIL; Create; powers and duties ........ HB 256
CORONERS (Also See Medical Examiners) Dead bodies; duties at scene of death, autopsy fees .................... SB 190 Eye removal; procedures, requirements ................................ SB 85 Hospice Care; patient death, post-mortem exceptions................... SB 200 Prison inmate; death without physician, notification to GBI ............. SB 217 Qualifications, bond, fees, duties, dead bodies ......................... SB 252 Qualifications, duties, bond required ................................. HB 255
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Corporate sale transactions; definitions, requirements................... HB 309 Foreign Corporations; Secretary of State, investigations ................ HB 171 Income tax; depreciation, cost recovery, federal income................. SB 277 Law suits; venue, county of origin of cause of action................... SB 127 Partnerships; Uniform Act, revise various provisions ................... HB 887 Professional associations; registration, reports ......................... HB 311 Property; abandoned, unclaimed, disposition procedures. ................ SB 140 Public Service Commission; rate cases, inspection of records ............ SB 126 Shareholders; rights, procedures..................................... HB 174
CORPS OF ENGINEERS, U.S.; Urged complete study of Curry Creek dam ................................................. HR 214
CORRECTIONAL INSTITUTIONS, WOMEN'S, STUDY COMMITTEE; Create .......................................................... SR 132
CORRECTIONAL OFFICERS' WEEK, GEORGIA; Recognize.......... SR 223
CORRECTIONS (Also See Penal Institutions) Assault upon an officer; define crime, penalties......................... SB 26 Correctional Industries; insurance coverage with state programs ......... HB 358 Employees; injured on duty, salary during convalescence ............... HB 267 Inmates; civil action against government, forms, procedures .............. HB 92 Inmates; custodian using for private gain unlawful. .................... HB 686 Inmates; damage to state property, restitution requirements ............. HB 167 Inmates; death without physician, GBI notified. ....................... SB 217 Inmates; work release programs, requirements, funds earned ............ HB 120 Labor Department; correctional services, remove statutory powers. ........ SB 12 Offender Rehabilitation Board, Department; change to Corrections in Code .............................................. HB 22 Officers; witness fees ............................................... SB 27 Probation; first offenders, subsequent crime conviction.................. HB 539 Probation; sentence review provisions ................................ HB 189
CORRIDOR Z HIGHWAY, COLUMBUS TO BRUNSWICK Designate as Jimmy Carter Parkway ................................. HR 55 Name Study Committee, joint...................................... SR 118
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2922

INDEX

COSMETOLOGY Licensing, registration; board meetings............................... SB 154 Nursing homes; beauty shop on premises, license not required........... SB 139
COTTON GROWERS ORGANIZATION; Boll weevil eradication; duties, certification................................................ SB 256
COTTRELL, STAN; Commend, long distance runner ................... SR 166
COUNTIES (Also See Local Government) Alcoholic beverage sales to minors; reports to Revenue Department ...... HB 558 Audits; change certain requirements ................................. SB 228 Bonds; issued to finance certain public facilities ........................ SR 92 Bonds; proceeds invested in authorized institutions..................... SB 262 Bonds; state plan allocating to local governments, ceiling ................ HB 95 Bonds; water, sewer projects, leases State Development Authority........ SB 269 Commissioners; minimum salary, single commissioner governing authority. HB 453 Correctional institutions; custodian using inmate for private gain unlawful............................................ HB 686 Debt; authorized to incur short-term indebtedness, referendum ........... SB 28 Debt; limited short-term authorized, certain circumstances ............... SR 12 Education boards; chairman, term may be set by local law ............. SB 207 Emergency health care; services, costs for elderly, indigent, pregnant women ................................................ SB 132 Erosion, Sedimentation Act; technical assistance, certification ............ HB 35 Fire Hydrants; marking system on roads, Transportation Department .... HR 79 Fire Hydrants; marking system on roads, Transportation Department .... SR 196 Grand jury; inspection duties, delete DA requirements ................. SB 119 Health boards; certain fees, consolidated governments exempt ........... SB 134 Health-care officers; duties, cost of care for pregnant women ............ HB 487 Health-care officers; duties, cost of care for pregnant women ............ HB 484 Hospital authorities; property sales, local referendum ................... SB 56 Law Libraries; collection of fees by municipal courts .................. HB 542 Magistrate Court; cash bonds for ordinance violations.................. SB 123 Motor vehicle insurance; court cases, testimony ....................... SB 125 Motor vehicle registration; county tag agents issue duplicates ........... HB 133 Newton County Development Authority; correct population figures....... HB 607 Officials; effective date of general laws increasing salary................ HB 625 Paupers; interment payment provisions ............................... HB 546 Railroad crossings, relocation; prior public notice ...................... HB 123 Redevelopment Powers Law; enact .................................. HB 430 Roadside Vendors; urge governing authorities to regulate ............... HR 154 Sales tax; local option one percent for roads, public facilities............ HB 281 Sales tax; local option to finance public facilities ....................... SR 25 Sales tax; local option, one percent special purpose .................. HB 170 Superior court law clerks; state reimbursement for salaries. .............. SB 83 Tax collectors as ex officio sheriffs; compensation ...................... HB 340 Tax collectors; payment and reports of collections ..................... SB 209 Tax commissioners; ineligible, State Employees' Retirement............. HB 417 Tax commissioners; qualifications, terms of office, vacancies ............ HB 75 Tax digests; approval by State prohibited if certain appeals pending ... HB 214 Tax digests; approval by State, appeals pending, records confidential ...... HB 80
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2923

COUNTIES (Continued) Tax payments; ad valorem, motor vehicle, checks payable to county office. HB 404 Taxation of financial institutions; provisions, rates ..................... HB 649 Urban County and Municipal Study Committee, create ................. SR 29 Urban County and Municipal Study Committee, create ................. HR 15 Zoning Procedures Law; powers and duties ............................ HB 51 Zoning Procedures; counties 400,000 or more ......................... HB 325

COURTS Administrator, superior court; employed in lieu of law clerk ............. SB 24 Administrator, superior court; employed in lieu of law clerk ............ HB 144 Appeals; default judgment, magistrate courts ......................... SB 247 Appeals; new trial granted, judge give reason ......................... HB 183 Appeals; time and procedures, superior court trial ..................... SB 183 Bail; drug trafficking cases, superior court.......................... SB 86 Blue Ridge Judicial Circuit; change Forsyth County terms............... HB 37 Cherokee Judicial Circuit; judges, salary supplement................... HB 635 Child testimony; sexual offense trial, special procedures ................. HB 27 Civil practice; costs, indigent filing action without attorney, review ........ HB 91 Civil practice; dismissal of case, renewal limitation ..................... SB 17 Civil practice; judgment by default, provisions ........................ SB 101 Civil practice; malpractice, limits on actions, object left in body ......... SB 170 Civil practice; time periods, computation on actions or orders ........... SB 169 Civil practice; voluntary dismissal provisions .......................... HB 630 Civil practice; written notice of actions to all parties ................... SB 100 Civil; next friend representing infants, incompetents, bond ............. SB 234 Clerks; property liens, judgments, file name and address................. SB 66 Clerks; superior court retirement fund, benefits, spouse ................. SB 109 Clerks; superior courts, fee for transcripts ........................ SB 93 Clerks; superior courts, minimum annual salary ....................... HB 711 Cobb Judicial Circuit; judges, retirement payments ................... SB 285 Corporations; tort actions, venue provisions ........................... SB 127 Council of Superior Court Judges; create .......................... SB 95 Death penalty; time periods, provisions for stay of execution ............ HB 159 Domestic relations court order; arrest powers for contempt. ............. SB 181 Drug trafficking; penalties, GBI Cocaine Task Force................... SB 147 Dublin Judicial Circuit; judges, salary supplement .................... HB 592 Elderly person party in civil case; order for trial may be changed. ....... SB 173 Family violence court order; penalties for violation .................... HB 273 Family violence victims; staff assist in filing forms, procedures .......... HB 614 Financial institutions; subpoenas, court orders, time to respond .......... HB 173 Foreign judgments; Uniform Enforcement Law, enact.................. SB 164 Garnishment proceedings; change various provisions..................... HB 59 Habeas corpus; proceedings at penal institution ......................... SB 90 Hearings, mentally ill; fees to officers.................................. HB 6 Insanity defense; criminal procedures, guilty but mentally ill ............ SB 129 Insurance; State liability coverage, lower courts ......................... SB 2 Judges; justices, district attorneys, salary provisions .................... HB 270 Judges; retirement fund, creditable service, vest at 8 years.............. SB 103 Judges; retirement system, spouse's benefits........................... SB 180 Judges; retirement system, spouse's benefits........................... SB 174
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2924

INDEX

COURTS (Continued) Judges; superior and state courts, delete nonpartisan election ............ SR 182 Judges; vacancies, Governor appoint interim judge ...................... HB 88 Juries; commissioners, succeed themselves ............................ HB 101 Juries; composition, procedure in state and superior courts ............... SB 48 Juries; county grand juries, inspection duties, delete requirements ........ SB 119 Juries; elderly persons, request for removal from list .................. HB 157 Juries; uniform procedure, State and Superior Courts, selection. .......... HB 85 Juvenile Proceedings; detention hearings, time requirements ............. HB 185 Juvenile Proceedings; parental rights termination provisions ............. HB 175 Juvenile; state subsidy, probation workers, certain counties.............. SB 222 Juvenile; youth tried as adult felon, Youth Services custody. ............. HB 14 Law Enforcement officers; arrest powers, domestic relations ............. SB 181 Legal advertisements; publishing rates ................................ SB 78 Libel actions; evidence, retractions by publications...................... SB 77 Liens; property, clerk file names and addresses......................... SB 66 Magistrate; attorney magistrate, restrictions on law practice ............ HB 651 Magistrate; cash bonds for ordinance violations ....................... SB 123 Magistrate; default judgments, appeal procedure ...................... SB 247 Magistrate; default judgments, relief procedures ....................... SB 248 Magistrate; elections, suspensions, service of process ................... SB 156 Magistrate; Fulton County, continuation of jurisdiction ................. HB 647 Magistrate; judges, training requirements, exemptions .................. HB 653 Magistrate; performance bonds, clerk authorized sign summons........... SB 88 Magistrate; postjudgment discovery................................... SB 87 Magistrate; postjudgment discovery, interrogatories .................... SB 239 Magistrate; probate judge's services, salary ........................ SB 73 Magistrate; service of process ........................................ SB 7 Municipal; collect fees for county law libraries ........................ HB 542 Municipal; impose community service as sentence ..................... HB 474 Municipal; jurisdiction, motor vehicle emissions violations............... HB 465 Municipal; motor vehicle proof of insurance violations. ................. HB 240 Northeastern Judicial Circuit; additional judge........................ SB 186 Ocmulgee Judicial Circuit; court reporters, salaries .................... SB 172 Penal inmates; action against government, forms, procedures ............. HB 92 Piedmont Judicial Circuit; additional judge ........................... SB 264 Pretrial release programs; only indigent person eligible ................. SB 192 Probate; chief clerks, appointment, powers............................ SB 249 Probate; contested wills, jurisdiction, notification ...................... HB 735 Probate; judges, minimum compensation ............................. HB 343 Probate; judges, qualifications ....................................... HB 74 Probate; judges, retirement benefits............................. SB 4 Probate; wills, notice of probate to all beneficiaries ..................... SB 46 Secretaries to judges, district attorneys; salary ......................... SB 61 Sheriffs; minimum salary, service in other courts ....................... SB 43 State and Superior; jury selection provisions ........................... HB 85 State; judge emeritus issue arrest warrants if authorized ............... HB 231 State; juries, composition and procedure .............................. SB 48 Sterilization of mentally incompetent; procedures ...................... SB 110 Superior; Judgeships Study Committee, reapportion circuits, joint ... HR 106
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INDEX

2925

COURTS (Continued) Superior; juries, composition, procedure, certain cases ................... SB 48 Superior; law clerks, compensation ................................... SB 83 Supreme; urged coordinate handling of child abuse cases ............... SR 189 Surrogate parent; immunity from liability ............................ SB 121 Tax executions; lost original, procedure, combining of actions ............ HB 64 Tort lawsuits; encourage structured settlements and awards ............. HR 189 Trial order; changed if elderly person is party ........................ SB 173 Trial postponement; State Education Board member party in case ....... HB 584 Tuberculosis; suspected cases, orders for hospitalization ................ HB 366 Utility rate cases; appeals procedures, temporary rates ................. HB 723 Victim of crime; impact statement, parole notification ................... SB 75 Victim of crime; right to be present in court .......................... SB 74 Waycross Judicial Circuit; judges, counties supplement................. HB 486 Witnesses; correctional officers, fees .................................. SB 27
COWETA COUNTY Ad valorem tax exemption on property; continue in force ............... HB 676 Development Authority; continue in force ............................ HB 674 Education Board; clarify terms, technical corrections................... HB 996 Education Board; leases, contracts, continue in force .................. HB 677 Magistrate Court; judge, nonpartisan election ......................... HB 995 Probate Court; judge, nonpartisan election............................ SB 189 School system merged with Newnan; continue in force ................. HB 673 Water, sewerage, fire districts; continue in force. ...................... HB 675
CRAWFORD, LESLIE; Commend ............................ SR 70
CRAWFORD, VERNON; Commend as Regents Chancellor ........... SR 157
CREDIT UNIONS Gift to Minors Act ............................................. HB 373 Local government bonds; investment of proceeds ...................... SB 262 Provisions relating to shares and minors.............................. HB 374 Residential Finance Authority; lending institutions..................... HB 372
CRESWELL, RICHARD W.; Professor, Mercer Law School, commend SR 221
CRIME INFORMATION CENTER First offenders; records provisions ................................... HB 539 Post-Mortem examinations; reports relating to dead bodies.............. SR 252
CRIME VICTIMS (See Victims of Crime)
CRIMES AND OFFENSES Abortion; disposal of fetuses, reporting requirements ................... HB 683 Assault upon correctional officer; define crime, penalties ................. SB 26 Bad Checks; notice, no account in existence .......................... SB 266 Bad Checks; notice, no account in existence .......................... SB 118 Bids; public contracts, denied after conviction for trade restraint......... HB 940 Controlled Substances; change certain listings, penalties ................. HB 33 Crime Victim Recovery Fund Study Committee; create ................ SR 272
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2926

INDEX

CRIMES AND OFFENSES (Continued) Criminal trespass; damage to property, definitions ..................... HB 710 Criminal trespass; damage to property, definitions, penalties. ............ SB 240 Criminal trespass; damage to property, definitions, penalties. ............ SB 231 Criminal trespass; unlawful to enter premises while armed, penalties ... SB 212 Drug trafficking; penalties, GBI Cocaine Task Force ................... SB 147 Drug trafficking; punished as crime with possession of firearms .......... SB 166 Fire service organization; false representation unlawful .................. SB 42 Fraudulent practices; motor vehicle sales, emission standards ............ HB 220 Fraudulent solicitation; misrepresenting firefighter unlawful ............. HB 222 Gambling; antique slot machines, possession .......................... HB 205 Human Body; unlawful buy or sell .................................. SB 146 Lottery equipment; manufacture, sale for out-of-state use............... HB 99 Lottery; chain letter, pyramid clubs, definition, penalties................. SB 62 Pharmacy robberty; penalties ........................................ SB 57 Public housing; fraudulently obtaining, penalty provisions ................ HB 30 Sexual exploitation of minors; print processors, reports .................. SB 79
CRIMINAL JUSTICE COORDINATING COUNCIL; additional member; superior court judge............................................... HB 629
CRIMINAL PROCEDURE Bail; delayed, DUI case if faculties impaired ......................... SB 122 Bail; drug trafficking cases, delegation to magistrate court .............. SB 86 Bonds; no forfeiture if principal in custody ........................... HB 602 Criminal trespass; entering premises while armed, penalties ............. SB 212 Death Penalty by Lethal Intravenous Infusion ........................ HB 848 Insanity Defense; guilty but mentally ill ............................. SB 129 Juvenile tried as adult; sentence, Youth Services Division custody. ........ HB 14 Restitution, inmates; damage to state property ....................... HB 157 Sentence; death penalty, court fix time periods, stay provisions .......... HB 159 Sentence; judges panel sets minimum time, capital cases .............. SB 52 Sentence; life imprisonment for murder, parole prohibitions .............. SR 83 Stolen vehicle; return to rightful owner, time limits.................... SB 135 Trial postponed; State Education Board member party in case .......... HB 584 Trials; sexual offenses, child testimony, procedures...................... HB 27 Victim impact statement in court; parole notification.................... SB 75 Warrants, arrest, search; state court judge emeritus issue .............. HB 231
CRIMINAL TRESPASS Damage to property; definitions; penalties ............................ SB 231 Damage to property; definitions, penalties ............................ SB 240 Definition of offense, change damage amount ......................... HB 710 Entering premises while armed; penalties............................. SB 212
CRISP COUNTY Revenue bonds for electric system; continue in force ................... HB 593 Revenue bonds, hydro-electric power; continue in force ................. HB 594
CROWE, HUGH L., DR.; Recognize ................................. HR 188
CRUMP, WALLY; Commend ...... SR 64
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2927

| CURRY CREEK DAM; U.S. Corps of Engineers; urged complete study HR 214 I CUTTING, GEORGE PEDDY, DR.; Commend........................ SR 227

D

DADE COUNTY; Water and Sewer Authority; issuance of revenue bonds . . SB 177

DALTON HIGH SCHOOL; Commend ............................... SR 206

-: DALTON, CITY OF; Sale of land leased to Seaboard Railroad ........... HR 112

DAMASCUS, CITY OF; New charter ................................. HB 135

DAVIS, OSCAR LEON; Commend .................................. SR 200

DAWSON COUNTY

Business license tax; firms in unincorporated areas..................... HB 707

:

Business license tax; impose, firms in unincorporated areas ............. SB 282

Commissioner; change compensation ................................ SB 278

Industrial Building Authority; continue in force ....................... SB 251

Probate Court Judge, Superior Court Clerk; compensation ............. HB 1055

Tax Commissioner, compensation .................................. HB 1054

'i DAY CARE CENTERS (Also See Child Care Centers)

":

Criminal record check of employees, licensing ........................ HB 462

Fire safety regulations............................................. HB 369

Personal care homes; criminal check, employees; licensing .............. HB 461

DEAF PERSONS; Interpreters; may be employed by more than one state agency ................................................ SB 54

DEAL, SENATOR NATHAN; Excused .............................. Page 2277

DEATH PENALTY

Court fix time periods; provisions for stay of execution ................. HB 159

Provide for lethal intravenous infusion ............................... HB 848

;

Sentence not imposed, capital case; judges set minimum time to serve ... SB 52

DEATH Coroners, medical examiners; duties at scene of death. ................. SB 190 Dead bodies; coroners, medical examiners, duties ...................... SB 252 Dead bodies; removal, change requirements, duties of coroners .......... HB 255 Death certificates; filed with voter registrar in county of residence ....... HB 659 Hospice patient death; post-mortem exemptions ....................... SB 200 Human body; sale or purchase unlawful ............................. SB 146 Wrongful; tort actions, recovery rights, division provisions ............... HB 83

DEATON, EDWARD V.; Commend............ SR 247

i DEBT

*

Counties, cities; incur limited short-term indebtedness ................... SR 12

;

Counties, Cities; incur short-term indebtedness ......................... SB 28



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2928

INDEX

DEBTOR AND CREDITOR Garnishment proceedings; change various provisions..................... HB 59 Garnishment; requirements of Child Support Recovery Act ............. HB 155 Group Life Insurance; installment and one sum payments ............... HB 81
DECATUR CIVIC CHORUS; Commend ............................. SR 274
DECATUR COUNTY Decatur-Bainbridge Industrial Development Authority; continue ......... HB 701 Probate Court; judge, annual salary ................................. HB 976
DECATUR, CITY OF Alcoholic beverages; Sunday sales by the drink, certain cases ........... HB 583 Homestead exemption ............................................. HB 582
DEFENSE DEPARTMENT (Also See Military Affairs) Emergency Management; deputy director, executive director ............ SB 213 Emergency Management; deputy director, executive director ............ HB 693
DEFENSE FORCE, STATE Georgia State Guard name changed ................................. SB 202 Georgia State Guard name changed ................................. HB 565
DEKALB COUNTY Alcoholic beverages; Sunday sales by the drink, certain cases ........... HB 583 Alcoholic beverages; tax for education, continue in force ............... HB 413 Commissioners; damages, payment, continue in force. ................. HB 1036 Commissioners; ordinance powers, continue in force.................... HB 879 DeKalb County Land Use Study Commission; create .................. HR 232 DeKalb Junior College; approve as University System unit ............. HR 218 Education Board; continue in force .................................. SB 288 Education Board; members, compensation ............................ SB 227 Education tax; continue in force .................................... SB 289 Juvenile intake, probation officers; state subsidy to employ .............. SB 222 Library services; Atlanta, special district, ad valorem tax ...............HB915 Magistrate Court; provide.......................................... HB 878 MARTA Board; two additional members ............................. HB 36 Medical Examiner; continue in force ................................ HB 570 Merit System; continue in force .................................... HB 468 Public nuisance; abatement procedures ............................... HB 407 Recorder's Court; animal control duties, continue in force .............. HB 877 Sanitation districts; continue in force ................................ HB 312 State Court; additional assistant solicitor ............................. HB 955 State Court; additional judge ........................................ HB 467 Street improvement assessments; continue in force ..................... HB 402 Zoning procedures ................................................ HB 325
DEKLE, RENEE; Commend.......................................... SR 63
DENTISTS; Dead bodies; identification procedures ...................... SB 252
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2929

DEVELOPMENT AUTHORITIES Georgia; bonds, leases, sewer projects, loans to local governments ........ SB 269 Newton County Development Authority; correct population figures ....... HB 607 Redevelopment Powers Law; enact .................................. HB 430
DILLARD, EARL; Condolences ...................................... SR 244
DISTRICT ATTORNEYS Cherokee Judicial Circuit; investigator, compensation .................. HB 637 County grand jury inspection reports; delete certain duties .............. SB 119 Salary provisions ................................................. HB 270 Secretaries; credit, Employees' Retirement System ...................... SB 50 Secretaries; salary scale ....................................... SB 61
DISTRICT OF COLUMBIA; Representation in Congress; ratify constitutional amendment .......................................... SR 184
DIVORCE (Also See Domestic Relations) Attorney's fees; include contempt of court orders ....................... HB 11
DOCTORS FLOYD BRIDGE; Designate in honor of Floyd family ......... HR 235
DOCTORS OF THE DAY Anderson, Dr. Larry ........................................... Page 2079 Atha, Dr. John ................................................. Page 1000 Baugh, Dr. James ............................................... Page 701 Clark, Dr. S. William ............................................ Page 575 Crowdis, Dr. James ............................................. Page 1107 Davidson, Dr. Gene ........................................... Page 659 Deal, Dr. Eric ................................................... Page 51 Dixon, Dr. Jimmy .............................................. Page 1376 Duttera, Dr. Julian ............................................. Page 1319 Evans, Dr. Arthur ............................................... Page 342 Fowler, Dr. Ray ................................................ Page 1224 Gamwell, Dr. John .............................................. Page 398 Garringer, Dr. Jacqueline ........................................ Page 1992 Giles, Dr. Jack ................................................. Page 2330 Gonzalez, Dr. Juan ............................................... Page 67 Green, Dr. George .............................................. Page 1084 Grist, Dr. Bill................................................... Page 860 Hawk, Dr. Judson ............................................... Page 923 Hayes, Dr. Claudette. ............................................ Page 605 Hutchinson, Dr. J. R. B. ........................................ Page 1992 Hutto, Dr. Mark ............................................... Page 1376 Jolley, Dr. Fleming ............................................... Page 85 Kaufmann, Dr. James A. .................................... Pages 33, 2364 Kinard, Dr. Garland ............................................ Page 1436 Metis, Dr. Jim ....................................... Page 118 Morgan, Dr. Diskin G. ........................................... Page 414 Newsom, Dr. Bruce C. .......................................... Page 1920 Nichols, Dr. Bill................................................ Page 1727
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2930

