Journal of the Senate of the State of Georgia regular session 1986, volume I, commenced at Atlanta, Georgia, Monday, January 13, 1986 and adjourned Friday, March 7, 1986

Compiler's Note
The Journal of the Senate for the regular session of 1986 is bound in two separate volumes. Volume I contains January 13, 1986 through February 24, 1986. Volume II contains February 25, 1986 through March 7, 1986 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1986
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 13, 1986 and adjourned Friday, March 7, 1986

OFFICERS
OF THE
STATE SENATE
1986
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

FULTON COUNTY

Assistant Bill Clerk

LINDA THOMPSON ................................ Calendar Clerk
CLAYTON COUNTY

FAYE MOORE ................................... Information Clerk
GWINNETT COUNTY

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

Senators

District Address

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ted J. Land ............................... 16th . . . .Columbus

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

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

Representatives

District

Address

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bill H. Barnett ................... 10 ............. Gumming

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

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

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

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

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

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

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

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

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

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

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

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

Thomas B. Buck, III ............... 95 ............. Columbus

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

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

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

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

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

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

E. M. (Buddy) Childers ............ 15, Post 1 ........ Rome

Mrs. Mobley (Peggy) Childs ........ 53 ............. Decatur

Betty J. Clark ..................... 55 ............. Atlanta Louie Max Clark .................. 13, Post 1 ........ Danielsville Luther S. Colbert.................. 23 ............. Roswell Terry L. Coleman ................ 118 ............. Eastman Carlton H. Colwell.................. 4, Post 1 ........ Blairsville Jack Connell ...................... 87 ............. Augusta Bill Cooper ....................... 20, Post 3 ........ Marietta Jesse Copelan, Jr.................. 106 ............. Eatonton Barbara H. Couch ................. 40 ............. Atlanta Walter E. Cox ................... 141 ............. Bainbridge John G. Crawford .................. 5 .............Lyerly Tom Crosby, Jr. .................. 150 ............. Waycross Bill Cummings .................... 17 ............. Rockmart J. C. Daugherty ................... 33 ............. Atlanta J. Max Davis ..................... 45 ............. Atlanta Douglas C. Dean .................. 29 ............. Atlanta Harry D. Dixon .................. 151 .............Waycross Denny M. Dobbs .................. 74 ............. Covington William J. Dover .................. 11, Post 1 ........ Clarkesville Wesley Dunn ..................... 73 ............. McDonough Ward Edwards ................... 112 ............. Butler Dorothy Felton .................... 22 ............. Sandy Springs James M. (Jimmy) Floyd .......... 154 ............. Hinesville Philip A. (Phil) Foster. .............. 6, Post 2........Dalton Mary Jane Galer .................. 97 ............. Columbus John F. Godbee .................. 110 ............. Brooklet Bill Goodwin ...................... 63 ............. Norcross Gerald E. Greene ................. 130 ............. Cuthbert John W. Greer .................... 39 ............. Atlanta Denmark Groover, Jr. .............. 99 ............. Macon DeWayne Hamilton ............... 124 ............ .Savannah Bob Hanner...................... 131 .............Parrott Robert A. (Bobby) Harris........... 84 ............. Thomson W. G. (Bill) Hasty, Sr. .............. 8, Post 2....... .Canton Forest Hays, Jr. .................... 1, Post 2 ........ Flintstone Paul W. Heard, Jr. ................ 43 ............. Peachtree City James P. (Jim) Hill................ 83 ............. Martinez C. E. (Ed) Holcomb ............... 72, Post 3 ........ Jonesboro Bob Holmes....................... 28 ............. Atlanta George Hooks .................... 116 ............. Americus Frank Home ..................... 103 ............. Macon W. N. (Newt) Hudson ............ 117 ............. Rochelle Johnny Isakson .................... 21, Post 2 ........ Marietta Jerry D. Jackson.................... 9, Post 3 ........ Chestnut
Mountain

Neal Jackson...................... 65 .............Monroe Mary Jeanette Jamieson ............ 11, Post 2 ........ Toccoa Diane Harvey Johnson ............. 123 ............. Savannah Frank B. Johnson .................. 21, Post 4....... .Smyrna Rudolph Johnson .................. 72, Post 4 ........ Morrow Suzi Johnson ...................... 76 ............. Orchard Hill Thomas M. Kilgore ................ 42 ............. Douglasville Jack Kingston .................... 125 ............. Savannah Bob Lane ........................ Ill ............. Statesboro Dick Lane ........................ 27 ............. East Point Terry Lawler...................... 20, Post 5 ........ Clarkdale Tom Lawrence .................... 49 ............. Stone
Mountain Bobby Lawson ..................... 9, Post 2 ........ Gainesville Bill Lee .......................... 72, Post 1 ........ Forest Park Carolyn Lee ...................... 70 ............. Carrollton John Linder....................... 44 ............. Dunwoody Hugh Logan ...................... 67 ............. Athens Bobby Long...................... 142 ............. Cairo Jimmy Lord ..................... 107 ............. Sandersville David E. Lucas................... 102 ............. Macon John M. Lupton ................... 25 ............. Atlanta J. C. Maddox ...................... 7 ............. Calhoun William C. (Bill) Mangum, Jr. ...... 57, Post 2........ Decatur Charles C. Martin ................. 60 ............. Buford Jim Martin ....................... 26 ............. Atlanta Hugh D. Matthews ............... 145 ............. Moultrie Lauren (Bubba) McDonald, Jr. ...... 12 ............ Commerce Forrest L. McKelvey ............... 15, Post 2........ Lindale J. E. (Billy) McKinney ............. 35 ............. Atlanta Wade Milam ...................... 81 ............. LaGrange Billy Milford ...................... 13, Post 2 ........ Hartwell Lundsford Moody ................. 153, Post 1 ........ Baxley James C. Moore .................. 139 ............. West Green Chesley V. Morton ................. 47 ............ .Tucker John L. Mostiler................... 75 ............. Griffin Roy D. Moultrie................... 93 ............. Hamilton Anne Mueller .................... 126 ............. Savannah Thomas B. Murphy ................ 18 ............. Bremen Clinton Oliver .................... 121 ............. Glennville Mike Padgett ..................... 86 ............. Augusta James L. (Jim) Pannell............ 122 .............Savannah Bobby Eugene Parham ............ 105 ............. Milledgeville Larry J. "Butch" Parrish .......... 109 ............ .Swainsboro Robert L. Patten ................. 149 ............. Lakeland

