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. 1402 JOURNAL OF THE SENATE 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. 1404 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. 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. 1406 JOURNAL OF THE SENATE 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. 1408 JOURNAL OF THE SENATE 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 1410 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. 1412 JOURNAL OF THE SENATE 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. 1414 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 1416 JOURNAL OF THE SENATE 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