INDEX

DOCTORS OF THE DAY (Continued) Nisbet, Dr. John ............................................... Page 1639 Quattlebaum, Dr. Robert B. ..................................... Page 2846 Ray, Dr. Jimmy ................................................. Page 826 Roddenberry, Dr. S. A........................................... Page 2330 Sams, Dr. Ferrol, III............................................ Page 2229 Souma, Dr. John ................................................ Page 101 Walker, Dr. Don ................................................ Page 213 Wright, Dr. Don ................................................ Page 575
DOERUN, CITY OF; Recorder's Court; punishment provisions ............ HB 823
DOMESTIC RELATIONS Alimony; revision, child support paternity cases, legitimacy petitions ..... HB 907 Alimony, child support; revision of judgment, time requirements ...... SB 211 Arrest powers; peace officers, court order disobeyed .................... SB 181 Child Support Recovery Act; provisions required by federal law ......... HB 155 Child support; enforcement, garnishment, insurance, foster care ......... SB 241 Child support; paternity court cases, blood tests ...................... HB 907 Divorce, child custody; attorney's fees include contempt of court orders.... HB 11 Education; surrogate parent, immunity from liability................... SB 121 Family Violence; court orders, penalties for violation ................... HB 273 Family Violence; victims, staff assist with court forms. ................. HB 614 Legitimacy Petition; additional filing locations ........................ HB 907 Parental rights; termination provisions ............................... HB 175 Wrongful Death of child; tort actions for recovery, distribution ........... HB 83
DONALSONVILLE, CITY OF; City Council; change composition ....... HB 827
DOOLEY, COACH VINCE; University of Georgia football team, commend ........................................................ SR 142
DOOLY COUNTY; Commissioners; compensation ...................... HB 1095
DOUGHERTY COUNTY; Albany Dougherty Payroll Development Authority; continue in force ................................................ HB 588
DOUGLAS COUNTY; Douglasville-Douglas County Water Authority; recreate ........................................ HB 680
DOUGLASVILLE, CITY OF; Mayor and Councilmen; election ........ HB 958
DOWNING, ROBERT SULLIVAN; Recognize ................... SR 207
DRINKING AGE Alcoholic beverages sales to minors; violations reported................. HB 558 Alcoholic beverages; raise to 20, 1985, then 21, 1986 ............... HB 21 Alcoholic beverages; sales and distribution............................. SB 13
DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Amend various Code provisions ...................................... HB 90 DUI convictions; limited driving permits ..................... SB 36 DUI suspension hearing; witness fees to officers ........................ SB 30
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INDEX

2931

DRIVER'S LICENSE (Continued) DUI; driver improvement clinics, reciprocity ........................... SB 35 DUI; drug abuse programs, penalties, temporary permits ................ SB 29 Motor carriers; suspension provisions, exemptions ...................... HB 179 Records; to schools on bus drivers and to Selective Service ............. HB 393 Records; to schools on bus drivers, Selective Service ................... HB 274 Records; to schools on bus drivers, Selective Service .................... SB 45
DRIVING UNDER INFLUENCE, DUI Amend various Code provisions ...................................... HB 90 Bail; delayed if faculties impaired ................................... SB 122 Driver improvement clinics; Public Safety, information to Senate ........ SR 163 Driver improvement clinics; reciprocal agreements ...................... SB 35 Driver's license; suspension hearings, witness fees....................... SB 30 Drug abuse programs; temporary permits, penalties ..................... SB 29 Insurance; higher coverage required upon conviction .................... SB 38 Limited driving permits; certain cases ................................ SB 36 Military personnel; attendance at driver improvement clinics ............. SB 18 Nolo contendere plea; attorney not required ........................... SB 33 Vehicle declared contraband; procedures, disposition .................... SB 63 Vehicle seized on second offense; disposition ........................... SB 47
DRUGS AND DRUG ABUSE Clinical records of drug abusers; confidentiality ....................... HB 793 Controlled substances; change certain listings, penalties ................. HB 33 Drug abuse treatment and education programs; licensing ............... SB 219 Drug abusers; repeat patients, hospitalization, treatment................ SB 153 Drug Classification Study Committee; nonprescription drugs ............ SR 165 Drug trafficking; offense bailable only in superior court ................. SB 86 Drug trafficking; penalties, GBI Cocaine Task Force ................... SB 147 Drug trafficking; punished as crime with possession of firearm. .......... SB 166 DUI cases; bail delayed if faculties impaired ......................... SB 122 DUI convictions; limited driving permits .............................. SB 36 DUI; abuse assessment and treatment programs........................ SB 29 Mentally ill; hearing officers, fees for services ........................... HB 6 Mentally ill; involuntary treatment ................................. SB 6 Mentally ill; patient transfers to state-owned facility ..................... HB 5 Mentally ill; state institutions, missing persons reports .................. SB 84 Pharmacists; licensing, continuing education .......................... SB 267 Pharmacy robbery; controlled substances, penalties ..................... SB 57
DUBLIN JUDICIAL CIRCUIT; Judges; salary supplement by counties.... HB 592
DUNCAN, HORRIE B.; Commend .............. SR 256

EARLY COUNTY State Court; Pataula Circuit Assistant DA serve as solicitor ............ HB 946
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2932

INDEX

EARLY COUNTY (Continued) Superior Court; clerk, annual salary ................................. HB 778
EATONTON, CITY OF; Corporate limits; change ....................... HB 721
ECHOLS COUNTY; Commissioners; compensation of members ........... HB 876
EDDY, JOYCE; Commend ........................................... SR 16
EDUCATION REVIEW COMMISSION, GOVERNOR'S Commend Chairman Ed Harris..................................... SR 238 Commend members .............................................. SR 237
EDUCATION County boards; chairman, term may be set by local law................ SB 207 County boards; members elected, superintendents appointed by boards ... SR 37 County boards; powers, Quality Basic Education Act ................... SB 82 CPR, Cardiopulmonary Resuscitation; encourage school programs ....... SR 160 Governor; message to joint session of General Assembly .................. HR 5 Grants to students; private college tuition, remove limits .............. HB 794 Handicapped children; Human Resources, special services ............... SB 22 Handicapped children; schools, special services ......................... SB 21 Medical student loans, scholarships; repayment, cancellation ............ HB 622 Osteopathic medical colleges; student loans, grants .................... SB 185 Professional Practices Commission; Merit System. ..................... HB 388 Proprietary schools; bonds, use of "college" prohibited ................. HB 709 Quality Basic Education Act, QBE; revise public system ................ SB 82 School bus drivers; report vehicles passing stopped bus ................. HB 301 School disciplinary tribunals; change provisions ........................ SB 58 School Lunch Program; oppose elimination of federal support ........... SR 220 Scoliosis screening; parental approval not required ..................... SB 165 Screening, remedial programs; children under five years ................. SB 80 Southern Regional Compact; Oklahoma approved for membership ........ SR 18 State Board meetings; members attending, court case postponement .... HB 584 State Board; powers, Quality Basic Education Act...................... SB 82 State School Superintendent; salary ................................. HB 270 Student tuition grants; private colleges, remove limits .................. HB 794 Surrogate parent; immunity from liability ............................ SB 121 Teachers; sick leave, accumulation provisions ......................... SB 238 Unemployment benefits; denied teachers between school terms .......... HB 266 University System; Eminent Scholars Endowment Trust Fund, create ... HB 919 University System; Industrial Loan Act, exemption .................... HB 437 Voter registration; students outside county of residence ................. HB 48
EDWARDS, JEANIE; Commend, Georgia State Homecoming Queen ..... SR 240
EDWARDS, WILLIAM H.; Commend ..................... SR 216
EFFINGHAM COUNTY; State Court; judge and solicitor, salary. ........ HB 921
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INDEX

2933

ELBERT COUNTY; State Court; terms, salaries of judge and solicitor ... HB 749
ELDERLY Ad valorem tax bills, notices; information to taxpayer required .......... HB 125 Buildings; accessibility standards, requirements......................... SB 20 Community care services; agencies authorized to serve ................. SB 233 Emergency health care; requirements, cost provisions .................. SB 132 Income tax; exemption provisions due to age or disability............... HB 408 Juries; request for removal of name from list ......................... HB 157 Living wills; nursing homes prepare only on resident's request........... SB 191 Medicaid eligibility; nursing home resident, homestead exempt .......... SB 198 Personal care homes; fire safety standards .............................. HB 2 Personal care homes; licensing, criminal check, employees .............. HB 461 Trial, civil cases; order changed if elderly person is party. .............. SB 173
ELECTED OFFICIALS (See Public Officers and Employees or Elections)
ELECTIONS Absentee ballots; change provisions................................... SB 72 Absentee ballots; delivery provisions for disabled persons ................ HB 97 Absentee ballots; hospitalized persons ................................ SB 71 Absentee ballots; preparation, application, persons overseas .............. SB 68 Amend Code title; revisions, corrections, omissions. .................... HB 163 Amend various Code provisions .................................... SB 68 Amend various Code provisions ................................. SB 72 Amend various Code provisions ...................................... HB 97 Ballots; incumbent candidate listing ................................. HB 379 Board, State; members, per diem, investigators at polling places .......... HB 97 Campaign financial disclosure; director's salary set by law .............. HB 585 Campaign financial disclosure; reports, define certain offices.............. SB 31 Campaign financial disclosure; use of contributions; investigations........ SB 261 Campaign literature; funded by candidate, identification ............ HB 194 Candidates; amend various code provisions ............................ HB 97 Candidates; congressional, affidavit requirements deleted................. SB 69 Candidates; nominated, withdrawal, vacancies prior to election .......... HB 822 Candidates; qualification, notices, fees, change provisions ................ SB 72 Candidates; qualifications determined by Secretary of State, delete........ SB 67 Candidates; U.S. Congress not required to be registered voter ............ SR 39 Contributions, political; county, city officers, unlawful to coerce others. . . . HB 128 County judicial offices; filling of vacancies ............................. HB 97 Initiative petition; to enact statutes, constitutional amendments ........... SR 30 Initiative petition; to enact statutes, constitutional amendments ........... SR 47 Judges; nonpartisan election, delete requirement....................... SR 182 Municipal; absentee ballots, hospitalized persons ....................... SB 71 Municipal; alcoholic beverage sales on election day, provisions. .......... HB 247 Municipal; alcoholic beverage sales permitted .......................... SB 70 Municipal; amend various Code provisions...................... SB 72 Municipal; ballots, incumbent candidate listing........................ HB 379 Municipal; campaign literature funded by candidate identified. .......... HB 194 Municipal; public opinion exit poll, prohibited at polling places .......... HB 209 Municipal; unopposed candidates, opinion polls, campaign activities at polls......................................................... SB 68
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ELECTIONS (Continued) Municipal; voter registration, public librarians authorized............... HB 190 Polling places; prohibit campaign activities, exit public opinion polls ...... SB 68 Primary, run-off; provision for single polling place ..................... HB 188 Public Opinion Exit Poll; prohibited at polling places .................. HB 209 State Board; membership, per diem .................................. SB 72 State employees; hold local elective or party office ....................... SB 9 Voter registration; amend various Code provisions ...................... HB 97 Voter registration; by post card, counties of 500,000 ................... SB 168 Voter registration; change provisions.................................. SB 72 Voter registration; military and overseas persons ....................... SB 68 Voter registration; public librarians serve as registrars ................. HB 190 Voter registration; records, location, additional places ................... SB 34 Voter registration; students at school outside county of residence ......... HB 48
ELECTRIC MEMBERSHIP CORPORATIONS; Satellite television; sale or lease prohibited ............................................ HB 639
ELEVATORS, ESCALATORS; Registration, inspections................... SB 15
ELLIOTT, BILL; Stock car driver, commend .......................... SR 192
EMANUEL COUNTY; Property conveyance; Swainsboro exchange with Forestry Commission........................................................ SR 106
EMERGENCY MANAGEMENT Deputy director; change title to executive director ..................... SB 213 Deputy director; change title to executive director ..................... HB 693
EMERGENCY MEDICAL SERVICES Hazardous Materials Emergency Response Advisory Council; create ...... HR 27 Hospitals; cost of care, elderly, indigent, pregnant women .............. SB 132 Study Committee; create ....................................... SR 175 Unpaid physician advising ambulance; immunity from liability ......... SB 201
EMINENT SCHOLARS ENDOWMENT TRUST FUND; Create, Regents Board administer.......................................... HB 919
EMORY UNIVERSITY; Special license plate issued to commemorate founding ........................................................ HB 235
EMPLOYEE BENEFIT PLAN COUNCIL, STATE; Create; administer State employee benefits ............................................ SB 113
EMPLOYEES' RETIREMENT SYSTEM County health board employees; 550,000 population, options ............ SB 223 Director; salary provisions.......................................... HB 585 District attorneys; secretaries, purchase service credit .................. SB 50 Falsified records; penalties ......................................... HB 296 Forfeited leave credit; elected officials ............................... SB 104 General Assembly members; creditable service ........................ HB 252 Tax commissioners; ineligible after 1985 ............................ HB 417 Transfers to Teachers Retirement; limit.............................. SB 206
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2935

EMPLOYEES' RETIREMENT SYSTEM (Continued) Unused leave credit; benefits lost on conviction of crime ................ SB 224 Unused leave credit; elected and classified personnel ................... SB 225
EMPLOYMENT SECURITY AGENCY; Labor Commissioner; powers, remove statu tory provisions ...................................................... SB 12
EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Appeals provisions ................................................ HB 331 Appropriation; Labor Department, Unemployment Trust Fund .......... HB 265 Taxable wage base; increase weekly benefits .......................... HB 411 Unemployment benefits; denied teachers between school terms........... HB 266 Unemployment compensation claims; processing payments .............. HB 485 Wages; redefine relating to workers' compensation ..................... HB 412
EMPLOYMENT; Employment Agency Advisory Council; change termination date ................................................... SB 10
ENERGY Federal Solar Energy Tax Credit; urge extension ...................... HR 276 Solar energy equipment; extend sales tax refund time ................... HB 94
ENVIRONMENTAL PROTECTION (Also See Natural Resources or Conservation) Hazardous materials; Emergency Response Advisory Council............. HR 27 Hazardous materials; railroads hauling, caboose required ............... SB 242 Hazardous materials; transporting, Public Service Commission regulate ... SB 214 Hazardous materials; transporting, Public Service Commission regulate . . . HB 917 Hazardous materials; transporting, safety regulations. .................. HB 507 Hazardous materials; transporting, urge Congress pass laws............. SR 187 Hazardous Waste Management Act; amend Code, create trust fund ..... HB 168 Motor vehicles; emission inspection requirements .................... SB 115 Motor vehicles; emissions, noncomplying vehicle sale unlawful ......... HB 220 Motor vehicles; federal emissions standards, compliance for title ......... HB 221 Nuclear generating plants; phase in costs ............................ SB 111 Nuclear generating plants; PSC, prudency determinations .............. SB 263 Wood burning; controlled, prior notice ............................... SB 98
EROSION AND SEDIMENTATION ACT; Procedures, penalties, assistance to local governments ........................................................ HB 35
ESCALATORS, ELEVATORS; Registration, inspections. .................. SB 15
ESCHEAT; Unclaimed property; time periods .......................... SB 140
ESTATES (Also See Wills, Trusts, and Administration of Estates) Appraisement; heir or beneficiary may offer evidence ................. SB 208 Distribution to spouse, children certain cases, renunciation .............. HB 119 Financial institutions; accounts of intestate deceased, procedures .......... HB 61
ESTES, WALTER; Condolences ............................... SR 198
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ETHICS (See Conflicts of Interest)
ETOWAH-FORSYTH WATER AUTHORITY; Operate and maintain sewage systems ................................................... HB 973
ETOWAH, CITY OF; Water and Sewer Authority; revenue bonds ......... SB 281
EVANS COUNTY Industrial Development Authority; continue in force ................... HB 819 Wildlife Club; commend ........................................... SR 233
EVIDENCE Victim of crime; right to be present in court .......................... SB 74 Witness fees; correctional officers, appearances ......................... SB 27
EYE BANKS; Conditions for eye removal, immunity from liability......... SB 85
EYEGLASSES; Medicaid services; urge return to use of in-state providers SR 197

F

FAIR BUSINESS PRACTICES Business opportunity; purchaser's rights, seller unregistered ............. HB 371 Health spas; regulations, definitions, bonds ........................... HB 370 Lease-purchase agreements; regulations .............................. HB 378 Private actions; copies required ..................................... SB 130
FAIRMOUNT, CITY OF; City Council; terms of members ............. HB 636
FAMILY AND CHILDREN SERVICES; District directors; committee to study need for........................................ SR 254
FAMILY VIOLENCE Court orders; penalties for violations. ................................ HB 273 Victims; assisted by staff, court procedures and forms .................. HB 614
FANNIN COUNTY Election Board; powers and duties. ................................. HB 1103 Gilmer-Fannin County Animal Shelter; commend ..................... SR 146
FARM BUREAU DAY; Proclaim February 7, 1985 ................. SR 121
FARM WINERIES Licensing, sales, quality control ..................................... HB 567 Regulations, requirements .......................................... HB 566
FARMERS MARKETING, BARGAINING ACT, FEDERAL; Urge enactment to aid farmers .......................................... SR 154
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2937

FARMS Foreclosures; urge moratorium by banks ............................. HR 183 Residential Finance Authority; cr.edit unions approved lenders ........... HB 372
FAYETTE COUNTY Probate Court; judge, compensation ................................ HB 1026 School Superintendent; appointed by education board, term ............. HB 781 School tax exemptions; provide for elderly and disabled ................ HB 780 Sheriff; change compensation ...................................... HB 1027 Superior Court; clerk, compensation ................................ HB 1025 Tax Commissioner; change compensation ............................ HB 1024
FEDERAL GOVERNMENT Corps of Engineers urged complete study, Curry Creek Dam ........... HR 214 Driver's license records; released to Selective Service................... HB 393 Driver's license records; released to Selective Service.................... SB 45 Driver's license records; released to U.S. Selective Service .............. HB 274 Flipper, Lieutenant Henry O.; urge commemorative stamp in honor ...... SR 180 Georgia's 200th Year; urge postage stamp in honor. .................. SR 214 Highway administration; urge increased loads allowed dump trucks ...... SR 226 Income tax; state depreciation allowances, cost recovery ................ SB 277 Internal Revenue Service; urged to revise business deduction regulations . . SR 129 Medicaid funds; urge Congress to reject budget proposal to cap ......... SR 229 Motor vehicle odometer disclosure; violations, state penalties ............ HB 448 Property; Camden County, exchange State land, Kings Bay.............. SR 27 Property; Glynn County lease for Air National Guard ................. SR 102 Revenue sharing program; urge continued funds....................... SR 235 School Lunch Program; oppose elimination of federal support ........... SR 220 Solar Energy Tax Credit; urge extension ........................... HR 276 Urged to issue commemorative stamp in honor of Lt. Henry O. Flipper . . SR 180
FILIBUSTERS SOFTBALL TEAM; Commend ................. SR 114
FINANCIAL INSTITUTIONS (Also See Banking and Finance) Bank holding companies; merger of subsidiaries ........................ SB 216 Bank redefine in Commercial Code.................................. HB 375 Branch banks; metropolitan statistical areas ........................... SB 65 Court orders, subpoenas; five days to respond ......................... HB 173 Gift to Minors Act; redefine bank................................... HB 373
FIRE PROTECTION AND SAFETY Day-Care Homes; subject to regulation .............................. HB 369 Fire departments; certification, airport firefighters ..................... HB 885 Fire hydrants; marking system on roads, Transportation Department ... SR 196 Fire hydrants; marking system on roads, Transportation Department ...... HR 79 Fire service organization; false representation unlawful .................. SB 42 Firefighter Training, Standards Council; membership, powers ........... HB 885 Firefighter; misrepresenting for solicitation unlawful ................... HB 222 Fireman killed; indemnification, time to apply ......................... SB 53 Handicapped accessibility standards; requirements ...................... SB 20 Hospitals; fire safety inspections .................................... SB 114 Landmark Museum Building; definitions ............................. HB 368
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FIRE PROTECTION AND SAFETY (Continued) Personal Care Homes; buildings minimum standards .....................HB2

FIREARMS Drug trafficking; punished as crime with possession of firearm ...... SB 166 Law enforcement agencies; disposition of certain weapons .............. HB 303

FIREMEN'S RECOGNITION DAY; Commend ....................... SR 122

FIRST OFFENDERS; Probation violations, subsequent convictions, records . HB 539

FISCAL NOTE ACT; Retirement legislation; delete certain provisions .... HB 228

FISHING (See Game and Fish)

FLACK, JAMES; Commend...................................... SR 109

FLEMING, SCOTT; Commend ........................ SR 62

FLEXER, WINEBERT DAN, II, JUDGE; Condolences

SR 159

FLIPPER, LIEUTENANT HENRY O.; Urge commemorative stamp in honor...................................................... SR 180

FLOWERS, PAIGE; Commend .............................. SR 59

FLOYD COUNTY Hospital Authority; filling of vacancies............................... HB 980 Merit System; additional exemptions from coverage.................... HB 978 Rome-Floyd County Development Authority; continue in force .......... HB 937

FOOD, DRUGS AND COSMETICS Food Act; violations, misrepresentations, penalties ........... ..........HB916 Food service establishments; inspections, definitions .................... SB 268 Pharmacists; licensing, continuing education .......................... SB 267

FORE, HOWARD; Commend ........................................ SR 72

FOREIGN JUDGMENTS; Civil practice; uniform enforcement law ...... SB 164

FOREST PARK JUNIOR HIGH SYMPHONIC BAND; Commend ...... SR 101

FORESTRY Commission; controlled wood burning, prior notice required .............. SB 98 Commission; property conveyance, exchange with Emanuel County. ...... SR 106 Commissioner; salary set by law .................................... HB 585 Lien provisions on real estate, foresters services ....................... HB 191 Timber sales transactions; wood load tickets to landowner ........... SB 232