Robert G. (Bob) Peters .............. 2 ............. Ringgold Boyd Pettit ....................... 19 ............. Cartersville L. L. (Pete) Phillips. .............. 120 ............ .Soperton Frank C. Pinkston ................ 100 .............Macon DuBose Porter.................... 119 ............. Dublin Howard H. Rainey................ 135 ............ .Cordele Tom Ramsey ....................... 3 ............. Chatsworth Virginia P. Ramsey ............... 155 ............. Brunswick William C. (Billy) Randall......... 101 ............. Macon Dick Ransom ..................... 90 ............. Augusta Robert Ray ....................... 98 ............. Fort Valley Henry L. Reaves ................. 147 ............. Quitman Frank L. Redding, Jr. .............. 50 ............. Decatur Eleanor L. Richardson .............. 52 ............. Decatur Cas Robinson ..................... 58 ............. Stone
Mountain Pete Robinson ..................... 96 ............. Columbus Ben Barren Ross .................. 82 ............. Lincolnton A. Richard Royal................. 144 ............. Camilla John D. Russell ................... 64 ............. Winder Mrs. Helen Selman ................ 32 ............. Palmetto J. Neal Shepard, Jr. ............... 71 ............ .Newnan Alien Sherrod .................... 143 ............. Coolidge Georganna Sinkfield ................ 37 ............. Atlanta Earleen Sizemore ................. 136 ............. Sylvester Larry Smith ...................... 78 ............. Jackson Paul E. Smith ..................... 16 ............. Rome Tommy Smith .................... 152 ............. Alma Calvin Smyre ..................... 92 ............. Columbus Mike Snow ...................... 1/1 ............. Chickamauga Frank E. Stancil................... 66 ............. Watkinsville Cathey W. Steinberg ............... 46 ............. Atlanta Charles Thomas ................... 69 ............. Temple Mable Thomas .................... 31 ............. Atlanta Steve Thompson ................... 20, Post 4 ........ Austell Kiliaen V. R. (Kil) Townsend ....... 24 ............. Atlanta Tom Triplett ..................... 128 ............. Savannah Ralph Twiggs ...................... 4, Post 2 ........ Hiawassee Ted W. Waddle .................. 113 ............. Warner Robins Kenneth Waldrep .................. 80 ............. Forsyth Charles W. Walker ................ 85 ............. Augusta Larry Walker .................... 115 ............. Perry Vinson Wall ...................... 61 ............. Lawrenceville J. Crawford Ware ................. 77 ............. Hogansville Roy H. (Sonny) Watson, Jr. ....... 114 ............. Warner Robins
10

Charlie Watts ..................... 41 ............. Dallas John White ..................... 132 .............Albany Tom Wilder....................... 21, Post 5 ........ Marietta Betty Jo Williams ................. 48 ............. Atlanta Juanita Terry Williams ............. 54 ............ .Atlanta Roger Williams..................... 6, Post 1 ........ Dalton Joe Mack Wilson .................. 20, Post 1 ........ Marietta Joe T. Wood ....................... 9, Post 1 ........ Gainesville Ken Workman .................... 51 ............. Stone
Mountain Charles W. Yeargin ................ 14 ............. Elberton Mary Young ..................... 134 ............. Albany
11

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 13, 1986 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1985-86 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
The following resolution of the Senate was read and put upon its adoption:
SR 275. By Senators Holloway of the 12th, Kennedy of the 4th and Allgood of the 22nd: A resolution adopting the Rules of the Senate.
On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite majority, was adopted.
The following resolution of the Senate was read and adopted:
SR 276. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution to notify the House of Representatives that the Senate has convened.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Scott of the 2nd, Perry of the 7th, Bowen of the 13th, Dean of the 31st, Huggins of the 53rd, Land of the 16th and Engram of the 34th.
The following bill of the Senate was introduced, read the first time and referred to committee:
SB 291. By Senator Phillips of the 9th: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for continuation of coverage under group policies of accident and sickness insurance; to provide conditions; to provide for termination of coverage; to provide for notices; to provide for other matters relative to the foregoing.
Referred to Committee on Insurance.
The following bills of the House were read the first time and referred to committees:
HB 453. By Representative Coleman of the 118th: A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual

14

JOURNAL OF THE SENATE

salaries for county commissioners of counties which are governed by a single county commissioner.
Referred to Committee on Governmental Operations.

HB 724. By Representatives Coleman of the 118th and Walker of the 115th:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to limited interstate banking on a regional basis, so as to provide for the inclusion of the State of Arkansas within the definition of the term "Southern Region state".
Referred to Committee on Banking and Finance.

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

Albert Allgood Baldwin Barker Barnes Bnd Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Cobb
Coleman
Coverdell Dawkins Deal

English Fincher Foster Garner Gillis Greene Harris Harnson Hine Holloway HHoowrtoarnd
Hudgins
Kennedy
Kidd Langford McGill

Those not answering were Senators:

McKenzie Peevy Phillips Rav Reddish Scott of 2nd Scott of 36th ct *TM", , Stumbaugh Tlaimtemons
Tolleson
Trulock
Turner Tysinger Walker

Bowen Dean

Engram Huggins

Land Perry

Senator Coleman of the 1st introduced the chaplain of the day, Father Patrick O'Brien, pastor of the Church of the Nativity of Our Lord, Thunderbolt, Georgia, who offered scripture reading and prayer.

Lieutenant Governor Miller, President of the Senate, introduced the doctor of the day, Dr. James Kaufmann, who announced that Pamela Hartman would be serving as the nurse in the medical aid station during the 1986 session of the General Assembly.

MONDAY, JANUARY 13, 1986

15

The following resolution of the Senate was read and adopted:

SR 277. By Senators Kennedy of the 4th, Gillis of the 20th, Bryant of the 3rd and others: A resolution expressing regret at the passing of Honorable J.O. Bacon.

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

Mr. President:

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

HR 454. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Senate that the House of Representatives has convened.

HR 455. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution to notify the Governor that the General Assembly has convened.

The Speaker appointed as a committee of notification on the part of the House the following members:

Representatives Jamieson of the llth, Chambless of the 133rd, Waldrep of the 80th, Benn of the 38th, Milam of the 81st and Greer of the 39th.

HR 457. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor.

The Speaker appointed as a Committee of Escort on the part of the House the following members:

Representatives Argo of the 68th, Childers of the 15th, Martin of the 60th, Reaves of the 147th, Royal of the 144th, Sinkfield of the 37th and Stancil of the 66th.

16

JOURNAL OF THE SENATE

HR 458. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution to provide for the nomination and election of the state auditor.
HR 459. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution relative to adjournment.
The following resolution of the House was read and adopted:
HR 455. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution to notify the Governor that the General Assembly has convened.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Coverdell of the 40th, Kennedy of the 4th, Horton of the 17th, Deal of the 49th, Stumbaugh of the 55th, Trulock of the 10th and Barnes of the 33rd.
SENATE CALENDAR Monday, January 13, 1986 FIRST LEGISLATIVE DAY SB 152 Mentally Retarded Habilitation--change provisions on discharge (Hum R--25th) SB 201 Emergency Care Physician--conditions for liability immunity (J&CL--37th) SB 231 Criminal Trespass--damage of another's property less than $500 (J&CL--2nd) SR 150 Senate Study Committee on Rail Line Abandonment--create (Rules--12th) SR 151 Senate L&N Railroad Lease Study Committee--create (Rules--12th) SR 165 Senate Drug Classification Study Committee--create (Rules--17th) SR 174 Peace Officers' Annuity and Benefit Fund Study Committee--create (Rules--34th) HB 123 Grade Crossing--public hearing prior to closing (Trans--7th) HB 175 Termination of Parental Rights--new Article 2 (C&Y--2nd) HB 395 Forsyth County--homestead exemption (B&F--49th) HB 565 Georgia State Guard--change to State Defense Force (D&VA--32nd) HB 637 Cherokee Judicial Circuit Investigator for District Attorney--compensation (Judy--52nd) HB 848 Death Penalty--lethal intravenous infusion (SUBSTITUTE) (Judy--45th)
The following general bill of the Senate, having been read the third time and lost on February 18, 1985, and reconsidered on February 19, 1985, was put upon its passage:
SB 152. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provi sions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.
Senator Kidd of the 25th moved that SB 152 be postponed until January 16.

MONDAY, JANUARY 13, 1986

17

On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 152 was post poned until January 16.
The following general bill of the Senate, having been read the third time and lost on February 22, 1985, and reconsidered on February 25, 1985, was put upon its 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 con ditions for immunity from liability.
Senator Holloway of the 12th moved that SB 201 be committed to the Senate Commit tee on Judiciary and Constitutional Law.
On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 201 was commit ted to the Senate Committee on Judiciary and Constitutional Law.
The following general bill of the Senate, favorably reported by the committee and read the second time on February 21, 1985, was read the third time and put upon its passage:
SB 231. By Senators Scott of the 2nd and Deal of the 49th: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a person commits the offense of criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $500.00 or less.
Senator Holloway of the 12th moved that SB 231 be committed to the Senate Commit tee on Judiciary and Constitutional Law.
The motion prevailed, and SB 231 was committed to the Senate Committee on Judici ary and Constitutional Law.
The following resolutions of the Senate, favorably reported by the committee and read the second time on March 5, 1985, were read the third time and put upon their adoption:
SR 150. By Senators Holloway of the 12th, Timmons of the llth, Perry of the 7th and others: A resolution creating the Senate Study Committee on Rail Line Abandonments.
Senator Holloway of the 12th moved that SR 150 be withdrawn from the consideration of the Senate.
The motion prevailed, and SR 150 was withdrawn from the consideration of the Senate.
SR 151. By Senators Holloway of the 12th, Timmons of the llth, Perry of the 7th and others: A resolution creating the Senate L&N Railroad Lease Study Committee.
Senator Holloway of the 12th moved that SR 151 be withdrawn from the consideration of the Senate.
The motion prevailed, and SR 151 was withdrawn from the consideration of the Senate.

18

JOURNAL OF THE SENATE

SR 165. By Senators Horton of the 17th and Kidd of the 25th: A resolution creating the Senate Drug Classification Study Committee.
Senator Holloway of the 12th moved that SR 165 be withdrawn from the consideration of the Senate.
The motion prevailed, and SR 165 was withdrawn from the consideration of the Senate.
SR 174. By Senators Engram of the 34th, Trulock of the 10th, Garner of the 30th and others: A resolution creating the Peace Officers' Annuity and Benefit Fund Study Committee.
Senator Holloway of the 12th moved that SR 174 be committed to the Senate Commit tee on Rules.
The motion prevailed, and SR 174 was committed to the Senate Committee on Rules.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 123. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of public roads, so as to provide for a public hearing prior to the closing, relocation, or elimination of any grade crossing by means of an overpass or underpass. Senate Sponsor: Senator Perry of the 7th.
Senator Holloway of the 12th moved that HB 123 be withdrawn from the consideration of the Senate.
The motion prevailed, and HB 123 was withdrawn from the consideration of the Senate.
HB 175. By Representative Richardson of the 52nd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith. Senate Sponsor: Senator Scott of the 2nd.
Senator Holloway of the 12th moved that HB 175 be committed to the Senate Commit tee on Children and Youth.
The motion prevailed, and HB 175 was committed to the Senate Committee on Chil dren and Youth.
HB 395. By Representative Barnett of the 10th: A bill to increase the amount of exemption from ad valorem taxation for educa tional 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. Senate Sponsor: Senator Deal of the 49th.