FORSYTH COUNTY Blue Ridge Judicial Circuit; superior court, change terms ............... HB 37 Education Board; compensation ..................................... HB 974 Education Board; election provisions, continue in force ................. HB 295 Etowah-Forsyth Water Authority; operate sewage systems .............. HB 973

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FORSYTH COUNTY (Continued) Homestead Exemption............................................. HB 395 State Court; change terms ......................................... HB 563
FREEMAN, FARRIS; Commend .................................... SR 147
FULTON COUNTY Atlanta Municipal Court; revise fees ................................ HB 469 Atlanta-Fulton County Recreation Authority; zoos, golf courses ......... HB 825 Education Board; election districts .................................. HB 399 Health Board; create by ordinance, powers and duties. ................. SB 221 Health Board; employees, retirement system, options ................... SB 223 Juvenile intake, probation officers; state subsidy to employ .............. SB 222 Library services; Atlanta, district in DeKalb, ad valorem tax............ HB 915 Magistrate Court; permanent continuation of jurisdiction ............... HB 647 MARTA Board; additional member ................................. HB 36 Public nuisance; abatement procedures ............................... HB 407 Tax; payment checks payable to office, exemption ..................... SB 273 Voter registration; post cards authorized ............................. SB 168 Zoning procedures ................................................ HB 325
FUNERAL DIRECTORS; Licensing, inspections, temporary locations ....... SB 92
FUNERALS; County interment of paupers; payment provisions............ HB 546

GAMBILL, GEORGE; Commend ................................... SR 257
GAMBLING Antique slot machines; possession provisions .......................... HB 205 Lottery equipment; manufacture, sale for out-of-state use................ HB 99 Lottery; chain letter, pyramid club, definition, penalties ................. SB 62
GAME AND FISH (Also See Natural Resources) Crab bait; sales to commercial fishermen sales tax exempt.............. HB 316 Fishing; shrimp, bait dealers, requirements ........................... SB 94 Hunting; license suspension for negligence, procedures ................. HB 244 Hunting; permission of landowner required, enforcement. ............... SB 215 Nongame wildlife conservation and habitat; acquisition programs ........ HB 495 State Marine Mammal; designate fermata whale known as the right whale ................................................ SR 91 Waterfowl Stamp; Natural Resources Department develop............... HB 96 Wild Animal Business; define, license requirements .................... HB 306
GARDEN WEEK IN GEORGIA; Designate ......................... .HR 100
GARNER, SENATOR WAYNE; Excused ............................ Page 2783
GARNISHMENT Change various provisions ........................................... HB 59
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GARNISHMENT (Continued) Child Support Recovery Act; federal requirements..................... HB 155 Child support; procedures .......................................... SB 241 Financial Institutions; subpoenas, court orders, time to respond .......... HB 173 Revenue Department; collect fees, interest, collection costs .............. HB 341

GARR, M.A., JR.; Commend ........................................ SR 251

GARRISON, ESTHER F. Commend ....................................................... SR 138 Recognize ....................................................... SR 228

GASOLINE MARKETING PRACTICES; Below Cost Sales Act

SB 108

GENERAL ASSEMBLY Adjournment; January 25 to February 4 ............................... HR 8 Adjournment; February 22 to February 25 ........................... SR 169 Adjournment; March 1 to March 4 ................................. HR 310 Adjournment; March 6 to March 8 ................................. SR 246 Adjournment; sine die March 8 ..................................... HR 453 Agricultural Exposition Authority Overview Committee ................ HB 254 Appropriations; excess funds received, disposition ....................... SR 42 Appropriations; supplementary bills prohibited except in emergency ...... SR 123 Audits Department; annual personnel report, copies to members ......... HB 783 Candidates; disclosure reports, state-wide, legislative offices .............. SB 31 Claims Advisory Board; clarify agencies covered ...................... HB 257 Code Revision Commission; powers and duties ........................ HB 162 Code Revision Commission; recreate................................. HB 161 Consumer's Utility Counsel; legislative review, audit .................... HB 89 County Officials; general laws increasing salary, effective date........... HB 625 Governor; notify that General Assembly has convened ................... HR 2 Health Planning Agency Rules; legislative overview .................... HB 484 House; notify Senate that House has convened .......................... HR 1 Joint Session; Education message by Governor .......................... HR 5 Joint Session; invite Supreme and Appellate Court justices ............... HR 7 Joint Session; State of the State and Budget message by Governor......... HR 6 Legislative Counsel; social security payments ......................... HB 498 Legislative Retirement System; abolish, 1986 ......................... SB 143 Legislative Retirement System; increase benefits. ...................... SB 120 Legislative Services Committee; budget, supplies, maintenance .......... HB 776 Legislative Services Committee; fees for documents; procedure .......... HB 111 Members; elected for four-year term ................................. SR 5 Members; expense allowance provisions .............................. HB 229 Members; retirement, creditable service requirements .................. SB 105 Members; retirement, creditable service .............................. HB 252 Members; salary, cost-of-living increase provisions ...................... HB 78 Members; suspension from office upon federal indictment ................ SR 13 Members; transportation expenses ................................... SB 149 Merit System; legislative review of rules ............................. SB 145 Merit System; legislative review of rules .............................. HB 77 Property conveyances; authority to vary filing procedures ............... HB 704 Rail Passenger Authority Overview Committee; create ................. HB 172

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2941

GENERAL ASSEMBLY (Continued) Reapportionment; House districts 15, 16, 77, 81, 105 and 107 .......... HB 684 Retirement legislation; Fiscal Note Act, delete provisions .............. HB 228 Retirement legislation; nonfiscal bills, introduction, definitions ........... HB 282 State Properties Commission; powers, amend existing leases. ............ HB 617 Veto provisions; proposed State agency regulations...................... SR 46

GENERAL TELEPHONE COMPANY; Property conveyance; Baldwin County to GTE ........................................................... SR 9

GEOGRAPHIC BOUNDARY SYSTEM; Coordinate system to determine SB 220

GEORGIA ALLOCATION PLAN; Enact state plan; revenue bonds to local governments.......................................... HB 95

GEORGIA BUREAU OF INVESTIGATION, GBI Director; salary set by law ......................................... HB 585 Drug trafficking; Special Cocaine Task Force, create. .................. SB 147 Gordon County office; change relating to property transfer............... SR 50 Motor vehicles, salvage; certificate of title requirements ................. HB 45 Prison inmate; death without physician, notification requirements ........ SB 217

GEORGIA HOMECOMING IN 1988; Provide for recognition ........... HR 406

GEORGIA INSTITUTE OF TECHNOLOGY; Recognize 100th anniversary ...................................................... HR 175

GEORGIA RAIL PASSENGER AUTHORITY LAW; Enact; legislative overview, Rapid Rail Transit Compact...................... HB 172

GEORGIA TECH BASKETBALL TEAM AND COACH BOBBY CREMINS; Commend ....................................................... SR 232

GEORGIA; 200th year; urge Post Office issue stamp ......... SR 214

GILMER COUNTY Commissioner; compensation ...................................... HB 1099 Gilmer-Fannin County Animal Shelter; commend ..................... SR 146 Tax Commissioner; compensation .................................. HB 1049

GIRL SCOUT GOLD AWARDS; Commend recipients................... SR 80

GLASCOCK COUNTY; Superior Court; clerk, compensation

....... HB 1029

GLASSTREAM BOATS; Commend .................................. SR 245

GLENNVILLE, CITY OF; Mayor and Council; election provisions....... HB 862

GLYNN COUNTY Brunswick Consolidation Study Commission; continue in force .......... HB 419 Brunswick-Glynn County Charter Commission; extend ................. HB 420 Commissioners; compensation ....................................... HB 589 Coroner; compensation ............................................ HB 646 Education Board; compensation of members .......................... SB 271

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GLYNN COUNTY (Continued) Property conveyance; St. Simons exchange with National Guard. ........ SR 102 Sheriff; automobiles ............................................... SB 272 Superior Court; clerk, personnel .................................... HB 421
GOOSEY, DR. R. K.IRBY; President, Mercer University; introduction .... Page 423
GOLDSTEIN, MAXINE; Commend .................................. SR 134

GORDON COUNTY Calhoun-Gordon County Beautification Committee; commend ............ SR 48 Property conveyance; county trade with GBI, construct office ............ SR 50 Volunteer Firemen; commend ....................................... SR 32

GOVERNMENTAL LIABILITY COMMISSION; Create ................. HR 171

GOVERNOR Joe Frank Harris; address joint session .................... Pages 59, 78, 2835 Joe Frank Harris; communications from ......... Pages 24, 355, 555, 950, 1968 Joe Frank Harris; veto letters 1984 and 1985 sessions. ........ Pages 25, 30, 555 Judgeships; filling of vacancies, powers................................ HB 88 Notify that General Assembly has convened ............................ HR 2

GOVERNOR'S EDUCATION REVIEW COMMISSION; Commend members ........................................................ SR 237

GRAIN DEALERS; Licensing, breach of bond .......................... SB 158

GRANTS Medical student loans, scholarships; repayment, cancellation ........... HB 622 Student tuition grants; private colleges, remove amount limits ........... HB 794 Students attending osteopathic medical college ........................ SB 185
GRANTVILLE, CITY OF; New charter .............................. HB 1075

GREENE COUNTY Development Authority; continue in force ............................ HB 833
Education Board; membership, continue in force ...................... HB 834

GREENE, SENATOR RICHARD; Excused

Page 1679

GRIFFIN, CITY OF Commissioners; election districts .................................... HB 755 Griffin-Spalding County Development Authority; continue .............. SB 188

GRUMMAN AEROSPACE CORPORATION; Baldwin County; property conveyance................................................. SR 4
GUESS, GEORGE; Commend; authorize portrait in State capitol ......... HR 203
GUIDO, REVEREND MICHAEL ANTHONY; Recognize ............... SR 88

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GWINNETT COUNTY Homestead exemption; elderly citizens ............................... HB 841 School taxes; governing authority retain collection cost ................. HB 851

H

HABEAS CORPUS; Inmates, proceedings held at penal institution ......... SB 90

HABERSHAM COUNTY Commissioners; change districts, election provisions .................... HB 870 Education Board; borrowing authority, continue in force................ HB 801 Industrial Development Authority; continue in force ................... HB 802

HALL COUNTY; State Court; provide assistant solicitors ............... HB 330

HAMBY, CHRISTINE CAROL; Compensate ........................... HR 224

HAMILTON, PAT; Commend ........................................ SR 15

HAMMONDS, EDDIE, JR.; Compensate

HR 22

HANDICAPPED PERSONS Art programs; appreciation to Special Audiences, Inc.................... SR 11 Blind; insurance, discrimination in coverage unlawful .................. SB 204 Blind; vending facilities operated on state property .................... SB 106 Buildings; accessibility standards, regulations .......................... SB 20 Buildings; accessibility standards, requirements ........................ HB 506 Children; Human Resources Department, special services ................ SB 22 Deaf interpreters; may work for more than one state agency ............. SB 54 Education; special services in schools ................................ SB 21 Head-injured, spinal cord disabled; reporting procedures .................. HB 3 Income tax; exemption provisions due to disability ..................... HB 408 Incompetent; next friend representing, bond requirements............... SB 234 Parking violations; liability for towing fine, rental car .................. SB 182 Rehabilitation Technology Center Study Committee; create .......... SR 126 Special Olympics Program; commend participants ..................... SR 124 Surrogate parent; immunity from liability ............................ SB 121

HAPPY HOUR; Alcoholic beverages; prohibit 2 for 1 sales, awards, contests .................................................. SB 258

HARRIS, ED; Commend as Chairman of Education Review Commission . SR 238

HARRIS, GOVERNOR JOE FRANK Address joint session .................................... Pages 59, 78, 2835 Communications from ......................... Pages 24, 355, 555, 950, 1968

HARRIS, ROY V.; Condolences .................................... SR 127

HARRIS, SENATOR W.F. BILLY; Excused

Page 113

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HART COUNTY; Industrial Building Authority; continue in force ....... HB 1003
HAYNES, WILLIAM DEO; Condolences ............................. SR 183
HAZARDOUS MATERIALS Emergency Response Advisory Council; create ......................... HR 27 Hazardous Waste Management Act; amend Code, create trust fund . . HB 168 Immunity from liability for aid in mitigating damage .................. HB 153 Railroads; hauling hazardous material, caboose required ................ SB 242 Transportation; urge Congress strengthen laws ........................ SR 187 Transporting; private carriers, safety regulations. ...................... HB 507 Transporting; Public Service Commission regulate ..................... SB 214 Transporting; Public Service Commission regulate ..................... HB 917
HAZLEHURST, CITY OF; Commissioners; election wards .............. HB 1069
HEAD-INJURED PERSONS; Reporting procedures, requirements ........... HB 3
HEALTH CARE FACILITIES (Also See Health or Hospitals or Nursing Homes) Living wills; prepared for residents only on request .................... SB 191
HEALTH (Also See Mental Health or Hospitals or Human Resources) Abortion; disposal of fetuses; reporting requirements ................... HB 683 Alcoholics, drug abusers; confidentiality of clinical records .............. HB 793 Ambulatory surgical centers; nonaccidental patient injuries ............. HB 250 Boxing and Wrestling Commission, State; licensing ..................... HB 39 Breast cancer booklet; physicians distribute to patients .............. HB 615 Cancer Advisory Committee; membership ............................. HB 13 Chiropractors; change scope of practice .............................. HB 156 Community care services; agencies authorized to serve ................. SB 233 County boards; certain fees, consolidated governments exempt........... SB 134 County boards; create by local ordinance, counties of 550,000........... SB 221 County boards; employees retirement, counties of 550,000 .............. SB 223 County boards; personal care homes, inspections ...................... HB 461 County boards; tuberculosis cases, hospitalization procedures ............ HB 366 CPR, cardiopulmonary resuscitation; encourage school programs ......... SR 160 Day Care Centers, Children; licensing, criminal record check, employees. . HB 462 Death certificate; filed with voter registrar in county of residence ........ HB 659 Drug abuse treatment and education programs; licensing ............... SB 219 Emergency care; services, costs for elderly, indigent, pregnant women ... SB 132 Emergency medical service; unpaid physician, liability immunity. ........ SB 201 Environmental service fees; consolidated governments exempt ........... SB 134 Eye banks; conditions for eye removal ............................ SB 85 Fulton County Health Board; create by local ordinance, powers ......... SB 221 Handicapped children; special education services ....................... SB 21 Handicapped children; special services .............................. SB 22 Head-injured, spinal cord disabled; reporting procedures .................. HB 3 Health Planning Agency; adoption of rules, legislative overview.......... HB 484 Health spas; regulations, definitions, bond requirements ................ HB 370 Hospice care; patient death, post-mortem exemptions .................. SB 200 Hospital authorities; property sales, local referendum ................... SB 56 Hospitals; emergency care and costs, elderly, indigent, pregnant women . . SB 132
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HEALTH (Continued) Hospitals; indigent care reports to Health Planning Agency ............. HB 483 Human body; unlawful to sell or buy................................ SB 146 Insect Sting Emergency Treatment Act; Human Resources administer. ..... SB 5 Insurance, Private Long-term Care, Study Committee. ................. SR 128 Insurance; providers, jurisdiction, disclosure. .......................... HB 456 Kidney disease control; Human Resources, powers and duties ........... HB 645 Living wills; nursing homes prepare only on resident's request........... SB 191 Mental health; separate from Retardation and Developmental Disabilities . SB 176 Mentally ill; repeat patients, hospitalization, treatment ................ SB 153 Mentally incompetent; sterilization procedures ........................ SB 110 Mentally retarded; emergency treatment, evaluations................... SB 152 Nurses; Senate Insurance Committee study third party reimbursement . . . SR 164 Personal Care Homes; county health boards, check of employees, licensing....................................................... HB 461 Pregnant women; emergency care for indigents........................ HB 487 Pregnant women; emergency care for indigents........................ HB 484 Psychologists' assistants; privileged communications rule ................. SB 37 Public nuisance; abatement procedures, Fulton, DeKalb counties......... HB 407 Respiratory Care Practices Act; licensing ............................ SB 32 Respiratory care practices; licensing, regulations. ...................... HB 615 Scoliosis screening, public schools; approval not required ............... SB 165 Surgery, medical treatment; informed consent, patient's rights........... SB 128 Tuberculosis; suspected cases, hospitalization procedures................ HB 366
HEARD COUNTY Commissioner; compensation ....................................... HB 320 Education Board; election districts ................................. HB 1088 Probate Court Judge; compensation ................................. HB 322 Sheriff; compensation ............................................. HB 323 Superior Court clerk; compensation ................................. HB 324 Tax Commissioner; compensation ................................... HB 321
HELEN, CITY OF; New charter ..................................... HB 451
HENDERSON, ZACH S.; Condolences ................................ SR 36
HENRY COUNTY Ad valorem tax exemption, freeport; continue in force ................. HB 771 Commissioners; monthly financial statements, yearly audit .............. HB 774 Community Improvement Districts; create ............................ HB 994 Development Authority; continue in force ............................ HB 767 Development Authority; members, salary and expenses ................. HB 726 Education Board; continue in force .................................. HB 768 Education Board; election of members, residency requirements .......... HB 993 Probate Court Judge; nonpartisan election............................ HB 773 Racetracks; excise tax on activities authorized ........................ HB 766 Water and sewer tax, bond guarantee; continue in force................ HB 772 Water and Sewerage Authority; members, other public office ........... HB 769 Water, sewerage services; bonding authority, continue in force .......... HB 770
HESSELBEIN, FRANCES; Commend................................ SR 140
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INDEX

HICKS, MARVIN W. "CAP"; Elected Sergeant at Arms ................ Page 24
HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation) Bids on contracts; denied after trade restraint conviction ............... HB 940 Contracts; highway projects, bidding procedures ....................... SB 148 Contracts, public works; exemption from progress payments.............. SB 91 Corridor Z Highway, Columbus to Brunswick, Name Study Committee, joint; create .................................................... SR 118 Designate Antebellum Trail; highways via Athens, Milledgeville and Macon ................................................ HR 52 Designate Antebellum Trail; via Athens, Milledgeville and Macon ........ SR 31 Designate bridge in Murray County for Charlie Kendrick .............. HR 200 Designate bridge in Murray County for I.M. Peeples ................... SR 33 Designate bridge over Chattahoochee, Roswell, for Archie Lindsey........ HR 21 Designate bridge over Lake Lanier for Richard B. Neville .............. HR 174 Designate bridge over Little River, Eatonton, for Horace Layson .......... SR 6 Designate bridge over Ogeechee, Bulloch County for Captain William Cone ..................................... HR 236 Designate bridge over Ogeechee, Bulloch County as Doctors Floyd Bridge .......................................... HR 235 Designate bridge over Southern Railway, Gordon, for Walter A. Scott ... HR 24 Designate Corridor Z highway, Columbus to Macon, as Jimmy Carter Parkway ....................................................... HR 55 Designate North Rome Connector as Veterans Memorial Highway ...... HR 101 Federal Government; urge increased loads allowed dump trucks ......... SR 226 Hazardous materials; Emergency Response Advisory Council............. HR 27 Hazardous materials; private carriers, safety regulations ................ HB 507 Hazardous materials; Public Service Commission regulate .............. SB 214 Hazardous materials; transporting, PSC regulate ...................... HB 917 Railroad crossing; relocation, closing, prior public notice. ............... HB 123 Roadside vendors; urge local governing authorities to regulate ........... HR 154 Sales tax; counties, local option one percent for roads .................. HB 281 Tandem Trailer Access to Public Roads Study Committee............... HR 74 Transportation Department; one bid received on contract, procedures ... HB 705 Transportation Study Committee; create ............................. SR 253 Trucks; flat-bed van carriers, length limitations, signs .................. HB 692 Trucks, secured loads, cover to prevent spillage ........................ SB 99
HILL, ANGELA; Commend .......................................... SR 67
HISTORICAL SITES; University of Georgia campus; erect marker at Toombs Oak .............................. HR 199
HOLIDAYS; Law Enforcement Officer Appreciation Day; declare ........ SB 253
HOMECOMING, GEORGIA IN 1988; Provide for recognition ........ .HR 406
HOOPER, FRED W.; Commend, Georgia Sports Hall of Fame. ....... SR 149
HOSPICE CARE; Patient death; post mortem exemptions ................ SB 200
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INDEX

2947

HOSPITALS (Also See Health or Human Resources) Abortion; disposal of fetuses, reports to Human Resources .............. HB 683 Alcoholics, drug abusers; confidentiality of clinical records .............. HB 793 Ambulatory surgical centers; nonaccidental patient injuries ............. HB 250 Authorities; local referendum before property sales ..................... SB 56 Emergency care and costs; elderly, indigent, pregnant women ........... SB 132 Fire safety inspections ............................................. SB 114 Human body; unlawful buy or sell .................................. SB 146 Mentally ill; alcoholics, drug dependent, involuntary treatment ............ SB 6 Mentally ill; patient transfers to state-owned facility ..................... HB 5 Mentally ill; patients in state institutions, cost of care. ................. HB 658 Mentally ill; repeat patients, hospitalization, treatment ................. SB 153 Mentally retarded persons; emergency treatment, evaluations, habilitation . SB 152 Missing persons; state institutions, reporting ........................... SB 84 Pregnant women; emergency care for indigents........................ HB 484 Pregnant women; emergency care, cost of services ..................... HB 487 Reports on indigent care to Health Planning Agency .................. HB 483 Sales tax; local option levy, proceeds used for hospitals. ................ HB 170 Surgical treatment; informed consent, patient's rights .................. SB 128 Tuberculosis, suspected cases; procedures ............................. HB 366
HOUSE OF REPRESENTATIVES Budget, maintenance, supplies; change certain provisions ............... HB 776 Notify Senate House of Representatives has convened.................... HR 1 Reapportionment; districts 15, 16, 77, 81, 105 and 107 ................ HB 684
HOUSING (Also See Buildings and Housing) Manufactured; Sales Finance Act, charges, lawsuits ................... HB 452 Public; fraudulently obtaining, penalty provisions ....................... HB 30 Residential Finance Authority; credit unions approved lenders ........... HB 372 Residential Finance Authority; definitions, bond limit .................. HB 502 Urban Residential Finance Authority, Atlanta; powers, loans, bonds ..... HB 640
HOUSTON COUNTY Development Authority; continue in force ............................ HB 930 Education Board; grants to handicapped, continue in force.............. HB 928 Governing Authority; branch offices, continue in force. ................. HB 927 Houston Judicial Circuit; judges, compensation. ...................... HB 1102 Special Court; continue in force .................................... HB 929
HUMAN BODY; Sale or purchase unlawful .......................... SB 146
HUMAN RESOURCES COMMITTEE; Senator Kidd act as Chairman . . . Page 223
HUMAN RESOURCES Abortion; disposal of fetuses, reports to Department ................... HB 683 Adoption services; interstate reciprocal agreements. .................... HB 200 Child abuse, sexual; urge protection of victims, coordinate resources ..... SR 199 Child Support Recovery Act; federal requirements..................... HB 155 Child support; enforcement, garnishment, insurance, foster care, taxes .... SB 241 Commissioner; salary set by law .................................... HB 585
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2948