MONDAY, JANUARY 13, 1986

19

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

W.M. Nixon, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 5, 1985

SUBJECT: Fiscal Note--House Bill 395 (LC 17 0376) Forsyth County: Homestead Exemption: Elderly

This Bill would increase the homestead exemption from ad valorem taxes for educa tional purposes for each resident of Forsyth County who is 62 years of age or older and who has a gross income from all sources not exceeding $8,000. The exemption would not exceed $15,000 of the homestead's value. This Bill would also require the homestead exemption to be approved by the electors of Forsyth County in the November, 1986 general election.
This Bill would not affect state revenue. The Bill would impact only county revenue for educational purposes and would require the county to pay the costs of the election to ap prove the increase in the homestead exemption. The fiscal impact to the county cannot be accurately determined but should be less than $5,000.

/s/ W.M. Nixon State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

Senator Holloway of the 12th moved that HB 395 be committed to the Senate Commit tee on Banking and Finance.

The motion prevailed, and HB 395 was committed to the Senate Committee on Bank ing and Finance.

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.
Senate Sponsor: Senator Tolleson of the 32nd.

Senator Holloway of the 12th moved that HB 565 be withdrawn from the consideration of the Senate.

The motion prevailed, and HB 565 was withdrawn from the consideration of the Senate.

20

JOURNAL OF THE SENATE

HB 637. By Representatives Maddox of the 7th, Pettit of the 19th and Childers of the 15th: A bill to amend an Act providing for an investigator for the office of the district attorney for the Cherokee Judicial Circuit, so as to change the compensation of such investigator; to provide for cost-of-living increases in such compensation. Senate Sponsor: Senator Mine of the 52nd.
Senator Holloway of the 12th moved that HB 637 be withdrawn from the consideration of the Senate.
The motion prevailed, and HB 637 was withdrawn from the consideration of the Senate.
HB 848. By Representatives Sizemore of the 136th, Groover of the 99th, Chambless of the 133rd and Childs of the 53rd: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the death penalty may be carried out by lethal intravenous infusion. Senate Sponsor: Senator Dawkins of the 45th.
Senator Holloway of the 12th moved that HB 848 be committed to the Senate Commit tee on Judiciary.
The motion prevailed, and HB 848 was committed to the Senate Committee on Judiciary.
The following resolutions of the House were read and put upon their adoption:
HR 459. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 17, 1986, and to reconvene at 10:00 o'clock A.M. on Monday, January 27, 1986.
On the adoption of the resolution, the yeas were 37, nays 0.
The resolution, having received the requisite majority, was adopted.
HR 457. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution calling a Joint Session of the House of Representatives and Senate at 10:45 o'clock A.M. on Wednesday, January 15, 1986, for the purpose of hearing an address by His Excellency, Governor Joe Frank Harris at 11:00 o'clock A.M. regarding the State of the State and Budget.
On the adoption of the resolution, the yeas were 39, nays 0.
The resolution, having received the requisite majority, was adopted.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Bryant of the 3rd, Kennedy of the 4th, Holloway of the 12th, Allgood of the 22nd, Dean of the 31st, Walker of the 43rd and Starr of the 44th.

MONDAY, JANUARY 13, 1986

21

HR 458. By Representatives Murphy of the 18th, Connell of the 87th, Burruss of the 20th and others: A resolution to provide for the nomination and election of the state auditor.
On the adoption of the resolution, the yeas were 37, nays 0.
The resolution, having received the requisite majority, was adopted.
The Secretary stated that no Senate bills were vetoed in 1985, and he read the following communication from Governor Joe Frank Harris:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
April 16, 1985
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 255, 362, 456, and 723 which were passed by the General Assembly of Georgia at the 1985 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
VETO NO. 1--H.B. 255
House Bill 255 provided for a change in the provision relating to the qualifications for a coroner. A technical error was made in this legislation and the author of the bill requested that this bill be vetoed. The appropriate provisions of House Bill 255 passed in Senate Bill 252 which has been signed into law.
VETO NO. 2--H.B. 456
House Bill 456 amended the general provisions regarding the transaction of insurance so as to provide for jurisdiction of certain providers of health care benefits. Because of a technical error in this legislation, the author of this bill requested that it be vetoed. The appropriate provisions of House Bill 456 passed as an amendment to Senate Bill 131 which has been signed into law.
VETO NO. 3--H.B. 362
House Bill 362 changed the provision relating to the payment of a clothing allowance for members of the Uniform Division of the Georgia State Patrol assigned permanently as personal security or on special duty assignments. Presently, the law provides for a set figure of $480.00 per year to be paid to members of the Uniform Division assigned as personal security or for special duty assignments. This legislation would have struck the dollar amount presently in the law and would have provided that the amount to be paid would be provided in the appropriations bill. The language change was not made in the appropria tions bill and therefore this legislation had to be vetoed.

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VETO NO. 4--H.B. 723
House Bill 723 amended certain provisions of the law relating to the appeal of rulings of the Georgia Public Service Commission. The legislation would have required a superior court judge to rule on a request for injunctive relief within 45 days of a complaint being filed. The Georgia Supreme Court in a decision handed down after the General Assembly adjourned ruled that injunctive relief was not available in an appeal of a decision by the Georgia Public Service Commission.

The following communication from Lieutenant Governor Zell Miller was read by the Secretary:

OFFICE OF LIEUTENANT GOVERNOR 240 STATE CAPITOL
ATLANTA, GEORGIA 30334
March 21, 1985
Mr. Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Pursuant to the request of Senator Al Scott, Chairman of the Senate Committee on Children and Youth, I am today creating two subcommittees of his Committee with the titles and members as follows:
Protection and Special Needs Subcommittee: Honorable Joe Burton, Chairman Honorable Julian Bond, Member Honorable Frank Albert, Member
Youth Unemployment and Delinquency Subcommittee: Honorable Arthur Langford, Chairman Honorable Frank Albert, Member Honorable Floyd Hudgins, Member

Thank you for this assistance.

Sincerely, /s/ Zell Miller

The following communications were read by the Secretary:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
December 16, 1985
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Downing Musgrove was elected as a member of the State Transportation Board from the First Congressional District. He will serve the remainder of the term of Honorable J.O. Bacon, deceased, which term expires April 15,

MONDAY, JANUARY 13, 1986

23

1988. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 322-20 relative to the State Transportation Board.
With kindest personal regards and best wishes, I am
Sincerely yours,
Is/ Frank H. Edwards Legislative Counsel
The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Downing Musgrove, Glynn County, has been elected pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the First Congressional Dis trict. He will serve the remainder of the term of Honorable J.O. Bacon, deceased, which term expires April 15, 1988.
This 16th day of December, 1985.
M Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly Atlanta
December 16, 1985
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on December 11, 1985, at 7:00 P.M. in the Chatham County Commission hearing room, Chatham County Courthouse, Sa vannah, Georgia, at which caucus Honorable Downing Musgrove, Glynn County, was elected as a member of the State Transportation Board from the First Congressional District to serve for the remainder of the term of Honorable J.O. Bacon, deceased, which term expires April 15, 1988.
Respectfully submitted,
/s/ J. Tom Coleman, Jr. Senator, 1st District Chairman First Congressional District Caucus
/s/ L.L. Phillips Representative, 120th District Secretary First Congressional District Caucus

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The General Assembly Atlanta
December 16, 1985
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on December 11, 1985, at 7:00 P.M. in the Chatham County Commission hearing room, Chatham County Courthouse, Sa vannah, Georgia, at which caucus Honorable Downing Musgrove, Glynn County, was elected as a member of the State Transportation Board from the First Congressional District to serve for the remainder of the term of Honorable J.O. Bacon, deceased, which term expires April 15, 1988.
Respectfully submitted,
/a/ J. Tom Coleman, Jr. Senator, 1st District Chairman First Congressional District Caucus
/s/ L.L. Phillips Representative, 120th District Secretary First Congressional District Caucus
The following communication from His Excellency, Governor Joe Frank Harris, was read by the Secretary:
STATE OF GEORGIA Office of the Governor
Atlanta 30334
January 13, 1986
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chambers Atlanta, Georgia 30334
Dear Lieutenant Governor Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation.
Honorable Gregory C. Ellison, C.P.A., of Fulton County as a member of the State Board of Accountancy, for the term of office beginning September 19, 1985 and ending June 30, 1989.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985 and ending June 30, 1986: William R. Howard of Fulton County; Patricia J. Steding of Fulton County; Michael R. Howren of Bartow County.
Honorable William A. Roquemore of Lanier County as a member of the Georgia Agri cultural Exposition Authority, for the term of office beginning July 1, 1985 and ending June 30, 1987.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985 and ending June 30, 1988: Foster Rhodes of Houston County; Emory Greene of Bibb County.

MONDAY, JANUARY 13, 1986

25

The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985 and ending June 30, 1989: James Eu gene Sutherland of Fulton County; Ralph L. Collins of Mitchell County; Joel Cowan of Fayette County.
Honorable James W. Buckley of Emanuel County as a member of the State Board of Architects, for the term of office beginning December 6, 1985 and ending March 5, 1990.
Honorable Hubert W. Whelchel, D.C., of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning July 2, 1985 and ending August 20, 1987.
The following named persons as members of the Georgia Board of Chiropractic Exam iners, for the term of office beginning August 27, 1985 and ending August 20, 1988: John Ellis, D.C., of Spalding County; Hewett M. Alden, D.C., of DeKalb County.
Honorable Amon L. Corn of Forsyth County as a member of the Board of Corrections, for the term of office beginning August 12, 1985 and ending July 1, 1988.
Honorable J.E. Autry, Jr., of Mitchell County as a member of the Board of Corrections, for the term of office beginning August 12, 1985 and ending July 1, 1990.
The following named persons as members of the Board of Corrections, for the term of office beginning August 22, 1985 and ending July 1, 1990: Victor B. Davis of Rockdale County; John A. Dana of Washington County.
Honorable Billie R. Capps of Houston County as a member of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985 and ending May 1, 1986.
Honorable Linda Caudell of Banks County as a member of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985 and ending August 9, 1986.
The following named persons as members of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985 and ending May 1, 1988: Jimmie LaShawn Jones of DeKalb County; Paul R. La Mons of Cobb County.
Honorable Willie Ella Wilson of Cobb County as a member of the Georgia State Board of Cosmetology, for the term of office beginning July 1, 1985 and ending July 1, 1988.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning July 1, 1985 and ending June 30, 1987: Lou J. Bennett, R.D. of Crisp County; Evelyn D. Brown of Fulton County; Willie I. Griffin of Cobb County.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning July 1, 1985 and ending June 30, 1989: M. Josephine Martin, Ph.D. of DeKalb County; Mary Glenn, R.D., of DeKalb County; Pam Mclntyre of Toombs County; Susan Shaw of Fulton County.
Honorable Russell Chapman, Jr., of Barrow County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 17, 1985 and ending June 1, 1989.
Honorable Ann W. Cramer of Fulton County as a member of the State Board of Regis tration for Professional Engineers and Land Surveyors, for the term of office beginning July 17, 1985 and ending June 30, 1990.
Honorable Alfred H. Bolton, III, of Spalding County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning August 12, 1985 and ending June 1, 1990.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning July 8, 1985 and ending September 29, 1987: Phyllis Freeman, D.S.W., of Fulton County; Roland E. Blending, Jr., of Fulton County; Thomas F. Jones of Fulton County.