INDEX

HUMAN RESOURCES (Continued) Community care services; agencies authorized to serve ................. SB 233 Criminal cases; insanity defense, custody, evaluations .................. SB 129 Day care centers; fire safety regulations.............................. HB 369 Day care centers; licensing, criminal record check of employees ......... HB 462 Drug abuse assessment programs; DUI cases participate ................ SB 29 Drug abuse treatment and education programs; licensing ............... SB 219 Emergency health care; services, costs for elderly, indigent, pregnant women ................................................ SB 132 Family and Children Services; district directors, study committee ........ SR 254 Fire safety standards; personal care homes ............................. HB 2 Handicapped children; Department, special services ..................... SB 22 Head-injured, spinal cord disabled; reporting, rehabilitation ............... HB 3 Insect Sting Emergency Treatment Act; Department administer ........... SB 5 Juvenile proceedings; youth tried as adult, felony cases, custody .......... HB 14 Juveniles; disturbed delinquents, urge interstate coordination ............ SR 188 Kidney disease control; Human Resources, powers and duties ........... HB 645 Medicaid; eyeglass program, urge use of in-state provider .............. SR 197 Medicare and Medicaid providers; recognize .......................... SR 234 Personal care homes; licensing ...................................... HB 461 Pregnant women; cost of indigent emergency care, duties of department . . HB 487 Pregnant women; indigent emergency care, duties of Department ........ HB 484
HUMBER, WILLIAM M., JR.; Condolences .......................... SR 108
HUNTING (Also See Game and Fish) Landowner's permission required; enforcement ........................ SB 215
HYDER, COACH; Valdosta High football team; commend ........... SR 28

ILA, CITY OF; Mayor; term of office ................................. HB 504
INCOME TAX (Also See Revenue and Taxation) Depreciation allowances, property; definitions, federal income ........... SB 277 Federal Solar Energy Tax Credit; urge extension ...................... HR 276
INDEMNIFICATION; Peace officer, fireman, prison guard killed; time to apply ............................................................ SB 53
INDEPENDENT INSURANCE AGENT'S DAY; Proclaim February 14th ............................................. SR 133
INDIGENT PERSONS Burial by county; payment provisions ................................ HB 546 Civil practice; action filed without attorney, judge prior review ........... HB 91 Emergency health care; requirements, cost provisions .................. SB 132 Hospitals; reports to Health Planning Agency......................... HB 483 Pregnant women; emergency care, cost of services ..................... HB 484
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INDEX

2949

INDIGENT PERSONS (Continued) Pregnant women; emergency care, cost of services ..................... HB 487 Probation; pretrial release, programs, eligibility ....................... SB 192
INDUSTRIAL AUTHORITY, GEORGIA; Revenue bonds; provisions relating to local governments ....................................... SB 269
INDUSTRY AND TRADE DEPARTMENT Building Authority; contracts, parking at World Congress Center ........ HB 587 Commissioner; salary set by law .................................... HB 585 Economic tourism development; powers ............................... SB 11 Tandem Trailer Access to Public Roads Study Committee ............... HR 74
INFANT MORTALITY, SOUTHERN REGIONAL TASK FORCE; Commend ....................................................... SR 222
INITIATIVE PETITION Statutes; constitutional amendments enacted by people, procedure ........ SR 47 Statutes; constitutional amendments enacted by people .................. SR 30
INJURIES Ambulatory surgical centers; report nonaccidental injuries .............. HB 250 Head-injured persons; reports......................................... HB 3
INSANITY DEFENSE; Criminal procedure; guilty but mentally ill ...... SB 129
INSECT STING EMERGENCY TREATMENT ACT; Enact: Human Resources Department administer ..................... SB 5
INSTALLMENT SALES AND HOME SOLICITATION ACT; Public and private colleges exempt ............................................ HB 438
INSURANCE African Development Bank; investment in securities authorized ........... HB 82 African Development Bank; investment in securities authorized .......... SB 144 Amend various Code sections....................................... SB 257 Blind persons; discrimination in coverage unlawful..................... SB 204 Commissioner; powers and duties, insurers insolvency pool .............. HB 695 Commissioner; salary provisions ..................................... HB 270 Commissions; change provisions ..................................... SB 257 Correctional Industries; coverage under state programs ................. HB 358 Courts; State liability coverage for judges, employees .................... SB 2 Examinations; investigations, insurer pays costs ....................... SB 257 Fees; change certain filing and application fees. ....................... HB 560 Foreign, direct response, mail order insurers; requirements .............. HB 272 Fraud; define crime, penalties ...................................... SB 131 Governmental Liability Commission; study immunity from liability ... HR 171 Group health; cancellation notices, grace period ........................ SB 60 Group life policies; coverage limitation for dependents ................. HB 832 Group life; installment payments, extend time for one sum payment ...... HB 81 Health care providers; Department's jurisdiction....................... SB 131 Health care providers; jurisdiction, disclosure ......................... HB 456
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2950

INDEX

INSURANCE (Continued) Independent Agent's Day; proclaim ................................. SR 133 Insurers Insolvency Pool and Solvency Board; provisions................ HB 695 Liability; State coverage, lower court judges, employees .................. SB 2 Mail-order insurers, out of state; requirements ........................ HB 272 Major medical policies; other insurers, excess payments allowed ......... SB 235 Motor vehicle; higher coverage upon DUI conviction .................... SB 38 Motor vehicle; local governments, court cases, testimony. ............... SB 125 Motor vehicle; operating without insurance, penalties .................. HB 240 Motor vehicle; repeal certain proof requirements ....................... SB 64 Motor vehicle; salvage, rebuilt, title requirements....................... HB 45 Motor vehicle; self-insurance, bus, limousine, taxicab companies ......... HB 665 Motor vehicle; spouse, coverage provisions ............................ HB 346 Motor vehicle; urge reduced rates young, nondrinking drivers ............ SR 81 Nurses; Senate committee study third party reimbursement ............. SR 164 Premium finance companies ........................................ SB 257 Private Long-term Care Insurance Study Committee; create ............ SR 128 Product liability insurers; reports required ............................ HB 357 Property; unclaimed, abandoned, disposition procedures ................ SB 140 Rates; premium deviations, filing procedures, Commissioner's powers .... HB 747 Reserves; requirements, accident and sickness policies .................. SB 257 State Employee Benefit Plan; create ................................. SB 113 Surplus line brokers; bonds, financial requirements, licensing ............. HB 56 Unclaimed funds; liquidations, disposition, powers ..................... SB 257 Workers' Compensation; repayment to providers. ...................... SB 160 Workers' Compensation; repayment to providers. ...................... SB 161
INTEREST (See Banking and Finance)
INVESTMENT TRUSTS; Fiduciaries' authority ..................... SB 112
IRAN; Condemn government persecution of Bahai religious faith.......... HR 281
IRWIN COUNTY Commissioners; chairman, members, secretary, compensation ............ HB 961 Sheriff; employees, compensation .................................... HB 960
IRWINTON, TOWN OF; Name change, appoint chief of police ........... HB 814
ISLANDS, CITY OF; Incorporate; provide charter .................... HB 906
IVEY, TOWN OF; Elections; change procedures ................... HB 813

JACKSON COUNTY; Commissioners; compensation .................... HB 782

JEFF DA VIS COUNTY; Education Board; election districts ............. HB 1039

JEFF DAVIS HIGH SCHOOL DRAMA TEAM; Commend

SR 195

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INDEX

2951

JEFFERSON COUNTY; Tax Commissioner; change compensation ......... HB 443
JESUP, CITY OF; Mayor, commissioners; election, compensation.......... SB 270
JOHNSON COUNTY Dublin Judicial Circuit; judges, salary supplement..................... HB 592 Probate Court; judge, clerical assistance ............................. HB 951
JOHNSON, BEN F.; Recognize...................................... SR 155
JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM; Benefits for part-time employees ............................................... HB 425
JOINT SESSION General Assembly; Education message by Governor...................... HR 5 General Assembly; invite Supreme and Appellate Court justices ........... HR 7 General Assembly; State of the State and Budget message by Governor .... HR 6
JONES COUNTY; Education Board; chairman, dates of service ........... HB 606
JONES, GENERAL ALBERT B.; Express appreciation ......... SR 259
JONES, WILBUR P.; Condolences ......................... SR 210
JOSEPH, RUPERTO, AND CARIDAD PALOMARES LOPEZ; Commend ....................................................... SR 236
JUDGES (Also See Courts) Probate Court; service as magistrate, salary ........................... SB 73 Probate Courts; minimum compensation ............................. HB 343 State Court Emeritus; issue arrest warrants if authorized ............... HB 231 Superior and State Courts; delete nonpartisan elections. ................ SR 182 Superior Court Judges Council of Georgia; create .................... SB 95 Superior Court Judges Retirement; creditable service .................. SB 103 Superior Court Judges Retirement; spouse's benefits ................... SB 174 Superior Court Judges Retirement; spouse's benefits ................... SB 180 Superior Court Judgeships Study Committee, joint, create .............. HR 106 Supreme, Superior, Appeals Courts; salary ........................... HB 270 Vacancies; Governor, authority to appoint interim judge ................. HB 88
JUDGMENTS; Uniform Enforcement of Foreign Judgments Law ......... SB 164
JUDICIAL CIRCUITS Blue Ridge Circuit; change Forsyth County terms ...................... HB 37 Cherokee Circuit; investigator, compensation.......................... HB 637 Cherokee Circuit; judges, salary supplement .......................... HB 635 Clayton Circuit; court reporters, compensation ....................... HB 1062 Clayton Circuit; district attorney, salary supplement .................. HB 1014 Clayton Circuit; judges, salary supplement .......................... HB 1012 Cobb Circuit; investigators, appointment., salary ....................... HB 837 Cobb Circuit; judges, retirement payments ........................... SB 285 Court administrator; employment provisions .......................... HB 144 Court administrator; employment provisions ........................... SB 24
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2952

INDEX

JUDICIAL CIRCUITS (Continued) Dublin Circuit; judges, salary supplement by counties .................. HB 592 Law clerks; compensation ........................................... SB 83 Northeastern Circuit; additional judge ............................... SB 186 Ocmulgee Circuit; court reporters, expense allowance .................. SB 172 Pataula Circuit; Assistant DA serve, Early County solicitor ............ HB 946 Piedmont Circuit; additional judge ................................. SB 264 Rome Circuit; district attorney, investigators.......................... HB 979 Superior Court Judgeships Study Committee; circuit reapportionment .... HR 106 Waycross Circuit; judges, counties supplement salary .................. HB 486
JURIES Boards of commissioners; members, succeed themselves. ................ HB 101 Composition, procedure; superior and state courts ...................... SB 48 County grand; inspection duties, delete DA requirements ............... SB 119 Elderly persons, request for removal from list......................... HB 157 Selection procedures, requirements, state and superior courts............. HB 85
JUVENILE JUSTICE COMMISSION; Create to study juvenile justice system .......................................................... SB 203
JUVENILE JUSTICE EQUALIZATION TASK FORCE; Membership, duties ........................................................... SB 222
JUVENILE PROCEEDINGS (Also See Courts or Minors) Delinquent, deprived child; detention hearings, placement............... HB 185 Probation workers; state subsidy to employ, certain counties ............ SB 222 Youth Services; urged coordinate services, disturbed delinquents ......... SR 188 Youthful Offender Act; definitions, procedures ........................ SB 157

K

KAUFMANN, DR. JAMES A.; Commend ............................. SR 87 KAUFMANN, DR. JAMES; Doctor of the Day program ................ Page 33 KEEN, FLOYD; Compensate ...................................... HR 119 KENDRICK, CHARLIE; Designate bridge in Murray County in honor . .... HR 200 KENNEDY, SENATOR JOE; Elected President Pro Tempore of Senate . . Page 23 KESSLER, DR. W. D.; Support in seeking U.S. citizenship ............. SR 100 KIDNEY DISEASE ADVISORY COMMITTEE; Membership; Human
Resources, powers ................................................ HB 645 KING, ANGELA; Commend ........................................ SR 66 KINGSLAND, CITY OF; City Manager; create office.................... HB 691
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INDEX

2953

KITE, TOWN OF; Councilmen; change number ........................ HB 954

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation) Amusement Ride Safety Act; enact ................................. SB 102 Appropriation; funds credited to Unemployment Trust Fund ............ HB 265 Boiler, Pressure Vessel Safety; Department powers, inspections ........... SB 14 Commissioner; salary provisions ..................................... HB 270 Correctional Services Division; remove statutory provisions ............... SB 12 Department; property conveyances, disposition of county offices ........... HR 91 Elevators, escalators; registration, inspections .......................... SB 15 Employees; hourly wage earners, no fringe benefits .................... HB 681 Employment Agency Advisory Council; change termination date.......... SB 10 Employment Security Agency; remove statutory provisions ............... SB 12 Employment Security Law; appeals provisions ........................ HB 331 Employment Security Law; redefine wages, workers' compensation ....... HB 412 Employment Security Law; taxable wage base, weekly benefits .......... HB 411 Unemployment benefits; denied teachers between school terms.......... HB 266 Unemployment compensation claims; processing, payment .............. HB 485 Workers' Compensation; benefit provisions, requirements ............... SB 160 Workers' Compensation; hearings, dismissal procedures................. SB 162 Workers' Compensation; repayment to insurance providers .............. SB 161 Workers' Compensation; Subsequent Injury Trust Fund ................ HB 764 Workers' Compensation; time for payment of benefits .................. SB 163
LAFAYETTE, CITY OF; Officials; vacancies, mayor's power, elections ..... SB 245
LA GRANGE, CITY OF: Corporate limits; extend ........................................... HB 100 Downtown Development Authority; change limits...................... SB 171
LAMAR COUNTY Commissioners; membership ....................................... HB 1048 Magistrate Court; collections for law library fees ...................... HB 987
LAND, SENATOR TED; Excused .................................. Page 1135
LANDRUM, HONORABLE PHIL; Former congressman, remarks .... .Page 1577
LANDRUM, PHIL; Former Congressman, commend .................... SR 177
LANIER COUNTY Commissioners; composition of board ................................ HB 727 Education Board; election of members ............................... HB 733
LANIER, JULIE B.; Commend ................................. SR 113
LANIER, JULIE B.; State Teacher of the year; introduction ............ Page 637
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2954

INDEX

LANIER, SIDNEY; Committee to implement placing marble bust in State Capitol ..................................................... SR 44

LARSON, DAVID; Commend on Olympics ............................. SR 99

LAURENS COUNTY Dublin Judicial Circuit; judges, salary supplement..................... HB 592
Tax Commissioner; compensation .................................. HB 1067

LAW CLERKS; Superior courts; reimbursement to counties for salaries ..... SB 83

LAW ENFORCEMENT OFFICERS AND AGENCIES Appreciation Day; designate in February............................. SB 253 Building Authority, Georgia; police, security provisions ................. SB 155 Domestic relations court order; arrest powers for contempt. ............. SB 181 Drug trafficking; penalties, GBI Cocaine Task Force ................... SB 147 DUI; driver improvement clinics ..................................... HB 90 Indemnification; time for application. ................................. SB 53 Law Enforcement Officer Salary Incentive Study Committee; create ..... SR 201 Missing persons; state institutions, definitions, reporting ................. SB 84 Peace Officer Standards and Training Council; powers and duties........ HB 464 Post-Mortem Examination Act; duties at death scene .................. SB 190 Public Safety Department; accept donations, conveyances ................ HB 58 Sheriffs Retirement Fund; board membership ........................ HB 165 Sheriffs; enforcement, hunting on land of another ..................... SB 215 Sheriffs; fees, subpoenas, investigations of corporations ................. HB 171 Sheriffs; minimum annual salary, service in other courts................ SB 43 Sheriffs; tax collectors as ex officio, consent .......................... HB 761 Sheriffs' Retirement Fund; options, actuarial tables .................... HB 398 State Patrol, Uniform Division; special clothing allowance .............. HB 362 Stone Mountain Memorial Association; police powers .................. SB 133 Weapons; deemed abandoned, disposition ............................. HB 303 Witness fees; DUI driver's license suspension hearing ................... SB 30

LAYSON, HORACE "GUS"; Designate bridge over Little River, Eatonton, in honor ........................................................... SR 6

LAZENBY, RICHARD C.; Commend for GOAL award

SR 125

LEASE-PURCHASE AGREEMENTS; Regulations, definitions ............ HB 378

LEE COUNTY; Commissioners; recreate Board ........................ HB 836

LEGAL ADVERTISEMENTS; Publishing rates .......................... SB 78

LEGAL SERVICES; Insurance; prepaid plans, reports ................... SB 257

LEGGETT, JAY; Commend .......................................... SR 97

LEGISLATIVE COUNSEL; Social security payments .................... HB 498

LEGISLATIVE OVERVIEW Agricultural Exposition Authority Overview Committee ................ HB 254

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INDEX

2955

LEGISLATIVE OVERVIEW (Continued) Consumer's Utility Counsel; annual report. ............................ HB 89 General Assembly; Merit System proposed regulations .................. HB 77 General Assembly; veto of proposed State agency rules.................. SR 46 Local Constitutional Amendments Overview Committee ................ HR 170 Rail Passenger Authority Law ...................................... HB 172
LEGISLATIVE RETIREMENT SYSTEM Abolish 1986 ................................................... SB 143 Creditable service............................................. HB 252 Creditable service................................................. SB 105 Increase benefits .................................................. SB 120
LEGISLATIVE SERVICES COMMITTEE Documents, Senate and House; distribution, fees ...................... HB 111 General Assembly budget, maintenance, supplies; requirements .......... HB 776 General Assembly members; expense allowance provisions .............. HB 229 Legislative Counsel; social security payments ......................... HB 498 Retirement Systems; urge comparative analysis of local systems ......... HR 102
LESTER, JAMES L.; Former state senator, commend................... SR 215
LESTER, WILLIAM M.; Condolences .............................. SR 24
LIABILITY OF GOVERNMENT; Governmental Liability Commission; create........................................................... HR 171
LIBEL ACTIONS; Publications; retractions, evidence ..................... SB 77
LIBRARIES Atlanta in DeKalb County; special district, ad valorem tax ............. HB 915 County law libraries; municipal courts collect fees ..................... HB 542 Voter registration; librarians serve as registrars ....................... HB 190
LICENSE PLATES (Also See Motor Vehicles and Traffic) Lost, reporting; special tags, define former prisoners of war ............. HB 134 Payment; checks made payable to county office ....................... HB 404 Prestige plates; fee, county decal, consular corps tags ................... HB 43 Special issue to commemorate founding of Emory University............ HB 235 Time for payment; certain counties................................... SB 97 Time for payment; staggered ........................................ SB 96
LIE DETECTOR TESTS; Polygraph examiners; licensing ................. SB 19
LIENS Abandoned motor vehicles; procedures ............................... HB 130 Foresters; lien on real estate for services, procedures ................... HB 191 Mechanics', materialmen's, priorities, farm equipment.................. HB 239 Property; court clerk record name and address when filing............... SB 66 Secured transactions; financing statements, requirements. ............... HB 712
LIEUTENANT GOVERNOR Address Senate............................................. Pages 33, 2828
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2956

INDEX

LIEUTENANT GOVERNOR (Continued) Salary provisions ................................................. HB 270 Stone Mountain Memorial Association; change membership............. SB 205 Zell Miller Corporate Conference Center in World Congress Center; designate ....................................................... HR 50

LIFE IMPRISONMENT SENTENCE Parole prohibitions ................................................. SR 83
Parole; eligibility limited, certain cases................................ SB 49

LINCOLN COUNTY; Commissioners; chairman, compensation .......... HB 933

LINDBERGH, CHARLES A.; Historical marker honoring; place in Americus ................................................. HR 20

LINDSEY, ARCHIE L.; Designate bridge; Roswell over Chattahoochee River in honor.......................................................... HR 21

LITTLE, VIRGINIA F.; Commend............................ SR 205

LIVING WILLS; Health care facilities prepare only at request of resident . . SB 191

LOANS (Also See Banking and Finance) Industrial Loan Act; colleges and universities exempt .................. HB 437 Medical education; repayment, cancellation provisions .................. HB 622 Motor vehicle, mobile home sales; finance charges ..................... HB 452

LOBBYISTS; Registered ............................ Pages 126, 555, 564, 1147

LOCAL CONSTITUTIONAL AMENDMENTS OVERVIEW COMMITTEE, JOINT .......................................................... HR 170

LOCAL CONTESTED CALENDAR, SENATE

Page 1143

LOCAL GOVERNMENT (Also See Counties or Municipalities) Ad valorem tax; bills, notices, information to taxpayer required ......... HB 125 Audits; change certain requirements ............................... SB 228 Bonds; issued to finance certain public facilities ........................ SR 92 Bonds; proceeds invested in authorized institutions..................... SB 262 Bonds; state plan allocating to local governments, ceiling ................ HB 95 Bonds; water-sewer projects, leases, State Development Authority........ SB 269 Counties; governed by single commissioner, minimum salary ............ HB 453 County grand juries; inspection duties, delete provisions ................ SB 119 County officers; effective date of general laws increasing salary .......... HB 625 Debt; authorized to incur short-term indebtedness, referendum ........... SB 28 Debt; counties, cities, limited short-term debt, certain cases .............. SR 12 Development Authority, State; bonds, leases, water-sewer projects ....... SB 269 Governmental Liability Commission; study immunity from liability ..... . HR 171 Hospital authorities; property sales, local referendum ................... SB 56 Insurance, motor vehicle; court cases, testimony ....................... SB 125 Law libraries, counties; municipal courts collect fees ................... HB 542

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INDEX

2957

LOCAL GOVERNMENT (Continued)

Magistrate court; cash bonds for ordinance violations .................. SB 123

Municipal annexation; landowners petition, Atlanta exemption. .......... SB 150

Municipal courts; impose sentence of community service ............... HB 474

Municipal courts; motor vehicle emissions violations ................... HB 465

Municipal courts; motor vehicle insurance violations ................... HB 240

Municipal water, sewage systems; fees, service made available

.... HB 501

Municipalities; airport land owned, ad valorem tax exemption ........... HB 632

Municipalities; officials, four-year terms set by ordinance ................. SB 3

Newton County Development Authority; correct population figures ....... HB 607

Political contributions; county, city officers, unlawful to coerce others . HB 128

Prison inmate; death without physician, notification to GBI ............. SB 217

Railroad crossings, relocation; prior public notice ...................... HB 123

Redevelopment Powers Law; enact .................................. HB 430

Retirement systems; urge comparative analysis of conditions ............ HR 102

Sales tax; local option one percent for roads, public facilities............ HB 281

Sales tax; local option to finance public facilities ....................... SR 25

Sales tax; local option, one percent special purpose ^ ................... HB 170

Tax collectors, counties; payment, reports of collections ................ SB 209

Tax commissioners, counties; qualifications, terms of office ............... HB 75

Used car dealers; licensing requirements ............................. HB 494

Zoning procedures law; powers and duties of counties, cities ............. HB 51

Zoning procedures; counties, municipalities of certain population......... HB 325

LONG COUNTY; Commissioners; change compensation .................. HB 818

LOPEZ, CARIDAD PALOMARES, AND RUPERTO JOSEPH; Commend ................................................ SR 236

LOTTERIES Chain letter, pyramid club; definition, penalties ........................ SB 62 Equipment, materials; manufacture, sale for out-of-state use ........... HB 99

LOWNDES COUNTY Commissioners; compensation....................................... HB 544 Education Board; continue in force .................................. HB 551 Historical property tax exemption; continue in force .................. HB 107 Homestead exemption; continue in force ............................. HB 104 Occupational tax, unincorporated area, continue in force ............... HB 102 Peddlers' licenses; continue in force ................................. HB 106 Street tax assessment to property owners; continue in force ............. HB 105 Tax administration merged with Valdosta, continue in force ............ HB 108 Tax Assessors Board; continue in force .............................. HB 548 Valdosta-Lowndes County Industrial Authority; continue in force ........ HB 304

LYONS, CITY OF Development Authority; continue in force ........................... HB 1040 Mayor, Council; election ........................................... HB 327
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2958

INDEX

M

MACON COUNTY Commissioners; membership, election districts......................... SB 236 Education Board; membership, elections, vacancies .................... SB 250 Industrial Building Authority; continue in force ....................... SB 184
MACON, CITY OF Corporate limits; change ........................................... HB 785 Macon-Bibb Consolidated Government; provide ....................... HB 734 Macon-Bibb Industrial Authority; additional members ................. HB 553 Macon-Bibb Water and Sewerage Authority; projects ................. HB 1072 Macon-Bibb Water and Sewerage Authority; retirement plan .......... HB 1068
MADISON COUNTY Commissioners; salaries, expenses, vehicles ........................... HB 903 Education Board; continue in force .................................. HB 895 Industrial Development and Building Authority; membership ............ HB 899 Industrial Development Authority; continue in force ................... HB 894 Officials; change compensation, certain officers ........................ HB 897 Sheriff; provide annual salary ...................................... HB 898
MAGISTRATE COURT JUDGES COUNCIL; President; member of training council .................................................. SB 156
MAGISTRATE COURTS Attorney who is magistrate; restrictions on practice of law.............. HB 651 Cash bonds for ordinance violations ................................. SB 123 Default judgments; appeals procedure. ............................... SB 247 Default judgments; relief procedures ................................. SB 248 Judges; elections, suspensions, service of process ....................... SB 156 Judges; training requirements, exemptions ............................ HB 653 Performance bonds; clerks authorized sign summons .................... SB 88 Postjudgment discovery ............................................ SB 87 Postjudgment discovery; interrogatories, certain cases .................. SB 239 Probate Judge; service as magistrate, salary ........................... SB 73 Service of process. .................................................. SB 7
MAHAFFEY, MIKE; Commend ...................................... SR 65
MARIETTA, CITY OF Annexation policy ................................................. SB 23 Annexation; change limitations ..................................... SB 229 Annexation; de-annex certain property .............................. HB 1009 Annexation; de-annex certain property ............................... SB 107 Cobb County community improvement districts; create ................. SB 237 Corporate limits; change ............................................ HB 72 Corporate limits; change .......................................... HB 1032 Downtown Development Authority; enlarge district ................... HB 1050 Downtown Development Authority; enlarge ........................... HB 956
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INDEX

2959

MARION COUNTY; Education Board; election of members ............. HB 1084
MARRIAGE (See Domestic Relations)
MARTA Board; additional members, one Fulton, two DeKalb residents............ HB 36 Repeal wage and benefit limits, non-union employees .................. SB 187
MARY PERSONS HIGH SCHOOL DEBATE TEAM; Commend ... SR 239
MATHIS, MINDY; Commend ....................................... SR 43
MAYOR'S DAY, GEORGIA; January 21, 1985. ..................... SR 55
McCALL, TOM; Commend ....................................... SR 89
McCLELLAN, SHAWN; Commend ........................ SR 77
McDUFFIE COUNTY; Tax Commissioner; change compensation .......... HB 654
McINTOSH COUNTY Industrial Development Authority; continue in force .................... SB 44 Industrial Development Authority; define project ..................... HB 109
McKENZIE, SENATOR LEWIS H. Excused ................................................ Pages 2311, 2704 Introduced Tommy Todd, National Jaycee President................. Page 1591
McWHORTER, HONORABLE HAMILTON, JR.; Elected Secretary of the Senate .................................................... Page 24
MEDAL OF HONOR, GEORGIA; Authorize creation to commemorate veterans ......................................................... SR 176
MEDICAL ASSISTANCE Commissioner; salary set by law .................................... HB 585 Department; reciprocal agreements with other states ................... HB 199 Medicaid eligibility; nursing home resident, homestead exempt .......... SB 198 Medicaid eyeglass program; urge use of in-state providers .............. SR 197 Medicaid fraud; definitions, actions against providers. .................. HB 543 Medicaid; urge Congress to reject cap of federal funds................. SR 229 Medicare and Medicaid providers; recognize .......................... SR 234
MEDICAL EDUCATION; Student loans, scholarships; repayment, cancellation ...................................................... HB 622
MEDICAL EXAMINERS (Also See Coroners) Dead bodies; duties at scene of death, autopsy fees .................... SB 190 Duties, fees; provisions on dead bodies ............................... SB 252
MEDICAL FACILITIES; Ambulatory surgical centers; nonaccidental patient injuries ................................................... HB 250
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2960

INDEX

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses) Chiropractors; change scope of practice .............................. HB 156 Malpractice; actions, time limits, object left in body ................... SB 170 Medical Examiners Board; breast cancer booklet, distribution ........... HB 615 Osteopathic colleges; student loans, primary care practice. .............. SB 185 Respiratory Care Practices Act; licensing ........................... SB 32 Surgical treatment; informed consent, patient's rights .................. SB 128
MENTAL HEALTH Alcoholics; treatment program, delay effective date of Code chapter. ....... HB 8 Alcoholics, drug abusers; clinical records; confidentiality ................ HB 793 Criminal cases; insanity defense, guilty but mentally ill ................ SB 129 Facilities Staffing Study Committee; create ............................. SR 7 Facilities Staffing Study Committee, joint; create ........................ SR 8 Hearing Officers; fees for court services ................................ HB 6 Mentally ill, alcoholic, drug dependent; involuntary treatment ............. SB 6 Patients, state institutions; cost of care provisions...................... HB 658 Patients, state institutions; missing person reports. ...................... SB 84 Patients, transfer from private to state-owned facility .................... HB 5 Repeat patients; hospitalization, treatment, procedures ................. SB 153 Retardation and Developmental Disabilities; separate state agency ....... SB 176 Retarded persons; court ordered examinations, procedures .............. HB 313 Retarded persons; emergency treatment, evaluations, habilitation ........ SB 152 Sterilization, mentally incompetent; procedures ........................ SB 110
MERCER UNIVERSITY LAW SCHOOL; Commend students; statutes of limitation report .............................................. SR 221
MERIT SYSTEM Audits; change certain provisions. ................................... HB 491 Commissioner; appointed by State Personnel Board ..................... SB 1 Commissioner; salary set by law .................................... HB 585 Employee benefit plan; administration ............................... SB 113 General Assembly review rules and regulations. ....................... SB 145 Labor Department employees; hourly wages, no benefits ................ HB 681 Professional Practices Commission; unclassified service ................. HB 388 Retirement; duties relating to computing unused leave credit............ SB 225 Retirement; duties relating to computing unused leave ................. SB 224 Rules, regulations proposed; legislative review required .................. HB 77 Study Committee; create ....................................... SR 181 Superior court secretaries; salary scale ........................ SB 61 Unclassified service; Personnel Board approve ........................... SB 8
MERIWETHER COUNTY Commissioners; election............................................ HB 581 Education Board; reconstitute ...................................... HB 580
MERRION, LUCIOUS, REVEREND; Commend ...................... SR 105
METTER HIGH SCHOOL TIGER BAND; Commend ................. SR 243
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INDEX

2961

MILITARY AFFAIRS (Also See Veterans) Air National Guard; Glynn County property lease to U.S............... SR 102 Cosmetologists; Shops on Base, registration requirements ............... SB 154 Elections; voter registration by post card .............:................ SB 68 Emergency management; deputy director, executive director ............ HB 693 Emergency management; deputy director, executive director ............ SB 213 Medal of Honor, Georgia; provide for design and striking .............. SR 176 Military personnel, DUI cases; driver improvement clinics ............... SB 18 Prisoners of war, missing in action; support release efforts .............. SR 190 State Defense Force; change name of Georgia State Guard ............. SB 202 State Defense Force; change name of Georgia State Guard ............. HB 565 Stockman, David, Budget Office; urge apology, pension remarks ...... SR 130
MILLEDGEVILLE, CITY OF City officials; dismissal provisions, terms of office .................. SB 117 Corporate limits; city officials, terms, vacancies in office ................ SB 260 Property conveyance ............................................... SR 96 Property conveyance ............................................... SR 10
MILLER, LIEUTENANT GOVERNOR ZELL Address Senate ............................................. Pages 33, 2828 Commend ........................................................ SR 40 Designate Corporate Conference Center in World Congress Center in honor ........................................................ HR 50
MILLER, LOTTIE; Commend .................... SR 20
MINING, SURFACE; Permits, bond requirements....................... HB 25
MINORS Adoption services; interstate reciprocal agreements..................... HB 200 Alcoholic beverages; age to purchase ................................. HB 21 Alcoholic beverages; purchase unlawful, penalties...................... HB 142 Attorneys fees; divorce, alimony cases, contempt of court orders ......... HB 11 Child abuse cases; urge Supreme Court set rules to coordinate .......... SR 189 Child abuse, sexual; urge protection of victims ........................ SR 199 Child Care Facilities for State Employees Study Committee ........ SR 116 Child Support Recovery Act; provisions required by federal law ......... HB 155 Child support; alimony, time provisions, revision of judgment ........... SB 211 Child support; enforcement, garnishment, insurance, foster care ......... SB 241 Child support; inmates, funds earned used for support ................. HB 120 Child support; paternity court cases, blood tests ....................... HB 907 Day care centers; criminal records check of employees, licensing......... HB 462 Day care centers; fire safety regulations.............................. HB 369 Day care centers; licensing, criminal check, employees ................. HB 461 Delinquents, disturbed; Youth Services urged coordinate services ........ SR 188 Education; surrogate parent, immunity from liability................... SB 121 Education; screening, remedial programs, children under 5 years ......... SB 80 Gift Act; redefine bank .............................. HB 373 Handicapped; Human Resources Department, special services ............ SB 22 Handicapped; special education services ......................... SB 21 Infants; civil practice next of friend actions, bond required ............. SB 234
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2962

INDEX

MINORS (Continued) Juvenile proceedings; detention hearings, time requirements ............. HB 185 Juvenile proceedings; youth tried as adult, felony cases, custody .......... HB 14 Legitimacy petitions; adoption, filing locations ........................ HB 907 Parental rights; termination provisions ............................... HB 175 Patient, state institution; missing persons reports ....................... SB 84 Personal care homes; licensing, criminal record check of employees ...... HB 461 Scoliosis screening; schools, parental approval not required.............. SB 165 Sexual exploitation; reports by print medium processors ................. SB 79 Sexual offenses; child testimony, criminal trial procedures ............... HB 27 Wills; distribution of estate, renunciation ............................. HB 119 Wrongful death; child, actions to recover ............................. HB 83
MISSING PERSONS; Patients, state institutions; reporting ................ SB 84
MITCHELL COUNTY Development Authority; continue in force ............................ HB 550 Sales tax for schools; continue in force............................... HB 342
MITCHELL, MARGARET; Anniversary of GONE WITH THE WIND HR 75
MONTGOMERY COUNTY Development Authority; continue in force ............................ HB 731 Superior Court; Clerk, annual salary ................................ HB 729
MORELAND, TOWN OF; New charter .............................. HB 1080
MORGAN COUNTY Education Board; election of members ............................... HB 611 Magistrate Court; select clerk, assess court costs ...................... SB 259
MORGANTON, CITY OF; Mayor and councilmen; terms of office....... HB 944
MORTGAGES (Also See Property) Residential Finance Authority; credit unions approved lenders ........... HB 372
MOSHELL, PHILIP AND ANN; Commend, farm family of year ........ SR 152
MOSS, W. M.; Commend ..................................... SR 262
MOTOR FUEL TAX Consolidated governments; levy for public facilities, referendum ......... SB 265 Exemptions; record keeping requirements............................. HB 431
MOTOR VEHICLES AND TRAFFIC Abandoned vehicles; procedures, notice requirements ................... HB 130 Accidents; duties of drivers ......................................... SB 89 Accidents; security for damages, operator and owner notified............ HB 601 Auto Repair Industry Study Committee; create ....................... SR 171 Certificate of title; federal emission standards compliance............... HB 221
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INDEX

2963

MOTOR VEHICLES AND TRAFFIC (Continued) Certificate of title; filing fee, local agent's fee retained .................. HB 55 Certificate of title; salvage, rebuilt vehicles ............................ HB 45 Certificate of title; trailer exemption, previous ownership ............... HB 132 Common carriers; sales tax exemption, certain cases .................. HB 590 Driver improvement clinics; change certain provisions ................... HB 90 Driver improvement clinics; reciprocity for license restoration ............ SB 35 Driver improvement clinics, DUI; Public Safety information to Senate. . SR 163 Driver's license; amend various Code provisions ........................ HB 90 Driver's license; DUI cases, military personnel, judge's powers ........... SB 18 Driver's license; DUI convictions, limits permits ........................ SB 36 Driver's license; DUI driver improvement clinics, reciprocity ............. SB 35 Driver's license; DUI drug abuse programs, temporary permits ........... SB 29 Driver's license; DUI hearings, witness fees to officers................... SB 30 Driver's license; DUI vehicle declared contraband ...................... SB 63 Driver's license; organ donor information, encourage publicizing ....... SR 115 Driver's license; records to schools on bus drivers, to Selective Service ... HB 274 Driver's license; records to schools on bus drivers, Selective Service ....... SB 45 Driver's license; records to schools on bus drivers, Selective Service ...... HB 393 Driver's license; suspension, motor carriers, exemption provision ......... HB 179 Drug abuse assessment programs; required, DUI offenses ............... SB 29 DUI; amend Code provisions, habitual violators, driver improvement clinics................................................... HB 90 DUI; bail delayed in facilities impaired .............................. SB 122 DUI; conviction, higher insurance coverage required .................... SB 38 DUI; nolo contendere plea, attorney not required....................... SB 33 DUI; vehicle declared contraband; procedures ......................... SB 63 DUI; vehicle seized on second offense, disposition ...................... SB 47 Emissions standards; compliance for certificate of title ................. HB 221 Emissions standards; sale of noncomplying vehicle unlawful ............. HB 220 Emissions violations; municipal courts jurisdiction ..................... HB 465 Emissions; inspection requirements .................................. SB 115 Gasoline marketing, sales; pricing below cost ......................... SB 108 Handicapped parking violations; towing fees, rental car ................ SB 182 Hazardous materials; transporting, PSC regulate ...................... SB 214 Hazardous materials; transporting, PSC regulate ...................... HB 917 Hazardous materials; trucks, safety regulations........................ HB 507 Inspection; committee to study need for law .......................... SR 120 Inspections; emissions, requirements ................................. SB 115 Insurance; higher coverage required upon DUI conviction................ SB 38 Insurance; operating without insurance, penalties ...................... HB 240 Insurance; repeal certain proof requirements ........................... SB 64 Insurance; self-insurance, bus, limousine and taxicab companies ......... HB 665 Insurance; spouse, coverage provisions ............................... HB 346 Insurance; local governments; court cases, testimony ................... SB 125 Insurers; urged to reduce rates to young, nondrinking drivers ............ SR 81 License plates; issue to honor Emory University founding............... HB 235 License plates; lost; reporting requirements ........................... HB 134 License plates; payment, checks made payable to county office .......... HB 404 License plates; prestige, fee, county decal, consular corps tags............ HB 43 License plates; special, former prisoners of war, definitions. ............. HB 134
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2964

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) License plates; staggered time for payment of taxes .................... SB 96 License plates; time for payment, certain counties ...................... SB 97 Motor Vehicle Inspection Study Committee; create .................... SR 120 Motorcycle riders; headgear required, persons under 21 years ........... SB 151 Motorcycles; license fees ........................................... HB 230 Odometer disclosure practices; violations, definitions ................... HB 448 Registration certificate; county tag agents issue duplicates .............. HB 133 Registration; time for payment, certain counties ........................ SB 97 Registration; time for payment, fees .................................. SB 96 Safety belts; use required ........................................... SB 76 Sales Finance Act; finance charges, interest, class action suits ........... HB 452 Salvage, rebuilt; certificate of title requirements ........................ HB 45 School bus drivers; report vehicles passing stopped bus ................. HB 301 Stolen vehicle; return to rightful owner, time limits .................... SB 135 Towing fees; handicapped parking violations, payment ................. SB 182 Towing trailers; safety chain required................................. HB 70 Traffic offenses; amend various Code provisions ........................ HB 90 Traffic offenses; vehicle seized second DUI, forfeiture ................. SB 47 Trucks; flat-bed van carriers, length limitations, signs .................. HB 692 Trucks; load covered, requirements to prevent spillage. .................. SB 99 Used car dealers; licensing requirements ............................. HB 494

MOTORCYCLES Headgear required; persons under 21 years ........................... SB 151 License fees; change amount ....................................... HB 230

MOULTRIE, CITY OF

Mayor and Council; election provisions ............................... HB 15

Moultrie-Colquitt Development Authority; continue in force

... HB 854

MUNICIPALITIES (Also See Local Government)

Airports; land owned, ad valorem tax exemption, certain cases ........ HB 632

Alcoholic beverage sales to minors; reports to Revenue Department ...... HB 558

Alcoholic beverage sales; election day, provisions ..................... HB 247

Alcoholic beverages; Sunday sales, certain cases ....................... HB 583

Annexation; change limitations, define residential property

........ SB 229

Annexation; landowners petition, change Atlanta exemption ............. SB 150

Audits; change certain requirements ................................. SB 228

Bonds; issued to finance certain public facilities ............... SR 92

Bonds; proceeds invested in authorized institutions ..................... SB 262

Bonds; state plan allocating to local governments, ceiling ................ HB 95

Courts; collect fees for county law libraries ........................... HB 542

Courts; impose community service work as sentence ................... HB 474

Courts; jurisdiction, motor vehicle emissions violations.................. HB 465

Courts; jurisdiction, motor vehicle insurance violations ................. HB 240

Debt; authorized to incur short-term indebtedness, referendum ........... SB 28

Debt; limited short-term authorized, certain circumstances ............... SR 12

Erosion, Sedimentation Act; technical assistance, certification ............ HB 35

Hospital authorities; property sales, local referendum ................... SB 56

Motor vehicle insurance; court cases, testimony ....................... SB 125

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INDEX

2965

MUNICIPALITIES (Continued) Officials; four-year terms set by ordinances ............................. SB 3 Railroad crossings, relocation; prior public notice ...................... HB 123 Redevelopment Powers Law; enact .................................. HB 430 Roadside vendors; urge governing authorities to regulate ............... HR 154 Sales tax; local option to finance public facilities ....................... SR 25 Taxation of financial institutions; provisions, rates ..................... HB 649 Urban County and Municipal Study Committee; create ................. HR 15 Urban County and Municipal Study Committee; create ................. SR 29 Water and sewage systems; fees for service made available ............. HB 501 Zoning Procedures Law; powers and duties ............................ HB 51 Zoning procedures; cities of 100,000 population ....................... HB 325

MURDER Crime of; life sentence upon conviction, parole prohibitions .............. SR 83 Sentence; judges panel sets minimum time to serve, capital cases ........ SB 52

MURRAY COUNTY Commissioner; compensation ....................................... HB 866 Coroner; change compensation ...................................... HB 864 Industrial Development Authority; continue in force ................... HB 541

MUSCOGEE COUNTY Columbus Airport Commission; continue in force...................... HB 514 Columbus Building Authority; continue in force ...................... HB 515 Columbus-Muscogee County consolidation; continue in force ............ HB 518 Columbus-Muscogee County Port Development Commission; continue .... HB 516 Coroner; annual salary, certain expenses ............................. HB 808 Coroner; repeal Act providing annual salary ......................... HB 1006 Education Board Superintendent; contracts ........................... HB 511 Education Board; members, districts ................................. HB 512 Education Board; sale of museum property ........................... HB 992 Health Department; continue in force. ............................... HB 513 Homestead exemption; continue in force ............................. HB 527 Homestead exemption; continue in force ............................. HB 523 Homestead exemption; continue in force ............................. HB 526 Homestead exemption; continue in force ............................. HB 525 Homestead exemption; continue in force ............................. HB 524 Industrial Development Authority; continue in force ................... HB 517 Industry and tourism promotion; continue in force ..................... HB 521 Motor fuel tax; levy for public facilities, referendum................... SB 265 Property in transit; tax exemption, continue in force ................... HB 528 Revenue bonds, issuing authority; continue in force .................... HB 522 School Board; referendum on election................................ SB 175 School system merged with Columbus; continue in force. ............... HB 510

MUSEUMS; Landmark building; fire safety .......................... HB 368

MUSIC INDUSTRY STUDY COMMITTEE Refer to numerical index for page numbers

SR 38

2966

INDEX

N
NASHVILLE, CITY OF; Property conveyance; release reverters for sale of property .................................................. HR 219
NATIONAL CHILDREN'S WEEK; Urge Congress to observe .......... SR 250
NATIONAL GUARD Georgia State Guard; rename as State Defense Force.................. HB 565 Georgia State Guard; rename as State Defense Force.................. SB 202
NATURAL RESOURCES Agricultural Exposition Authority; create. ............................ HB 271 Archeology; land site and underwater, differentiation, requirements ...... HB 277 Bait dealers; bait shrimp, regulations ................................. SB 94 Cave protection; illegal entry, misdemeanor........................... SB 210 Commissioner; delegation of power, membership on boards ............. HB 160 Commissioner; salary set by law .................................... HB 585 Erosion, Sedimentation Act; procedures, assist local governments ......... HB 35 Hazardous Waste Management Act; amend Code, create trust fund ..... HB 168 Historical marker at Toombs Oak at University of Georgia ............. HR 199 Historical marker; in Americus honoring Charles Lindbergh ............. HR 20 Hunting; license suspension for negligence, procedures ................. HB 244 Hunting; permission of landowner required, enforcement. ............... SB 215 Nongame wildlife conservation and habitat; acquisition programs ........ HB 495 Stone Mountain Memorial Association; membership ................... SB 205 Stone Mountain Memorial Association; police powers .................. SB 133 Surface mining; permits, bond requirements ........................... HB 25 Timber sales transactions; wood load tickets to landowners. ............. SB 232 U.S. Corps of Engineers; urged complete study, Curry Creek Dam ..... .HR 214 Waterfowl stamp; department develop, issue ........................... HB 96
NEVILLE, RICHARD B.; Designate Highway 369 bridge over Lake Lanier in honor......................................................... HR 174
NEW YORK METROPOLITAN OPERA; Commend .... SR 211
NEWNAN, CITY OF School system merged with Coweta County; continue in force........... HB 673 Water, Sewerage, Light Commission; continue in force................. HB 839 Water, Sewerage, Light Commission; continue in force................. HB 838
NEWTON COUNTY Commissioners; compensation....................................... HB 576 Development Authority; correct population classification ................ HB 607 Education Board; chairman and members, compensation............... HB 608 Industrial Development Authority; continue in force ................... HB 986
NORTH WHITFIELD MIDDLE SCHOOL; Commend ................. SR 156
NORTHEAST GEORGIA; Corps of Engineers, urged complete Curry Creek Dam study ........................................... HR 214
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2967