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Honorable J. Larry Boss, M.D., of Carroll County as a member of the Joint Board of Family Practice, for the term of office beginning November 12, 1985 and ending July 1, 1991.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning December 6, 1985 and ending September 29, 1988: Marymal M. Dryden of Fulton County; Richard T. de Mayo of Fulton County; Nancy Lane Stone of DeKalb County.
Honorable Duross Fitzpatrick of Twiggs County as a member of the Georgia Forest Research Council, for the term of office beginning August 14, 1985 and ending August 25, 1991.
Honorable William H. Droze of Morgan County as a member of the Georgia Forest Research Council, for the term of office beginning August 26, 1985 and ending August 25, 1992.
Honorable Benjamin Weldon Bickers of Fulton County as a member of the Georgia State Board of Funeral Service, for the term of office beginning May 15, 1985 and ending May 1, 1990.
Honorable James M. Weeks of Chatham County as a member of the State Board of Funeral Service, for the term of office beginning June 12, 1985 and ending February 13, 1991.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 17, 1985 and ending April 6, 1990: Helen Gnann Byars of DeKalb County; W. Lamar Cousins, M.D. of Cobb County; David T. Johnson of Chatham County.
Honorable Frank Barren of Floyd County as a member of the Board of Industry and Trade, for the term of office beginning April 18, 1985 and ending July 1, 1988.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning July 15, 1985 and ending July 1, 1990: William Y. Barton of Clayton County; Raymond W. Willingham of Ware County; William B. Kuhlke, Jr., of Richmond County.
Honorable Thomas M. Keith, Jr. of Cobb County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985 and ending April 1, 1987.
Honorable Nella Gatewood of Fulton County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985 and ending July 1, 1987.
Honorable June D. Harrell of Fulton County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985 and ending April 1, 1988.
Honorable Mae Morgan, L.P.N., of Ware County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 16, 1985 and ending April 1, 1986.
Honorable Joyce E. Reynolds, L.P.N., of Paulding County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 16, 1985 and ending July 1, 1988.
The following named persons as members of the Georgia Board of Examiners of Li censed Practical Nurses, for the term of office beginning July 16, 1985 and ending May 1, 1989: Dorothy Peterson, R.N., of Columbia County; Shirley S. Dyer, L.P.N., of Cobb County.
The following named persons as members of the Council on Maternal and Infant Health, for the term of office beginning August 20, 1985 and ending July 18, 1985: J. Teddy

MONDAY, JANUARY 13, 1986

27

Holloway, M.D., of Brantley County; Pat Fenlon of Thomas County; Roberta M. Brown of Franklin County; Richard A. Wherry, M.D., of Lumpkin County; Donald M. Sherline, M.D., of Columbia County; Jane F. Kimbel, R.N., of Clarke County; Byllye Avery of Fulton County; G.H. Perrow, M.D., of Pickens County; Carol G. Pryor, M.D., of Richmond County; Elizabeth S. Tucker of Richmond County; T. Schley Gatewood, Jr., M.D., of Sumter County; Carol P. Motley, M.D., of Muscogee County.
The following named persons as members of the Board of Medical Assistance, for the term of office beginning June 11, 1985 and ending June 30, 1988: Joseph H. Patterson, M.D., of Fulton County; Ann McKee Parker of Fulton County.
Honorable Beauty P. Baldwin of Gwinnett County as a member of the Board of Medi cal Assistance, for the term of office beginning July 1, 1985 and ending June 30, 1989.
Honorable G. Gordon Irwin, D.O., of DeKalb County as a member of the Composite State Board of Medical Examiners, for the term of office beginning June 11, 1985 and end ing September 10, 1987.
Honorable James H. Butler of Cobb County as a member of the Board of Natural Re sources, for the term of office beginning June 25, 1985 and ending March 16, 1989.
Honorable Stephen E. Sanford, L.D.O., of Gwinnett County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 2, 1985 and ending March 16, 1989.
Honorable Charles Spencer Hamilton of Richmond County as a member of the State Board of Examiners in Optometry, for the term of office beginning December 4, 1985 and ending July 1, 1986.
The following named persons as members of the State Board of Examiners in Optome try, for the term of office beginning December 4, 1985 and ending September 6, 1988: T. Joel Byars, O.D., of DeKalb County; John P. Hendrix, Jr., O.D., of Gwinnett County.
Honorable Mobley Howell of Fulton County as a member of the State Board of Par dons and Paroles, for the term of office beginning December 31, 1985 and ending December 31, 1992.
Honorable Susan Landrum of Pickens County as a member of the State Personnel Board, for the term of office beginning May 20, 1985 and ending January 3, 1986.
Honorable Howard Fowler of Gwinnett County as a member of the State Personnel Board, for the term of office beginning May 20, 1985 and ending January 3, 1990.
The following named persons as members of the State Board of Postsecondary Voca tional Education, for the term of office beginning July 1, 1985 and ending June 30, 1990: Dorothy Pelote of Chatham County; Roy H. Mercer, Jr., of Randolph County; Julia M. Payne of Muscogee County; Therman McKenzie of DeKalb County; Walter W. Sessoms of Fulton County; Parks W. Burton of Carroll County; Chester Adair Austin of Cobb County; William T. Wiley, Jr., of Bibb County; James C. Harrington, Jr., of Forsyth County; Eugene Hunt of Richmond County; 0. L. Comer of Sumter County; Charles Matthews of Hall County; Betty Jones of Fulton County; Frank R. Howard of DeKalb County; John A. Wil liams of Fulton County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning March 14, 1985 and ending July 1, 1988: E. Stanley Reynolds of Cobb County; Rex E. Mote, Jr., of Cobb County.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning November 14, 1985 and ending July 1, 1989: Willie Talton of Houston County; Reverend Stewart Reese, Jr., of DeKalb County; James Robert Hamrick of DeKalb County.
Honorable Johnnie R. Miller of DeKalb County as a member of the Professional Stan-