NORTHEASTERN JUDICIAL CIRCUIT; Additional judge

SB 186

NOTARIES PUBLIC; Qualifications, application requirements ............ HB 319

NUCLEAR GENERATING PLANTS Public Service Commission; cost prudency determinations............... SB 263 Public Service Commission; phase in costs ............................ SB 111 Utility rate increases; appeals, temporary rate prohibitions .............. HB 723

NURSE OF THE DAY; Pamela Acree serve .......................... Page 33

NURSES; Insurance, third-party reimbursement, Senate committee study . . . SR 164

NURSING HOMES Barber, beauty shops on premises; license not required ................. SB 139 Elderly resident; Medicaid eligibility, home exempt .................... SB 198 Fire safety standards; requirements.................................... HB 2 Living wills; prepared for residents only on request .................... SB 191 Resident unaccounted for; missing persons reports ...................... SB 84

o

OAKWOOD, CITY OF; Corporate limits.............................. HB 557
OCMULGEE JUDICIAL CIRCUIT; Court reporters; expense allowance ... SB 172
OFFENDER REHABILITATION (Also See Corrections or Penal Institutions) Commissioner; salary provisions..................................... HB 270 Department, Board; name changed to Corrections in Code............... HB 22 Employees; injured on duty, salary during convalescence. ............... HB 267 Insanity defense; custody, examination of prisoners .................... SB 129
OKLAHOMA; Membership in Southern Regional Education Compact....... SR 18
OLIVER, CITY OF; Reincorporate; provide new charter ............... HB 959
OLYMPIC SUMMER GAMES, 1984; Commend Georgia participants . . . .HR 261
OPERA, NEW YORK METROPOLITAN; Commend .................. SR 211
ORGAN DONORS; Public Safety Department; encouraged to publicize program ......................................................... SR 115
OSTEOPATHS; Medical colleges; student loans. ........................ SB 185
OSTRANDER, VITA; Commend, AARP President ..................... SR 167
OUTLER, JAMES E.; In memory.................................... SR 255
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2968

INDEX

PARDONS AND PAROLES Board members; salary provisions ................................... HB 270 Criminal procedure; judges set minimum time to serve, capital cases ...... SB 52 Death penalty; time periods for stay of execution...................... HB 159 Life sentence; parole eligibility limited, certain cases .................... SB 49 Life sentence, murder conviction, parole prohibitions .................... SR 83 Parole supervision fees; uniform provisions............................. SB 55 Parole supervision fees; used to assist victims of crime .................. SR 22 Probation; first offenders, additional conviction, records................. HB 539 Victim of crime; notified of parole of inmate .......................... SB 75 Victim of crime; notified of parole of inmate .......................... SB 51 Youthful Offender Act; procedures, policies of Board .................. SB 157
PARENTAL RIGHTS; Termination provisions .......................... HB 175
PARKER, PATTY; Commend ....................................... SR 139
PARKVIEW HIGH SCHOOL; Commend ............................. SR 258
PARTNERSHIPS; Uniform Act; revise and clarify various provisions ...... HB 887
PATAULA JUDICIAL CIRCUIT; Assistant DA; Early County State Court Solicitor ............................................... HB 946
PATIENTS; Surgery, medical treatment; informed consent, rights ........ SB 128
PATTIE, ROBERT; Commend ................... SR 73
PAULDING COUNTY; Tax commissioner; compensation .............. HB 290
PEACE OFFICERS (Also See Law Enforcement) Annuity and Benefit Fund Study Committee; create ................... SR 174 Standards and Training Council; powers and duties.................... HB 464
PEACHTREE CITY; Mayor; voting and veto powers ................ HB 798
PECAN HARVESTING EQUIPMENT; Exempt from sales tax ........... HB 447
PEEPLES, I. M.; Designate bridge; Highway 441, Murray County in honor . SR 33
PELHAM, CITY OF Property conveyance; lease to Development Corporation ................. HR 90 Sales tax for schools; continue in force. .............................. HB 342
PEMBROKE, CITY OF; Incorporation Acts; revise, consolidate ........ HB 920
PENAL INSTITUTIONS Corrections employees; injured, salary during convalescence ............ HB 267 Corrections officer; assault upon an officer, penalties .................... SB 26 Corrections; Offender Rehabilitation changed in Georgia Code ........... HB 22 Death penalty by lethal intravenous infusion; provisions ................ HB 848
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2969

PENAL INSTITUTIONS (Continued) Death penalty; time period provisions for execution .................... HB 159 First offenders; probation, additional conviction, records ................ HB 539 Habeas corpus proceedings; held at institution ......................... SB 90 Inmates; civil action against government, forms, procedures .............. HB 92 Inmates; custodian using for private gain unlawful. .................... HB 686 Inmates; death without physician, GBI notified. ....................... SB 217 Inmates; restitution requirements, damage to state property ............. HB 167 Offender Rehabilitation; changed to Corrections in Code ................ HB 22 Pardons and Paroles Board; limit parole powers, certain crimes........... SR 26 Pardons and Paroles; life sentence for murder, parole limited ............ SR 83 Pardons and Paroles; limited eligibility, certain life sentences. ............ SB 49 Paroles; supervision fees ........................................ SB 55 Prison guard killed; indemnification, time to apply...................... SB 53 Probation; pretrial release programs, only indigent persons .............. SB 192 Probation; sentence review provisions ................................ HB 189 Property; unclaimed, abandoned, disposition procedures ................ SB 140 Victims of crime; notified of parole of inmate.......................... SB 75 Victims of crime; notified of parole of inmate.......................... SB 51 Women's Correctional Institution Study Committee; create ............. SR 132 Work release programs, inmates; requirements, funds earned ........... HB 120 Youthful Offender Act; definitions, procedures ........................ SB 157

PERRY, CITY OF Council; member serving as mayor pro tem, salary ..................... HB 87 Mayor and Council; residency requirement ............................ HB 86

PERRY, SENATOR ED; Excused................................... Page 1718

PERSONAL CARE HOMES; County health boards; duties, criminal check of employees, licensing ............................................... HB 461

PERSONNEL BOARD, STATE; Appoint Personnel Administration Commissioner ...................................................... SB 1

PHARMACISTS, PHARMACIES Armed robbery; penalties ........................................... SB 57 Licensing; continuing education requirements ......................... SB 267

PHILLIPS, SENATOR R.T. TOM; Excused

Pages 1718, 1825

PHOTOGRAPHY; Processors; reports, sexually explicit conduct of minors . . . SB 79

PHYSICIANS Breast cancer information booklet; distribution to patients .............. HB 615 Emergencies; unpaid doctor advising ambulance, liability immunity ...... SB 201 Eye removal; procedures, liability immunity ...................... SB 85 Malpractice; time limit on actions, object left in body................. SB 170 Medical student loans, scholarships; repayment, cancellation ............ HB 622 Respiratory Care Practices Act; enact ............................... HB 615

PICKENS COUNTY VOLUNTEER RESCUE SQUAD; Commend

SR 49

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2970

INDEX

PIEDMONT JUDICIAL CIRCUIT; Additional judge

SB 264

PIERCE COUNTY Commissioners; five-member board ............................... HB 909 Education Board; election districts .................................. HB 910 State Court; judge, solicitor, compensation ........................... HB 745 Waycross Judicial Circuit; judges' salary supplement. .................. HB 486
PIKE COUNTY; Probate Court; judge, nonpartisan election .............. SB 141
PILOT CLUB OF HARALSON COUNTY; Commend ................. SR 269
PILSBURY, BETTY; Commend ..................................... SR 141

POLITICAL ACTIVITIES; State employees; hold local elective or party office ........................................................ SB 9

POLK COUNTY Education Board; election of members .............................. HB 1033 Tax Commissioner; change compensation ............................. HB 559 Water Authority; compensation of members .......................... HB 853
POLYGRAPH EXAMINERS; Regulations; licensing, State Board ......... SB 19
PORNOGRAPHY; Telephones; obscene language for commercial purposes unlawful ............................................ HB 177
PORTER, CYNTHIA A.; Commend ..................... SR 76
POST-MORTEM EXAMINATION ACT (Also See Coroners or Medical Examiners) Fees; duties at scene of death ...................................... SB 190
POU, DEAN EMILY QUINN; Recognize ................... SR 224
POWDER SPRINGS, CITY OF; Corporate limits; change, mayor's powers . SB 287
PREGNANT WOMEN Health care; emergency treatment, cost of care ....................... HB 484 Health care; emergency treatment, cost of care ....................... HB 487
PRISONERS OF WAR, MISSING IN ACTION; Support efforts for release .......................................................... SR 190

PRISONS (See Penal Institutions or Corrections)

PROBATE COURTS Chief clerks; appointment, powers ................................... SB 249 Judge; service as magistrate, salary .................................. SB 73 Judges; minimum compensation ..................................... HB 343 Judges; qualifications ............................................... HB 74 Judges; retirement benefits ........................................ SB 4

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INDEX

2971

PROBATE COURTS (Continued) Wills; notice of probate to all beneficiaries ........................... SB 46 Wills, contested; jurisdiction, notification requirements ................. HB 735
PROBATION Juveniles; state subsidy to employ officers, certain counties.............. SB 222 Pretrial release programs; only indigent persons eligible ................ SB 192 Sentence review provisions ......................................... HB 189
PRODUCT LIABILITY; Insurance; reports required by insurers........... HB 357
PROFESSIONAL PRACTICES COMMISSION; Members under Merit System .......................................................... HB 388
PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Athletic trainers; licensing, qualifications ........................... HB 643 Barber, beauty shops in nursing homes; license not required ............ SB 139 Barbers; licensing requirements ..................................... HB 679 Billiard rooms; alcoholic beverages authorized certain cases ............. SB 243 Boxing and Wrestling Commission, State; licensing ..................... HB 39 Business opportunity; purchaser's rights, seller unregistered ............. HB 371 Chiropractors; change scope of practice .............................. HB 156 Coroners; qualifications, duties, bond required........................ HB 255 Cosmetology; registration, licensing, board meetings ................... SB 154 Fair Business Practices Act; private actions, copies required ............ SB 130 Funeral directors; licensing, inspection, temporary locations .............. SB 92 Health spas; definitions, regulations, bonds ........................... HB 370 Insurance; surplus line brokers, licensure .............................. HB 56 Lease-purchase agreements; regulations, definitions .................... HB 378 Merchants; electronic bank teller machines, regulate use ............... SB 138 Notaries public; applications, qualifications ........................... HB 319 Pharmacists; licensing, continuing education .......................... SB 267 Polygraph examiners; regulate, licensing, State Board ................... SB 19 Professional associations; registration, reports ......................... HB 311 Psychologists' assistants; privileged communications rule ................. SB 37 Real Estate Commission, Brokers; amend Code provisions .............. HB 314 Respiratory Care Practices Act; licensing ............................. SB 32 Respiratory care professionals; licensing requirements .................. HB 615 Speech pathology and audiology; examining board, licensing ........... HB 112 Tax depreciation allowances; cost recovery, federal income.............. SB 277 Used car dealers; licensing requirements ............................. HB 494 Veterinarians; expired license, reinstatement ........................... SB 25 Warehouse Act; licensing and bond provisions ........................ SB 159 Water Well Standards Advisory Council; licensing powers ............... HB 32 Wild animal business; define, license requirements ..................... HB 306
PROPERTY CONVEYANCES Acworth, City of; easement for highway improvements ................. HR 120 Baldwin County; to General Telephone Company (GTE) ................. SR 9 Baldwin County; to Grumman Aerospace Corporation. ................... SR 4 Bartow County; to City of Kingston ................................. SR 41 Berrien County; release reverters, allow sale of property ................ HR 219
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2972

INDEX

PROPERTY CONVEYANCES (Continued)

Brantley County; to commission for county recreation area .....

SR 168

Camden County; exchange land with U.S. Navy, Kings Bay ............. SR 27

Chatham County; to Rita N. Shinall ................................ HR 275

Chattanooga, Tenn.; railway lease agreements ........................ HR 111

Dalton, City of; sale of property leased to Seaboard Railroad .......... .HR 112

Emanuel County; Swainsboro exchange with Forestry Commission ....... SR 106

General Assembly; authority to vary filing procedures .................. HB 704

Gordon County; trade parcel with GBI, construct office ................ SR 50

Labor Department offices; disposition in various counties ................ HR 91

Milledgeville, City of. ........................................ SR 10

Milledgeville, City of............................................... SR 96

Pelham, City of; lease to Development Corporation ..................... HR 90

Railroad Lease, L&N; Atlanta to Chattanooga, study committee ....... SR 151

Savannah, City of; easement for utilities and sewerage .................. SR 52

St. Simons Island; land exchange, Air National Guard ................. SR 102

Tybee Island, City of; easement to build fishing pier ................... HR 220

PROPERTY Abandoned; Fulton, DeKalb counties, nuisance abatement procedures .... HB 407 Abandoned, unclaimed; tangible, intangible, disposition ................. SB 140 Coordinate system; to designate geographic points in state .............. SB 220 Criminal trespass and damage; definitions, penalties ................... SB 240 Criminal trespass; unlawful to enter premises while armed.............. SB 212 Criminal trespass, damage to property; definitions ..................... HB 710 Criminal trespass, damage; definitions, penalties ....................... SB 231 Estates; appraisement, heir or beneficiary offer evidence ................ SB 208 Gift to Minors Act; redefine bank................................... HB 373 Liens; foresters rights on real estate for services....................... HB 191 Liens; mechanics', priority provisions, farm equipment ................. HB 239 Liens; judgments filed; court clerk record name and address ............. SB 66 Public; powers of State Properties Commission in disposition ............ HB 703 Public; Properties Commission, powers, amend existing leases ........... HB 617 Public; State conveyances, General Assembly vary filing procedures ...... HB 704 Residential Finance Authority; credit unions approved lenders ........... HB 372 State Properties Commission; powers, disposition of property ........... . HB 703 State; damaged by inmate, restitution requirements .................... HB 167 State; vending facilities operated by handicapped ...................... SB 106 Timber Sales Transactions; wood load tickets to landowner ............. SB 232 Time-Share Act; public offering statements, sales, forms................. HB 69 Unclaimed; tangible, intangible, disposition requirements ............... SB 140 Weapons; law enforcement agencies, disposition provisions .............. HB 303

PSYCHOLOGISTS; Assistants included in privileged communications rule . . . SB 37

PTA, GEORGIA CONGRESS OF PARENTS AND TEACHERS; Commend ....................................................... SR 137

PUBLIC ASSISTANCE (See Social Services or Medicaid) Refer to numerical index for page numbers

INDEX

2973

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees or State Government) Agency heads; salary set by law, certain departments .................. HB 585 Conflicts of interest; employees hold local or party office ................. SB 9 Coroner's Training Council; create .................................. HB 256 Coroners; fees, duties at scene of death .............................. SB 190 Coroners; hospice patient death, post-mortem exemptions ............... SB 200 Coroners; qualifications, bond, fees, duties, dead bodies................. SB 252 Coroners; qualifications, duties, bond required......................... HB 255 Deaf interpreters; employed by more than one agency................... SB 54 Elected; constitutional officers, salaries, full-time service ................ HB 270 Elected; disclosure reports, state-wide, legislative candidates. ............. SB 31 Elected; removal, suspension from office upon federal indictment. ......... SR 13 Elected; retirement, forfeited leave credit............................. SB 104 Employee benefit plan; establish .................................... SB 113 General Assembly members; expense allowance provisions .............. HB 229 General Assembly members; salary, cost-of-living increase ............... HB 78 General Assembly members; travel expenses .......................... SB 149 Indemnification; peace officers, firemen, time to apply ................... SB 53 Insurance; Correctional Industries, coverage under state programs ....... HB 358 Insurance, liability coverage; lower court judges and employees............ SB 2 Juvenile Justice Commission; create ................................. SB 203 Merit System; audits, change provisions.............................. HB 491 Merit System; legislative review of rules and regulations ............... SB 145 Merit System; proposed rules, legislative review required ................ HB 77 Merit System; unclassified service, Personnel Board approve .............. SB 8 Personnel Administration Commissioner; appointed by State Board ...... SB 1 Political contributions; county, city officers, unlawful to coerce others. ... HB 128 Regents employees; conflicts of interest, board membership .............. HB 31 Removal or suspension from office upon federal indictment .............. SR 13 Retirement; unused leave credit, benefits lost on conviction of crime. .... SB 224 Salaries; certain State officials, full-time service provisions .............. HB 270 Salaries; set by law, certain department heads ........................ HB 585 Unemployment compensation claims; processing, payment .............. HB 485

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Commissioner; salary set by law .................................... HB 585 Donations, conveyances; procedures for acceptance ..................... HB 58 Driver improvement clinics; Commissioner, information to Senate ........ SR 163 Driver's license; records to schools on bus drivers, Selective Service ....... SB 45 Driver's license; records to Selective Service, schools on bus drivers ...... HB 274 Driver's license; records, schools re bus drivers, to Selective Service ...... HB 393 Forests; controlled burning, prior notice, duties......................... SB 98 Organ donor information; encourage publicizing at licensing offices ...... SR 115 School bus; motorist passing stopped bus, notification, penalties. ......... HB 301 State Patrol, Uniform Division; special clothing allowance .............. HB 362

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; Benefits

SB 124

PUBLIC SERVICE COMMISSION Commissioner; salary provisions ..................................... HB 270 Consumer's Utility Counsel; audits, legislative review ................... HB 89

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2974

INDEX

PUBLIC SERVICE COMMISSION (Continued) Hazardous materials; transporting, rules and regulations................ HB 917 Hazardous materials; transporting, rules and regulations................ SB 214 Hazardous materials; transporting, safety regulations................... HB 507 Motor carriers; appeals procedure ................................... HB 655 Nuclear generating plants; phase in costs ............................ SB 111 Nuclear generating plants; prudency determinations .................. SB 263 Utility rate cases; inspection of corporate books ....................... SB 126 Utility rate cases; procedures, court rulings, temporary rates ............ HB 723
PUBLIC UTILITIES AND TRANSPORTATION Boiler and Pressure Vessel Safety; exemptions ......................... SB 14 Committee to study rate-making process, joint; create................... SR 94 Common carriers; sales tax exemption, certain cases ................... HB 590 Consumer's Utility Counsel; audit, legislative review .................... HB 89 Electric membership, rural telephone systems; satellite TV sales unlawful . HB 639 Hazardous materials; private carriers, safety regulations ................ HB 507 Hazardous materials; transporting, Public Service Commission regulate ... SB 214 Hazardous materials; transporting, Public Service Commission regulate . . . HB 917 Long Distance Telecommunications Study Committee; create ........... SR 193 Nuclear generating plants; cost prudency determinations ............... SB 263 Nuclear generating plants; phase in costs ............................ SB 111 Public Service Commission; appeals by motor carriers.................. HB 655 Public Service Commission; rate cases, inspection of corporate books ..... SB 126 Rail Passenger Authority Law; Rapid Rail Transit Compact............ HB 172 Railroads; hauling hazardous materials, caboose required ............... SB 242 Seaboard Railroad; proposed closing at Ocilla, express objection ......... SR 117 Telephones; local companies urged to be competitive .................... SR 93 Telephones; local companies, urged to be competitive .................. HR 198 Telephones; obscene language for commercial purposes unlawful ......... HB 177 Utility rate cases; appeals, court rulings, temporary rates ............... HB 723
PUBLICATIONS; Libel actions; retractions, court procedure............... SB 77
PUTNAM COUNTY Development Authority; continue in force ............................ HB 720 Education Board; election of members, continue in force ............... HB 719
PYRAMID CLUBS; Defined as lottery; criminal penalties ................. SB 62

QUALITY BASIC EDUCATION ACT, QBE; Revise public education system ........................................................... SB 82
QUITMAN, CITY OF; Commissioners; change composition of board ....... HB 605
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INDEX

2975

R

RAILROADS Amtrak; urge Congress continue sufficient funding..................... SR 173 Common carriers; sales tax exemption, certain cases ................... HB 590 Crossings; relocation, closing, prior public notice ...................... HB 123 Excursions; Building Authority operate .............................. HB 471 Georgia Rail Passenger Authority Law; enact, legislative overview ....... HB 172 Hauling hazardous materials; caboose required........................ SB 242 Hazardous Materials Emergency Response Advisory Council............. HR 27 L&N Railroad Atlanta to Chattanooga Lease Study Committee. ........ SR 151 Property conveyance; Chattanooga, Tenn., leases ...................... HR 111 Property conveyance; sale of property leased to Seaboard Railroad ....... HR 112 Rail Line Abandonments Study Committee; create .................... SR 150 Rapid Rail Transit Compact; Georgia be party to ..................... HB 172 Seaboard System; proposed closing in Ocilla, express objection .......... SR 117

RAINEY, MARY; Commend ...................................... SR 57

RANDOLPH COUNTY Commissioners; compensation....................................... HB 503 Sheriff; deputy, compensation........................................ HB 52

RANDOLPH, ASSISTANT COACH JACK; Valdosta High football team; introduction..................................................... Page 554

RAPID RAIL TRANSIT COMPACT; Georgia be party to

HB 172

REAL ESTATE (Also See Property) Brokers, salespersons; definitions, licensing............................ HB 314 Commission; amend various Code provisions .......................... HB 314 Time-Share Act; change certain requirements......................... HB 69

REAPPORTIONMENT; General Assembly; House districts 15, 16, 77, 81, 105, 107 ..................................................... HB 684

RECREATION AND PARK SOCIETY, GEORGIA; Commend

SR 135

REDEVELOPMENT POWERS LAW; Enact; counties, cities, powers ...... HB 430

REGENTS BOARD Chancellor Vernon Crawford; commend .............................. SR 157 DeKalb Junior College; unit of University System, approval ........... .HR 218 Eminent Scholars Endowment Trust Fund; trustees, duties.............. HB 919 Employees; conflicts of interest, board membership ..................... HB 31 Handicapped accessibility standards; exemptions. ....................... SB 20

REID, JOEY; Commend .................................... SR 98

RESIDENTIAL FINANCE AUTHORITY Bonds outstanding; increase limit, definitions.......................... HB 502

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2976

INDEX

RESIDENTIAL FINANCE AUTHORITY (Continued) Credit unions; approved lending institution ........................... HB 372

RESPIRATORY CARE PRACTICES ACT Licensing ......................................................... SB 32 Regulate profession; licensing....................................... HB 615

RETIREMENT AND PENSIONS Amend Code Title; revisions, corrections, omissions .................... HB 164 Consolidation of Systems Study Committee, Joint ...................... SR 82 Criminal conviction; all rights forfeited, public systems................. SB 224 District attorneys; secretaries, Employees' Retirement System ............ SB 50 Employees' system; health board employees, counties 550,000 ..../....... SB 223 Employees' system; director, salary provisions ......................... HB 585 Employees' system; falsified records, penalties......................... HB 296 Employees' system; forfeited leave, elected officials .................... SB 104 Employees' system; unused leave credit, elected, classified personnel ..... SB 225 Employees' system; unused leave credit, no benefits on criminal conviction ..................................................... SB 224 Fiscal Note Act; delete provisions on retirement legislation ............. HB 228 Fulton County; health board employees, membership options ............ SB 223 General Assembly members; creditable service, certain systems .......... SB 105 General Assembly members; creditable service, transfers ............... HB 252 Joint Municipal Employees System; benefits for part-time .............. HB 425 Labor Department employees; hourly wages, no benefits ................ HB 681 Legislative system; abolish effective 1986............................. SB 143 Legislative system; creditable service, transfers ........................ HB 252 Legislative system; increase benefits ................................. SB 120 Legislative system; service credit provisions ........................... SB 105 Local systems; comparative analysis by Institute of Government ........ HR 102 Military pension system ........................................... SR 130 Peace Officers' Annuity and Benefit Fund Study Committee ............ SR 174 Probate Court Judges; benefits................................... SB 4 Public Retirement Systems Standards Law; nonfiscal bills, introduction . . . HB 282 Public School Employees; benefits ............................. SB 124 Public systems; rights forfeited upon conviction, certain crimes .......... SB 224 Retirement Systems Standards Law; definitions, nonfiscal bills .......... HB 282 Sheriffs' Fund; benefit options, actuarial tables ........................ HB 398 Sheriffs' Fund; board membership, clarify ........................... HB 165 State systems; boards of trustees, adoption of rules .................... HB 227 Superior Court Clerks Fund; benefits, spouse provisions ................ SB 109 Superior Court Judges; creditable service, 8 years to vest............... SB 103 Superior Court Judges; spouse's benefits ............................. SB 180 Superior Court Judges; spouse's benefits ............................. SB 174 Tax Commissioners; ineligible, State Employees' System. ............... HB 417 Teachers Retirement Nominating Committee; meeting provisions ........ HB 294 Teachers; falsified records, penalties ................................. HB 293 Teachers; membership not mandatory, elderly persons.................. HB 259 Teachers; Secretary-treasurer, salary set by law ....................... HB 585 Teachers; transfers from Employees' system limited.................... SB 206
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INDEX

2977

REVENUE AND TAXATION Ad valorem tax bills, notices; information to taxpayer required .......... HB 125 Ad valorem tax; collectors, payment and reports of collections to county . . SB 209 Ad valorem tax; motor vehicles, time for payment...................... SB 96 Ad valorem tax; motor vehicles, time for payment, certain counties ....... SB 97 Ad valorem tax; municipalities owning airport land, exemptions ......... HB 632 Ad valorem tax; payment checks made to office, exempt Fulton County . . SB 273 Ad valorem tax; payments, checks payable to county tax office .......... HB 404 Ad valorem tax; records confidential except in court cases ............... HB 80 Ad valorem tax; tax collector as ex officio sheriff, salary ............... HB 340 Ad valorem tax; tax collectors as ex officio sheriffs, consent............. HB 761 Ad valorem tax; tax digest approval, amount of property on appeal ..... HB 80 Ad valorem tax; time periods for assessments ......................... HB 409 Airports; municipally owned, ad valorem tax exemption ................ HB 632 Alcoholic beverages; excise tax, out of state distilled spirits and wine..... HB 564 Alcoholic beverages; excise taxes .................................... HB 463 Alcoholic beverages; sales to minors, reports of violations ............... HB 558 Commissioner; salary provisions ..................................... HB 270 Consolidated governments; levy motor fuel tax, certain purposes ......... SB 265 Counties, cities; Redevelopment Powers Law.......................... HB 430 Counties, municipalities; incur limited short-term debt, certain cases ...... SR 12 County tax digests; approval prohibited, certain appeals pending......... HB 214 Debt; counties, special local option sales tax, referendum ............... HB 281 Federal Solar Energy Tax Credit; urge extension ...................... HR 276 Financial institutions; taxation provisions, rates, state and local taxes..... HB 649 Garnishment; collect fees, interest, tax collection costs ................. HB 341 Homestead exemption; tax notices, information to taxpayer ............. HB 125 Income tax; child support, set off debt collection ...................... SB 241 Income tax; credit, wildlife conservation contributions .................. HB 495 Income tax; depreciation, cost recovery, federal income................. SB 277 Income tax; exclusion for elderly, disabled, civil fraud penalty........... HB 408 Income tax; setoff for child support collections ........................ HB 155 Income tax; time periods for assessments............................. HB 409 Income tax; withholding exemption certificates, Commissioner set rules . . . HB 624 Internal Revenue Service; urged to revise business deduction rules ....... SR 129 Motor fuel tax; change certain exemptions, records required ............ HB 431 Motor fuel tax; consolidated governments levy, certain purposes ......... SB 265 Motor fuel tax; time periods for assessments.......................... HB 409 Motor vehicles; license plates, registration, time for payment............. SB 96 Motor vehicles; title, federal emissions standards compliance ............ HB 221 Motorcycles; license fees ........................................... HB 230 Property; unclaimed tangible, intangible, disposition procedures.......... SB 140 Sales tax; crab bait sales to commercial fishermen exempt.............. HB 316 Sales tax; exempt pecan harvesting equipment ........................ HB 447 Sales tax; exemption, certain common carriers and equipment........... HB 590 Sales tax; local option to finance public facilities ....................... SR 25 Sales tax; local option, one percent for roads, public facilities ........... HB 281 Sales tax; local option, special purpose, hospitals ...................... HB 170 Sales tax; solar energy equipment, extend refund time .................. HB 94 Sales tax; time periods for assessments............................... HB 409 Tax assessments, collections; time periods, limitations .................. HB 409
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2978

INDEX

REVENUE AND TAXATION (Continued) Tax collector as ex officio sheriff; compensation ....................... HB 340 Tax collector as ex officio sheriff; consent ................... ........ HB 761 Tax collectors, counties; payment and reports of collections ............. SB 209 Tax commissioners; minimum salaries ............................... SB 199 Tax commissioners, counties; qualifications, terms of office ............... HB 75 Tax executions; lost original, procedure, combining of actions ............ HB 64 Time periods; applicable to assessments, collections .................... HB 409 Unclaimed property; disposition, time periods, duties ................... SB 140 Wildlife conservation programs; income tax credit ..................... HB 495

REVENUE BONDS Local governments; proceeds invested in authorized institutions .......... SB 262 Residential Finance Authority; definitions, bond limit increased.......... HB 502 State plan allocating issuance among local governments ................. HB 95

REVENUE SHARING, FEDERAL; Urge continued funds to local governments ..................................................... SR 235

REVISIONS TO GEORGIA CODE (See Code of Georgia)

RICHARDSON, MAJOR WILLIAM FLOYD; Condolences

SR 273

RICHMOND COUNTY Business licenses; continue in force .................................. HB 578 Hospital Authority Board; membership ............................. HB 579 Officials; change compensation, certain officers ....................... HB 1035 Ordinances affecting police or sheriff, referendum ..................... HB 835 Pine Hill Water and Sewerage Authority; repeal ..................... HB 577 Sheriff's Merit System Board; change powers and duties ............... HB 872

RIGHT TO DIE; Living wills; nursing homes prepare only on resident's request....................................................... SB 191

RISHER, MIKE; Commend ...................................... SR 74

RIXSE, KATHRYN ELIZABETH; Commend

SR 218

ROBBERY; Pharmacy; theft of controlled substances, penalties............. SB 57

ROBERTS, DORIS E.; Condolences

SR 249

ROBERTS, XAVIER; Cabbage Patch dolls, commend................... SR 212

ROCKDALE COUNTY Commissioners; compensation....................................... HB 657 Coroner; change compensation ...................................... HB 664 Magistrate Court; chief, compensation ............................... HB 660 Probate Court; judge, compensation ................................. HB 661 Sheriff; change compensation ....................................... HB 662 Sheriff; employ personnel .......................................... SB 218 Superior Court Clerk; change compensation .......................... HB 663 Tax Commissioner; change salary ................................... HB 656

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INDEX

2979

ROCKMART YELLOW JACKETS WRESTLING TEAM; Commend. . . . SR 265

ROGERS, DR. JAMES T.; Recognize

.......... SR 241

ROME JUDICIAL CIRCUIT; District Attorney; investigators ............. HB 979

ROME, CITY OF Rome-Floyd County Development Authority; continue in force .......... HB 937 Veterans Memorial Highway; designate North Rome Connector ........ .HR 101

ROSS, JOHN Cherokee Chief; authorize portrait in state capitol..................... HR 202 Commemorating .................................................. SR 131

ROSSER, J. R., MR. AND MRS.; Recognize. ........... SR 252

ROYSTON, CITY OF; New charter ................................. HB 893

RURAL ELECTRIFICATION; Commemorating fiftieth anniversary ..... .HR 126

SAFETY BELTS; Motor vehicles; use required when moving .............. SB 76
SALE CITY; Corporate limits; change ................................. HB 990
SALES AND MARKETING EXECUTIVES-ATLANTA; Commend . .... SR 119
SALES TAX (Also See Revenue and Taxation) Common carriers; certain exemptions ................................ HB 590 Crab bait sales to commercial fishermen exempt ...................... HB 316 Local option to finance public facilities ............................... SR 25 Local option; one percent for roads, public facilities ................... HB 281 Local option; special purpose, hospitals .............................. HB 170 Pecan harvesting equipment; exempt................................. HB 447 Solar energy equipment; extend refund time ........................... HB 94
SAMS, DR. FERROL; Introduction ................................. Page 972
SANDERSON, KENT; Commend................................. SR 110
SANDERSVILLE, CITY OF; Elections; provisions....................... HB 953
SAVANNAH, CITY OF Municipal Court; judge emeritus serve Chatham Magistrate Court....... SB 246 Property conveyance; easement for utilities and sewerage system.......... SR 52
SCHLEY COUNTY; Airport Authority; create.......................... HB 682
SCHOOL BUS DRIVERS Driver's license records released to schools ........................... HB 274
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2980

INDEX

SCHOOL BUS DRIVERS (Continued) Driver's license records; released to schools ........................... SB 45 Driver's license records; released to schools ........................... HB 393 Record information on motor vehicles passing stopped bus .............. HB 301
SCHOOLS (Also See Education or Colleges and Universities) Disciplinary tribunals; change provisions ....................... SB 58 Lunch program; federal support, oppose elimination ................... SR 220 Proprietary; Definition, bond provisions, use of "college" prohibited .... HB 709 State School Superintendent; powers, Quality Basic Education Act........ SB 82
SCOLIOSIS; Screening in public schools; parental approval not required. ... SB 165
SCOTT, WALTER A.; Bridge at Gordon over Southern Railway; designate in honor .......................................................... HR 24
SCOTTISH RITE CHILDREN'S HOSPITAL; Commend ........ SR 170
SCOTTISH-AMERICAN HERITAGE CENTER; Recognize City of Shellman ........................................................ SR 162
SCOUTS Commend Betty Pilsbury, National President ........................ SR 141 Commend Frances Hesselbein, National Director ...................... SR 140 Girl Scout Gold Awards; commend recipients.......................... SR 80
SECRETARY OF STATE Communications from ......................... Pages 13, 126, 555, 564, 1147 Congressional candidates, affidavits .......................... SB 69 Elections; candidate qualifications, delete duty to determine .............. SB 67 Foreign corporations; investigatory powers ............................ HB 171 Professional associations; registration, filing requirements ............... HB 311 Salary provisions ................................................. HB 270
SEMINOLE COUNTY Probate Court; judge, compensation ................................ HB 1057 Sheriff; compensation ............................................ HB 1059 Superior Court; clerk, compensation ................................ HB 1058 Tax Commissioner; compensation .................................. HB 1056
SENATE Assistant Secretary; Alice E. Hoge designated ........................ Page 24 Budget, maintenance, supplies; change certain provisions ............... HB 776 Committee on Education; report on Governor's appointees ........... .Page 1642 Committee on Higher Education; report on Governor's appointees . . . . .Page 1643 Committee on Insurance; study third party reimbursement to nurses ..... SR 164 General Assembly; members, four-year terms ........................... SR 5 Governor; notify that General Assembly has convened ................... HR 2 House; notify Senate that House has convened .......................... HR 1 Human Resources Committee; Senator Culver Kidd act as Chairman . . . Page 223 Local Contested Calendar........................................ Page 1143
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INDEX

2981

SENATE (Continued) Morning Roll Calls ....................... Pages 15, 48, 57, 77, 95, 110, 193, 228, 355, 410, 553, 590, 625, 680, 742, 851, 905, 949, 1020, 1101, 1135, 1200, 1274, 1363, 1424, 1473, 1617, 1713, 1801, 1967, 2047, 2162, 2307, 2537 Notify House the Senate has convened ................................ SR 2 Officials, employees and committees; relative to ......................... SR 3 President Pro Tempore; Senator Joe Kennedy elected .................. Page 23 Rules; adopt ....................................................... SR 1 Secretary; distribution and fees for documents, procedure............... HB 111 Secretary; Hamilton McWhorter, Jr. elected .......................... Page 24 Senator Ed Perry; excused ....................................... Page 1718 Senator Haskew Brantley; excused ........................... Pages 713, 748 Senator James W. (Jim) Tysinger; excused ......................... Page 1825 Senator Kyle Cobb; excused........................................ Page 78 Senator Lewis H. McKenzie; excused....................... Pages 2311, 2704 Senator Loyce Turner; excused ................................... Page 1425 Senator Max Brannon; excused ............................ Pages 2048, 2784 Senator Nathan Deal; excused .................................... Page 2277 Senator R.T. (Tom) Phillips; excused ........................ Page 1718, 1825 Senator Richard Greene; excused ................................. Page 1679 Senator Ted Land; excused ...................................... Page 1135 Senator Tom Allgood; excused .................................... Page 1425 Senator Tom Coleman; excused ............ .Pages 554, 592, 625, 681, 748, 855, 906, 953, 1021, 1102, 1135, 1201, 1275, 1364, 1424, 1474 Senator W.F. (Billy) Harris; excused ............................... Page 113 Senator Wayne Garner; excused .................................. Page 2783 Senators-Elect; certified by Secretary of State ........................ Page 13 Senators-Elect; oath of office administered by Justice George T. Smith . . . Page 16 Sergeant at Arms; Marvin W. "Cap" Hicks elected .................. Page 24 Standing Committees; appointed .................................... Page 16 Transportation Committee; Senator Peevy act as Chairman .... Pages 1198, 1358 Urban and County Affairs Committee; Senator Harris act as Chairman ................................................... Page 1467
SENIOR CITIZENS (See Elderly)
SENOIA, CITY OF; Corporate limits; change .......................... SB 280
SENTENCE Criminal procedure; death penalty by lethal injection .................. HB 848 Criminal procedure; judges panel sets minimum time, capital cases ....... SB 52 Municipal courts; impose community service work ..................... HB 474
SEXUAL OFFENSES Child abuse; urge protection of victims, coordinate resources ............ SR 199 Child testimony; criminal trial, special procedures ...................... HB 27 Minors; exploitation, reports by print medium processors ................ SB 79 Sentence; judges panel sets minimum time to serve, capital cases ......... SB 52
SHELLMAN, CITY OF; Recognize Scottish-American Heritage Center SR 162
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2982

INDEX

SHERIFFS (Also See Courts) Fees, subpoenas; Secretary of State, corporation investigations........... HB 171 Hunting on land of another; enforcement duties ....................... SB 215 Minimum annual salary, service in other courts ........................ SB 43 Retirement Fund; benefit options, actuarial computations ............... HB 398 Retirement Fund; board membership, clarify provisions ................ HB 165 Tax Commissioners as ex officio sheriffs; consent ...................... HB 761
SMALL BUSINESSES IN GEORGIA STUDY COMMITTEE, JOINT...... SR 17
SMITH, FRANK ADAMS; Commend ............................... SR 104
SMITH, PAULINE; Commend ................................. SR 90
SMITH, RAYMOND; Regrets at passing ............................ SR 107
SMYRNA, CITY OF; Mayor and Council; terms of office, referendum ..... SB 286
SNYDER, J. R. "JIM"; Railroad industry career, commend. ............. SR 179
SNYDER, J. R.; Commend.................................. SR 172
SOCIAL SERVICES Community care services; agencies authorized to serve ................. SB 233 Day care centers; criminal records check of employees, licensing......... HB 462 Medicaid eligibility; homestead of elderly nursing home resident......... SB 198 Medicaid fraud; definitions, actions against providers................... HB 543 Medicaid; eyeglass program, urge use of in-state providers.............. SR 197 Medical Assistance Department; reciprocal agreements ................. HB 199 Personal Care Homes; licensing, criminal record check, employees ....... HB 461 Vocational Rehabilitation; vending facilities operated by blind........... SB 106
SOIL AND WATER CONSERVATION; Executive director; salary set by law .................................................... HB 585
SOIL CONSERVATION SERVICE, U.S.; Urge reevaluation of proposed budget cuts ................................................... SR 186
SOLAR ENERGY EQUIPMENT; Sales tax refund; extend time ........... HB 94
SOPERTON, CITY OF; City Council; elections, districts ................. SB 290
SOUTHEAST TOURISM SOCIETY; Commend ....................... SR 225
SOUTHERN REGIONAL EDUCATION COMPACT; Oklahoma; membership....................................................... SR 18
SOUTHERN REGIONAL TASK FORCE ON INFANT MORTALITY; Commend ....................................................... SR 222
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2983

SPACE MANAGEMENT ACT; Definitions; DOAS, lease agreements ...... HB 436
SPALDING COUNTY Commissioners; five-member board .................................. HB 984 Griffin-Spalding Development Authority; continue in force .............. SB 188 Magistrate Court; chief, compensation ............................... HB 985 Probate Court; judge, nonpartisan election............................ SB 142 Tax Commissioner; change compensation ............................. HB 947
SPECIAL AUDIENCES, INC.; Appreciation for art programs for disabled . SR 11
SPECIAL OLYMPICS, GEORGIA; Commend participants ............. SR 124
SPEECH PATHOLOGY; Speech Pathology and Audiology; examining board, licensing .................................................. HB 112
ST. SIMON'S ISLAND; Property conveyance; land exchange, National Guard ............................................... SR 102
STATE CAPITOL Guess, George; authorize portrait in capitol building ................... HR 203 Ross, John; authorize portrait in capitol building ...................... HR 202
STATE COURTS Judges; delete provision for nonpartisan election ....................... SR 182 Juries; composition, procedure, certain cases ........................... SB 48
STATE DEFENSE FORCE Georgia State Guard; name changed ................................ SB 202 Georgia State Guard; name changed ................................ HB 565
STATE EMPLOYEES (Also See Public Officers and Employees) Campaigns, political; illegal use of employees, investigations ............ SB 261 Deaf interpreters; employed by more than one agency................... SB 54 Employee benefit plan; establish .................................... SB 113 Hold local elective or party office ............................... SB 9 Labor Department; hourly wage earners, no Merit benefits ............. HB 681 Merit System Study Committee; create ............................ SR 181 Merit System Unclassified Service; Personnel Board approve ............. SB 8 Retirement; unused leave credit, benefits lost on conviction of crime...... SB 224
STATE GOVERNMENT Administrative Services Department; space management, rent agreements . HB 436 Agency rules, proposed; General Assembly veto power .................. SR 46 Appropriations; general FY 1985-86 .......................... HB 226 Appropriations; supplemental FY 1984-85 .............................. HB 4 Appropriations; supplemental FY 1984-85 .............................. HB 1 Appropriations, supplemental FY 84-85, amend, storage facility ......... HB 475 ATLAS OF GEORGIA; designated official State Atlas .................. HR 18 Audits Department; personnel report, copies to General Assembly members .............................................. HB 783
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2984

INDEX

STATE GOVERNMENT (Continued) Bonds; plan allocating issuance of revenue bonds to local governments..... HB 95 Building Authority; police, security provisions......................... SB 155 Building Authority; powers, contracts and parking facilities ............. HB 587 Capitol building; George Guess, authorize portrait hung ................ HR 203 Capitol building; John Ross, authorize portrait hung ................... HR 202 Claims Advisory Board; clarify agencies covered ...................... HB 257 Contracts; bidding denied after trade restraint conviction ............... HB 940 Department heads; salary set by law, certain agencies.................. HB 585 Development Authority; bonds, leases, local water-sewer projects ....... SB 269 Funds; excess received, General Assembly control ...................... SR 42 General Assembly; veto of proposed agency rules....................... SR 46 Governmental Liability Commission; create ........................... HR 171 Industry and Trade Department; economic, tourism development, powers . . SB 11 Mental Health; separate from Retardation and Developmental Disabilities .................................................... SB 176 Merit System; Commissioner appointed by Personnel Board............... SB 1 Merit System; proposed rules, legislative review required ................ HB 77 Officials; salaries, cost-of-living increases ............................. HB 270 Properties Commission; amendments to existing leases ................. HB 617 Properties Commission; powers, disposition of public property ........... HB 703 Property; conveyances, General Assembly may vary filing............... HB 704 Public Safety Department; accept donations, conveyances ................ HB 58 Public works contracts; progress payments............................ SB 91 Railroad excursions; operated by Building Authority ................... HB 471 Retirement boards, state systems; adoption of rules .................... HB 227 Transportation Departments; contracts, bidding procedures. ............. SB 148 Unemployment compensation claims; Administrative Services ........... HB 485

STATE MARINE MAMMAL; Designate fermata whale, the right whale .... SR 91

STATE OF GEORGIA; 200th year; urge postage stamp in honor ......... SR 214

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION Powers and duties; disposition of public property ...................... HB 703 Powers; amendments to existing leases ............................... HB 617 Public Safety Department; donations, conveyances ...................... HB 58

STEPHENS COUNTY; State Court; re-create ........................ HB 671

STERILIZATION; Mentally incompetent; procedures .................... SB 110

STEWART COUNTY Probate and Superior Courts; judges' compensation .................... HB 751 Sheriff; compensation ............................................. HB 750
Sheriff; deputy, compensation........................................ HB 53 Tax Commissioner; compensation ................................... HB 752