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JOURNAL OF THE SENATE

dards Commission, for the term of office beginning May 29, 1985 and ending November 19, 1986.
The following named persons as members of the Professional Standards Commission, for the term of office beginning May 29, 1985 and ending November 19, 1987: Alphonse Buccino, Ph.D., of Clarke County; Faye Fox of Whitfield County; Audrey Olsen of Glynn County; Guy H. Davis, D.D.S., of Carroll County; James 0. Miller, Ph.D., of DeKalb County; Betty Hickman of Fulton County; Elizabeth Brown Sloop, Ed.D., of DeKalb County.
Honorable Jean Walburg Humphrey of Fulton County as a member of the State Board of Examiners in Psychologists, for the term of office beginning December 6, 1985 and ending July 1, 1990.
Honorable Daniel B. Rather of Fulton County as a member of the Georgia Real Estate Commission, for the term of office beginning July 10, 1985 and ending January 26, 1990.
Honorable James R. Drinnon of DeKalb County as a member of the Georgia Board of Registered Professional Sanitarians, for the term of office beginning May 15, 1985 and end ing November 22, 1985.
Honorable Carolyn Jeter of Fulton County as a member of the Georgia Board of Regis tered Professional Sanitarians, for the term of office beginning May 15, 1985 and ending June 30, 1986.
The following named persons as members of the Georgia Board of Registered Profes sional Sanitarians, for the term of office beginning May 15, 1985 and ending November 22, 1986: R. L. Tindol, Jr., of Fulton County; Harold M. Barnhart, Jr., Ph.D., of Oconee County.
The following named persons as members of the Georgia Board of Registered Profes sional Sanitarians, for the term of office beginning May 15, 1985 and ending November 22, 1987: Cecil A. Baldwin, Jr., of Bibb County; William J. Moore of Jones County.
Honorable Charles H. Murphy of Clayton County as a member of the Georgia Board of Registered Professional Sanitarians, for the term of office beginning May 15, 1985 and end ing November 31, 1987.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning September 1, 1985 and ending December 31, 1987: Richard M. Christian of Dougherty County; Carl F. Johnson of DeKalb County; Paul W. Ammons, Ed.D., of Oconee County; E. Diane Davis, A.C.S.W., of Fulton County; Andrew A. Cox, Ed.D., of Harris County.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning September 1, 1985 and ending December 31, 1988: Jan Shepherd, M.Ed., of Hall County; B. Jane Skelton of DeKalb County; W. Worth Bridges, Jr., Ed.D., of Tift County; Rosemary Fitts Funderburg, M.S., A.C.S.W., of Fulton County; Albert L. Cardwell, D. Min., of Bibb County.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning April 4, 1985 and ending March 15, 1990: Berta G. Adams of Chatham County; John T. Hurley, Jr., of Clarke County.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning April 4, 1985 and ending March 15, 1991: Anne P. Tamplin of Morgan County; Eunice L. Mixon of Tift County.
Honorable Walter Y. Murphy of Troup County as a member of the Georgia Student Finance Commission, for the term of office beginning November 21, 1985 and ending March 15, 1988.
Honorable John W. Robinson, Jr., of Barrow County as a member of the Board of Re-

MONDAY, JANUARY 13, 1986

29

gents of the University System of Georgia, for the term of office beginning January 7, 1985 and ending January 1, 1993.
The following named persons as members of the State Board of Registration of Used Car Dealers, for the term of office beginning July 17, 1985 and ending May 20, 1990: Ralph Lipsey of Chatham County; Freddie Massey of Clarke County.
Honorable Ranee J. Taylor of Colquitt County as a member of the Veterans Service Board, for the term of office beginning April 2, 1985 and ending April 1, 1992.
Honorable Julian L. Veatch, D.V.M., of Jefferson County as a member of the State Board of Veterinary Medicine, for the term of office beginning March 28, 1985 and ending September 16, 1989.
Honorable Neal A. Wellons of Henry County as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 4, 1985 and ending August 17, 1988.
Honorable Oliver R. Delk, III., of DeKalb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Lab oratory Analysts, for the term of office beginning June 19, 1985 and ending June 30, 1988.
Honorable James W. Paris of Barrow County as a member of the State Board of Work ers' Compensation, for the term of office beginning October 25, 1985 and ending May 1, 1989.
Sincerely,
/s/ Joe Frank Harris
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:50 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 14, 1986 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 294. By Senators Coverdell of the 40th, Deal of the 49th, Foster of the 50th and others: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and devel opment commissions, so as to provide for a program of rural economic develop ment; to provide for matters relative thereto.
Referred to Committee on Urban and County Affairs (General).
SB 295. By Senator Kidd of the 25th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for vot ing a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections.
Referred to Committee on Governmental Operations.
SB 296. By Senator Kidd of the 25th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or ser vice in public office; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office.
Referred to Committee on Governmental Operations.
SB 297. By Senator Kidd of the 25th: A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, and number of signatures required, so as to change the provisions relating to signature require ments for nomination of independent candidates; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 298. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to provide that without express authority granted by the Public Service Commission, a telephone company shall not charge a fee for switching on telephone service to a residence or business if

TUESDAY, JANUARY 14, 1986

31

such telephone company does not install telephones or provide other service within the residence or business necessary to switch on service. Referred to Committee on Public Utilities.
SB 299. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, so as to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets or otherwise when such fish are being raised for commercial purposes or for research. Referred to Committee on Natural Resources.
SB 300. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, so as to provide that no county or municipality shall grant or renew a franchise license for the operation of a cable television system unless the operator of such system provides repair service of such system to subscribers of the cable television system during all hours of the year. Referred to Committee on Governmental Operations.
SB 301. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, known as the "Bill of Rights for Residents of Long-term Care Facili ties," so as to change the provisions relating to involuntary transfer of residents; to provide that notice shall not be necessary prior to certain involuntary intrafacility transfers; to prohibit the transmission or recording of conversations with members of the staff without notification. Referred to Committee on Human Resources.
SB 302. By Senator Kidd of the 25th:
A bill to amend Code Section 43-9-7 of the Official Code of Georgia Annotated, relating to qualifications of applicants for license to practice chiropractic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations with respect to certain education requirements; to provide an effec tive date. Referred to Committee on Human Resources.
SB 303. By Senator Kidd of the 25th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the con duct of bingo games; to provide an effective date. Referred to Committee on Governmental Operations.
SB 304. By Senator Kidd of the 25th:
A bill to amend Article 8 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Em ployees' Retirement System of Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of Public Safety; to provide an effective date. Referred to Committee on Retirement.