STILSON ELEMENTARY SCHOOL; Commend

SR 35

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INDEX

2985

STOCKMAN, DAVID, BUDGET OFFICE; Urge apology, military pension remarks ......................................................... SR 130
STONE MOUNTAIN MEMORIAL ASSOCIATION Membership; delete Lieutenant Governor............................. SB 205 Police powers .................................................... SB 133
STONE MOUNTAIN; City Manager; create office ...................... HB 667
STONE, IOLA; Commend .................................... SR 191
STONE, REBECCA; Commend ....................................... SR 45
SUGAR HILL, CITY OF; Corporate limits; change. ..................... HB 722
SULLIVAN, HAROLD JAMES; Commend ......................... SR 204
SUMNER, TOWN OF; Town council; election.......................... HB 472
SUNSET LAW Consumers' Utility Counsel; audit, legislative review .................... HB 89 Employment Agency Advisory Council; change termination date. ......... SB 10 Labor; employment security, corrections services, no statutory powers ..... SB 12 Water, Wastewater Treatment Operators Board; change termination ...... SB 59
SUPERIOR COURTS (Also See Courts or Judicial Circuits) Appeals; trials, time and procedures ................................. SB 183 Bail in drug trafficking cases ....................................... SB 86 Blue Ridge Judicial Circuit; change Forsyth County terms............... HB 37 Cherokee Judicial Circuit; judges, salary supplement................... HB 635 Clerks; fee for transcripts ........................................... SB 93 Clerks; liens, judgments, file name, social security ...................... SB 66 Clerks; minimum annual salary ..................................... HB 711 Cobb Judicial Circuit; judges, retirement payments .................... SB 285 Court administrator; employed in lieu of law clerk ..................... SB 24 Court administrator; employed in lieu of law clerk .................... HB 144 Dublin Judicial Circuit; judges, salary supplement..................... HB 592 Habeas corpus; proceedings held at penal institution .................... SB 90 Judges retirement fund; creditable service, 8 years to vest .............. SB 103 Judges retirement fund; spouse's benefits ............................. SB 174 Judges retirement fund; spouse's benefits ............................. SB 180 Judges; nonpartisan elections, delete provision......................... SR 182 Judgeships Study Committee; reapportion circuits, joint ................ HR 106 Juries; commissioners, succeed themselves ............................ HB 101 Juries; composition, procedure, certain cases ........................... SB 48 Juries; elderly persons, request for removal from duty .................. HB 157 Juries; uniform selection provisions ................................... HB 85 Law clerks; compensation ........................................... SB 83 Northeastern Judicial Circuit; additional judgeship .................... SB 186 Ocmulgee Judicial Circuit; court reporters, salary ..................... SB 172
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2986

INDEX

SUPERIOR COURTS (Continued) Piedmont Judicial Circuit; additional judge ........................... SB 264 Secretaries to judges, district attorneys, salary scale .................... SB 61 Superior Court Judges Council; create ................................ SB 95 Trials; order changed if elderly person is party........................ SB 173 Waycross Judicial Circuit; judges, counties supplement................. HB 486
SWAINSBORO, CITY OF; Property conveyance; exchange, Emanuel County-Forestry Commission ....................................... SR 106
SWANSON, KAREN; Commend ..................................... SR 68
SWIMMING FACILITIES; Public; lifeguards required. ................... SB 81
SYLVESTER, CITY OF City Council; election districts ...................................... HB 193 Mayor and Council members; election ............................... HB 896

TAIWAN PROVINCIAL ASSEMBLY DELEGATION; Welcome ....... SR 231
TALLAPOOSA JAYCEES; Commend ............................... SR 267
TALLAPOOSA LIONS CLUB; Commend ............................ SR 263
TATTNALL COUNTY Commissioners; provide ............................................ HB 604 Education Board; election of members ............................... HB 863 Education Board; membership, continue in force ...................... HB 861 Industrial Development Authority; continue in force ................... HB 860 State Court; judge, compensation ................................... HB 603
TAX COLLECTORS, COMMISSIONERS Ad valorem tax; payment and reports to county on collections........... SB 209 Ex officio sheriffs; compensation for services .......................... HB 340 Ex officio sheriffs; consent requirements, certain counties ............... HB 761 Minimum salaries ................................................ SB 199 Qualifications, terms, filling of vacancies .............................. HB 75 Retirement; ineligible for State Employees' System .................... HB 417 Tax payment checks made payable to county office .................... HB 404 Tax payment checks payable to office; exempt Fulton County ........... SB 273
TAX EXECUTIONS; Provisions for lost original, combining of actions ...... HB 64
TAXATION (See Revenue and Taxation)
TAXICABS; Self-insurance; requirements .............................. HB 665
TAYLOR COUNTY Commissioners; reapportion districts ................................ HB 1045 Education Board; education districts ................................ HB 1098
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INDEX

2987

TEACHERS RETIREMENT Employees' Retirement System; transfers limited ...................... SB 206 Falsified records; penalties ......................................... HB 293 Membership not mandatory, certain persons 60 years of age ............ HB 259 Nominating Committee; meeting provisions ........................... HB 294
TEACHERS; Sick leave; accumulation provisions........................ SB 238
TEENAGE AND YOUTH UNEMPLOYMENT STUDY COMMITTEE, HOUSE; Create ........................................................... HR 11
TELEPHONE CENTER; Appreciation to ladies for session assistance ..... SR 230
TELEPHONES, TELEGRAPH SERVICE Local telephone companies; urged to be competitive .................... SR 93 Local telephone companies; urged to become competitive ............... HR 198 Long Distance Telecommunications Study Committee; create ........... SR 193 Obscene language used for commercial purposes unlawful .............. HB 177 Rural cooperatives; sale of satellite television systems unlawful .......... HB 639
TELEVISION; Satellite systems; sale by electric membership corporations prohibited ....................................................... HB 639
TENNILLE, CITY OF; Elections; provisions............................ HB 952
TEXTILE, APPAREL IMPORTS; Urge President and Congress act to moderate growth .......................................................... SR 145
THOMAS COUNTY; Education Board, School Superintendent; selection, continue........................................................ HB 1071
THOMAS, ELOISE; Commend ....................................... SR 19
THOMASTON; CITY OF Mayor, Council; elections .......................................... HB 131 Thomaston Office Building Authority; continue in force ................ HB 432 Thomaston-Upson County Development Authority; continue in force ..... HB 433 Water, Sewerage and Electric System; continue in force................ HB 434
THOMASVILLE, CITY OF; Payroll Development Authority; continue in force ....................................................... HB 1070
TIFT COUNTY Contracts, purchases; provide for bid system .......................... HB 935 Elections and Registration Board; create ............................. HB 762
TIMBER SALES; Wood load tickets to landowner ...................... SB 232
TIME PERIODS; Computations relating to laws, statutes, civil practice .... SB 169
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2988

INDEX

TIME-SHARE ACT; Public offerings, sales agreements, trade practices ..... HB 69

TODD, HONORABLE TOMMY; National Jaycee President, introduction.................................................... Page 1591

TOOMBS COUNTY; Development Authority; continue in force .......... HB 730

TOOMBS OAK TREE; University of Georgia campus; urge historical marker......................................................... HR 199

TORTS
Actions; encourage structured settlements, awards ..................... HR 189 Animals; owner liability for injuries caused ............................ SB 16 Corporations; venue, county of origin of cause of action ................ SB 127 Libel actions; retraction by publications, evidence .......... . .......... SB 77 Medical malpractice; time limits on actions, foreign object left .......... SB 170 Polygraph examiners; regulations..................................... SB 19 Swimming facilities; public, lifeguards required ........................ SB 81 Wrongful death; action to recover, division provisions ................... HB 83

TOUCHSTONE, TERRY H.; Commend .............................. SR 143

TOURISM SOCIETY, SOUTHEAST; Commend

SR 225

TOWNS COUNTY; Treasurer; abolish office ........................... HB 869

TRAFFIC OFFENSES Accidents; reckless driving, duties of drivers ........................... SB 89 Accidents; security for damages, operator and owner notified............ HB 601

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION STUDY COMMITTEE; Create

SR 253

TRANSPORTATION (Also See Highways or Public Utilities and Transportation) Board; James L. Conner elected member............................ Page 230 Board; Otis A. Brumby, Jr. elected member ......................... Page 229 Commissioner; salary set by law .................................... HB 585 Contracts; bidding prohibited after certain convictions.................. HB 940 Contracts; highway projects, bidding procedure ....................... SB 148 Contracts; one bid received, procedures .............................. HB 705 Contracts; progress payments, exemption ............................ SB 91 Designate Antebellum Trail; via Athens, Milledgeville and Macon ........ HR 52 Designate Antebellum Trail; via Athens, Milledgeville and Macon ........ SR 31 Designate bridge in Murray County for Charlie Kendrick .............. HR 200 Designate bridge in Murray County for I.M. Peeples ................... SR 33 Designate bridge over Chattahoochee, Roswell, for Archie Lindsey........ HR 21 Designate bridge over Lake Lanier for Richard B. Neville.............. HR 174 Designate bridge over Little River, Eatonton, for Horace Layson ......... SR 6 Designate bridge over Ogeechee, Bulloch County as Doctors Floyd Bridge ........................................................ HR 235

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INDEX

2989

TRANSPORTATION (Continued) Designate bridge over Ogeechee, Bulloch County for Captain William Cone ......................................................... HR 236 Designate bridge over Southern Railway, Gordon, for Walter A. Scott .... HR 24 Designate Corridor Z highway, Columbus to Macon, as Jimmy Carter Parkway ....................................................... HR 55 Designate North Rome Connector as Veterans Memorial Highway ..... HR 101 Fire hydrants; marking system on public roads requested ................ HR 79 Fire hydrants; marking system on public roads........................ SR 196 Forests; controlled burning, prior notice, duties......................... SB 98 Hazardous materials; private carriers, safety regulations ................ HB 507 Hazardous materials; Public Service Commission regulate .............. HB 917 Hazardous materials; Public Service Commission regulate .............. SB 214 Hazardous materials; urge Congress strengthen laws ................... SR 187 MARTA; repeal wage and benefit limits, non-union employees ........ SB 187 Motor fuel tax; exemptions, record keeping requirements ............... HB 431 Rail Passenger Authority Law; enact, legislative overview .............. HB 172 Railroads hauling hazardous materials; caboose required ............... SB 242 Senate Standing Committee; Senator Peevy act as Chairman . . Pages 1198, 1358 Tandem Trailer Access to Public Roads Study Committee............... HR 74 Trucks; flat-bed van carriers, length limitations, signs .................. HB 692 Trucks; secured loads, cover to prevent spillage ........................ SB 99 Trucks; urge increased loads allowed for certain trucks................. SR 226
TREUTLEN COUNTY Development Authority; continue in force ............................ HB 756 Dublin Judicial Circuit; judges, salary supplement .................... HB 592
TRION, CITY OF Homestead exemption; elderly, continue in force ..................... HB 1001 School District; use of sales tax levy, continue in force ................. HB 999
TROUP COUNTY Commissioners; compensation....................................... HB 598 Commissioners; election districts .................................... HB 554 Coroner; compensation ............................................ HB 597 Magistrate Court; compensation .................................... HB 599 Officials; change certain salaries .................................... HB 596 State Court; judge and solicitor, compensation ........................ HB 600
TRUCKS Common carriers; sales tax exemption, certain cases .................. HB 590 Federal Highway Administration; urge increased loads allowed .......... SR 226 Flat-bed van carriers; length limitations, signs ........................ HB 692 Hazardous material; Public Service Commission regulate ............... HB 917 Hazardous materials; private carriers, safety regulations ................ HB 507 Hazardous materials; Public Service Commission regulate .............. SB 214 Load covered; requirements to prevent spillage ......................... SB 99 Motor carriers; appeals procedure, Public Service Commission........... HB 655 Motor carriers; driver's license suspension, exemptions ................ HB 179
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2990

INDEX

TRUCKS (Continued) Tandem Trailer Access to Public Roads Study Committee, joint.......... HR 74 Towing trailers; safety chain required................................. HB 70

TUBERCULOSIS; Hospitalization of suspected cases; procedures .......... HB 366

TURNER, SENATOR LOYCE; Excused

Page 1425

TWIGGS COUNTY; Dublin Judicial Circuit; judges, salary supplement .... HB 592

TYBEE ISLAND, CITY OF; Property conveyance; easement for pier...... HR 220

TYRONE, TOWN OF; Mayor and Council; provide for offices ........... HB 1083

TYSINGER, SENATOR JAMES W. JIM; Excused

Page 1825

u

UNEMPLOYMENT COMPENSATION Appropriation to Labor Department; credits to Trust Fund ............. HB 265 Benefits; denied educators between school terms ....................... HB 266 Consolidate claims processing and payment........................... HB 485 Employment Security Law; appeals provisions ........................ HB 331 Taxable wage base; weekly benefits ................................. HB 411 Wages; redefine relating to workers' compensation ..................... HB 412
UNION CITY, CITY OF Municipal Court; associate judge, appointment........................ SB 279 Municipal Court; associate judge, appointment........................ HB 912
UNION COUNTY; Hospital Authority; terms of members, filling of vacancies ........................................................ HB 843
UNIVERSITY OF GEORGIA ATLAS OF GEORGIA; designated official State Atlas ................. HR 18 Commend football team, Coach Dooley .............................. SR 142 Historical marker at Toombs Oak on campus ......................... HR 199 Recognize 200th anniversary ........................................ SR 54
UNIVERSITY SYSTEM (Also See Colleges or Education) DeKalb Junior College; approval of acquisition........................ HR 218 Eminent Scholars Endowment Trust Fund; create ..................... HB 919 Georgia Tech; recognize 100th anniversary of charter .................. HR 175 Industrial Loan Act; colleges and universities exempt .................. HB 437 Laboratory, Equipment, Eminent Scholars Endowment Study Committee . . SR 79 Rehabilitation Technology Center Study Committee; aid handicapped .... SR 126 Units exempt from Retail Installment Sales Act ...................... HB 438
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2991

UPSON COUNTY; Thomaston-Upson Industrial Development Authority; continue in force ................................................. HB 433
URBAN AND COUNTY AFFAIRS; Senate Standing Committee; Senator Harris act as chairman................................... Page 1467
URBAN COUNTY AND MUNICIPAL STUDY COMMITTEE Create ........................................................... SR 29 Create ........................................................... HR 15
URBAN DEVELOPMENT; Redevelopment Powers Law; enact, counties, cities, powers .................................................... HB 430
URBAN RESIDENTIAL FINANCE AUTHORITY; Powers; provisions on housing loans, bonds ................................................. HB 640
USED CAR DEALERS; Licensing requirements ........................ HB 494
USSERY, MARY FRANCES; State 4-H Board President; remarks ....... Page 370
UTILITIES (See Public Utilities and Transportation)

VALDOSTA HIGH SCHOOL FOOTBALL TEAM Commend Coach Hyder and team ................................... SR 28 Introduction .................................................... Page 554
VALDOSTA, CITY OF Central Development Authority; continue in force ..................... HB 305 Homestead exemption; continue in force ............................. HB 103 Tax administration merged with Lowndes County; continue in force ..... HB 108 Valdosta-Lowndes County Industrial Authority; continue in force ........ HB 304
VENDORS; Roadside; urge local governing authorities to regulate ........ .HR 154
VETERANS AFFAIRS (Also See Military Affairs) Commissioner; salary provisions..................................... HB 270 Medal of Honor, Georgia; authorize design and striking ................ SR 176 Prestige license plates; fees, identification provisions .................... HB 43 Veterans Memorial Highway; designate North Rome connector. ........ .HR 101 War Veterans Home; urge Governor budget funds for new wing......... SR 158
VETERINARIANS; License expired; reinstatement ....................... SB 25
VETOES BY GOVERNOR; 1984 and 1985 sessions ............ Pages 25, 30, 555
VICKERS, ROBERT H.; Condolences ................................ SR 103
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2992

INDEX

VICTIMS OF CRIME Crime Victim Recovery Fund Study Committee; create ................ SR 272 Impact statement to court; notified of inmate parole .................... SB 75 Notification; parole of inmate ....................................... SB 51 Parole supervision fees; used to assist ................................. SR 22 Presence in court; provisions. ........................................ SB 74 Sexual offenses; child testimony, criminal trial procedures ............... HB 27
VIDALIA, CITY OF; Development Authority; continue in force ........... HB 728
VOCATIONAL REHABILITATION; Vending facilities operated by handicapped ..................................................... SB 106
VOTER REGISTRATION Cards; temporary location, additional places ........................... SB 34 Death certificates; filing, recording procedures ........................ HB 659 Librarians; authorized to serve...................................... HB 190 Post cards authorized; counties of 500,000 ........................... SB 168 Post cards; military personnel and residents overseas .................... SB 68 Students; registration at school outside county of residence .............. HB 48

w

WAGES Unemployment Compensation; redefine wages, workers' compensation .... HB 412 Unemployment Compensation; taxable wage base. ..................... HB 411
WALDRON, KAY; Commend .................... SR 60
WALKER COUNTY Development Authority; continue in force ............................ HB 672 Rural Water and Sewer Authority; membership, bonds................. HB 166
WALTON COUNTY Commissioners; chairman, expense allowance ......................... HB 758 Commissioners; compensation....................................... HB 759 Coroner; compensation ........................................... HB 1117
WAR VETERANS HOME; Urge Governor budget funds for new wing. SR 158
WARE COUNTY; Waycross Judicial Circuit; judges' salary supplement . . . . HB 486
WAREHOUSE ACT; Licensing, bond provisions ........................ SB 159
WARNER ROBINS, CITY OF; Municipal Court; penalties imposed for violations ....................................................... HB 809
WARREN COUNTY Commissioners; compensation, expense allowances ..................... HB 981
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2993

WARREN COUNTY (Continued) Superior Court; deputy clerk, compensation. ......................... HB 1081 Tax Commissioner; assistants, compensation ......................... HB 1082
WARTHAN, H. PATRICIA; Commend .............................. SR 112
WASHINGTON COUNTY Commissioners; provide for board, members, and chairman ............. HB 949 Tax Commissioner; change compensation ............................. HB 950
WASTE MANAGEMENT Hazardous materials; aid in mitigating damage, no liability ............. HB 153 Municipal water, sewage systems; fees, service made available ........ HB 501
WATER, WASTEWATER TREATMENT PLANT OPERATORS BOARD; Change termination date. ................................ SB 59
WATERFOWL; Natural Resources Department; develop and issue stamp.... HB 96
WATERS, PORTS AND WATERCRAFT Local governments; water and sewer projects, state funds............... SB 269 Municipal water, sewage systems; fees, service made available .......... HB 501 Swimming facilities; public, lifeguards required ........................ SB 81 Underwater archeology; provisions................................... HB 277 Wastewater treatment plant; definitions, board termination .............. SB 59 Water Well Standards Advisory Act; revise provisions .................. HB 32
WAYCROSS JUDICIAL CIRCUIT; Judges; counties supplement salary .... HB 486
WAYNE COUNTY Industrial Development Tax; continue in force ....................... HB 1101 State Court; judge, solicitor, salary, secretary ......................... SB 244
WELFARE (See Social Services or Medicaid)
WELLER, FREDDY; Country recording artist, commend ................ SR 178
WESTWOOD WILDCATS BOYS FOOTBALL TEAM, GIRLS SOFTBALL TEAM; Commend ....................... SR 51
WHALE, STATE MARINE MAMMAL; Designate fermata whale, the right whale............................................... SR 91
WHITE COUNTY Education Board; election of members, continue in force .............. HB 1077 Industrial Building Authority; continue in force ...................... HB 1078 Superior Court; deputies, employees, compensation ................... HB 1002 Tax Commissioner; change compensation ............................. HB 609
WHITE, CITY OF; Aldermen; filling of vacancies................... HB 538
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2994

INDEX

WHITE, J. DAN; Commend......................................... SR 194

WHITFIELD COUNTY Election Board; repeal act creating .................................. HB 856 Elections and Registration Board; create ............................. HB 857 Officials; compensation, certain officers............................... HB 865

WILDLIFE CLUB OF EVANS COUNTY; Commend .................. SR 233

WILKES COUNTY Education Board; election districts .................................. SB 167 Homestead exemption; eligibility requirements ....................... HB 1091

WILKINSON COUNTY Magistrate Court; chief and, clerk, cost-of-living increases. .............. SB 197 Probate Court; judge, personnel, cost-of-living increases ................ SB 196 Sheriff; personnel, cost-of-living increases............................. SB 194 Superior Court; clerk, personnel cost-of-living increases. ................ SB 193 Tax Commissioner; personnel, cost-of-living increases .................. SB 195

WILLIAMS, GARLAND H. "BULLDOG"; Commend ................. SR 213

WILLIAMS, ROLAND COLCORD; Commend

SR 219

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Banks; intestate deceased depositors, procedures, redeeming checks. ....... HB 61 Distribution; spouse, children, renunciation provisions .................. HB 119 Estates; appraisement, heir or beneficiary offer evidence ................ SB 208 Investment trusts; fiduciaries' authority .............................. SB 112 Living Wills; nursing homes prepare at request of resident.............. SB 191 Wills; probate, notice to all beneficiaries ............................ SB 46 Wills, contested; probate court jurisdiction, notification ................. HB 735

WINE (See Alcoholic Beverages)

WINTERVILLE, CITY OF; Mayor, Councilmen; election and terms ....... HB 698

WITNESSES Correctional Officers; fees for appearance ............................. SB 27 Victim of crime; right to be present in court .......................... SB 74

WOMEN'S CORRECTIONAL INSTITUTION STUDY COMMITTEE; Create .......................................................... SR 132

WOMEN'S HISTORY WEEK; Designate .............................HR 168

WOODSTOCK, CITY OF; Corporate limits; change ..................... SB 283

WORK RELEASE PROGRAMS; Inmates; correctional institutions, funds earned ...................................... HB 120

WORKERS' COMPENSATION Benefits; provisions, requirements, insurance repayments ................ SB 160 Benefits; time for payment ......................................... SB 163

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INDEX

2995

WORKERS' COMPENSATION (Continued) Board members; salary provisions ................................... HB 270 Board; reports on medical service charges ........................... SB 160 Hearings; dismissal procedures...................................... SB 162 Insurance providers; repayment for medical expenses................... SB 161 Subsequent Injury Trust Fund; change provisions...................... HB 764 Wages; redefine relating to unemployment compensation. ............... HB 412
WORLD CONGRESS CENTER Designate Zell Miller Corporate Conference Center .................... HR 50 Parking, lease agreements with Georgia Building Authority ............. HB 587
WORTH COUNTY; Commissioners; compensation ..................... HB 1085
WRESTLING; Boxing and Wrestling Commission; powers and duties ....... HB 39

YOUTH ART MONTH IN GEORGIA; Relative to .................... SR 203 YOUTHFUL OFFENDER ACT; Definitions, policies, procedures .......... SB 157

ZONING PROCEDURES LAW; Powers and duties of counties and municipalities ................................................... HB 51
ZONING, PLANNING; Procedures; required in certain counties and cities . . HB 325
ZOOS Atlanta; tax levy funds may be used for zoo.......................... HB 634 Atlanta-Fulton County Recreation Authority; operate .................. HB 825

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