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SB 305. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions. Referred to Committee on Governmental Operations.
SB 306. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to authorize the com missioner of personnel administration to establish, equip, and operate day-care center facilities for the purpose of serving children who are members of house holds of employees of state government; to provide for certain fees and charges. Referred to Committee on Children and Youth.
SB 307. By Senator Kidd of the 25th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check when a person issues a check, draft, or order on a bank or other depository when such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered. Referred to Committee on Banking and Finance.
SB 308. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a juvenile found to have committed a designated felony act and placed in a youth development center may be eligible for certain services and treatment and to participate in certain programs. Referred to Committee on Children and Youth.
SB 309. By Senator Kidd of the 25th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child. Referred to Committee on Children and Youth.
SB 310. By Senator Barnes of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is attested by a notary public; to provide for all related matters; to provide for an effective date and for applicability. Referred to Committee on Judiciary and Constitutional Law.
SB 311. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-239 of the Official Code of Georgia Annotated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceeding $2,500.00 of such a decedent, such person shall deposit such moneys

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33

into a savings account in the name of the decedent; to provide for all related matters. Referred to Committee on Judiciary and Constitutional Law.
SB 312. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to powers of the Supreme Court of Georgia, so as to provide that the court, in regulating the admission of attorneys to the practice of law, shall re quire each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants. Referred to Committee on Judiciary and Constitutional Law.
SB 313. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions the judges of the superior, state, and city courts shall be authorized but not required to reduce all or any part of their charges to the jury to writing and to send all or any part of charges so reduced to writing out with the jury during deliberation. Referred to Committee on Judiciary and Constitutional Law.
SB 314. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or otherwise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding. Referred to Committee on Industry and Labor.
SB 315. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that if a plaintiff fails to pay costs prior to renewing a previously dismissed action then the plaintiff shall upon motion be ordered to pay double costs in such action; to provide that if such double costs are not so paid then the renewed action shall be dismissed with prejudice. Referred to Committee on Judiciary and Constitutional Law.
SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence. Referred to Committee on Judiciary and Constitutional Law.
SB 317. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require a finding from the director of the Environmental Protection Division as a prereq-

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uisite to an override by a governing authority of the recommendation by the planning and development commission.
Referred to Committee on Natural Resources.
SB 318. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill per sons, alcoholics, drug dependent individuals, and drug abusers; to change definitions.
Referred to Committee on Human Resources.
SB 319. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations; to provide definitions; to provide voting procedures; to provide exceptions; to provide for the classification of directors. Referred to Committee on Judiciary.
SB 320. By Senator Land of the 16th:
A bill to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexaminations in con nection therewith, so as to provide that the department may require any person applying for renewal of a Georgia driver's license or any person who is the holder of a driver's license issued by another state, territory, or country who is applying for a Georgia driver's license to take and pass successfully certain examinations.
Referred to Committee on Transportation.
SB 321. By Senator Land of the 16th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules for the operation of vehicles on high ways, so as to prohibit the owner or operator of a truck from operating or permit ting the operation of such truck upon a public highway while a person under 16 years of age is occupying the open bed of such truck. Referred to Committee on Transportation.
SB 322. By Senators Kennedy of the 4th, Garner of the 30th, Kidd of the 25th and others:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any law enforcement officer or prison guard employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the law enforcement officer or prisonguard is physically unable to perform the duties of his employment. Referred to Committee on Corrections.
SB 323. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to remove the origi nal jurisdiction of the juvenile courts over certain juvenile capital crimes; to

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change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.
Referred to Committee on Judiciary and Constitutional Law.
SB 324. By Senators Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex and exclude certain property from the city.
Referred to Committee on Urban and County Affairs.
SB 325. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties. Referred to Committee on Urban and County Affairs (General).
SB 326. By Senator Phillips of the 9th:
A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or mis leading statements concerning the reasons for or purpose of any seminar or meet ing shall constitute a deceptive trade practice under certain circumstances.
Referred to Committee on Industry and Labor.
SB 327. By Senator Phillips of the 9th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospital administrator shall at the time of death of such patient, request that certain persons consent to such gift; to provide for procedures. Referred to Committee on Human Resources.
SB 328. By Senators Tolleson of the 32nd, Brantley of the 56th, Harrison of the 37th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to appli cation of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.
Referred to Committee on Urban and County Affairs (General).
SB 329. By Senators Peevy of the 48th and Allgood of the 22nd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide that it shall be unlawful for any person to measure or attempt to measure stressful physiological responses which purport to detect deception or verify truth of statement through the use of a psychological stress evaluator, a voice stress analyzer, or any such similar instru ment which measures and records only one physiological reaction to emotion.
Referred to Committee on Judiciary and Constitutional Law.

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SB 330. By Senator Cobb of the 28th:
A bill to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term "financial institution" as it relates to records and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire. Referred to Committee on Banking and Finance.
SB 331. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5. Referred to Committee on Governmental Operations.
SB 332. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide that any person attending a car race, concert, sporting event, or similar public event who intentionally throws, kicks, or otherwise propels any hard object or other mate rial shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. Referred to Committee on Public Safety.
SB 333. By Senator Cobb of the 28th:
A bill to amend Code Section 31-10-27 of the Official Code of Georgia Annotated, relating to fees for copies or services in connection with vital records, so as to change the provisions relating to the disposition of fees received by local custodi ans for searches or services in connection with vital records. Referred to Committee on Governmental Operations.
SB 334. By Senator Deal of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provi sions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds. Referred to Committee on Judiciary.
SB 335. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the removal from office of members of county boards of education for certain causes; to pro vide that a member's position on a county board of education shall become va cant if the member fails to attend a certain number of consecutive regularly scheduled meetings of the county board of education. Referred to Committee on Education.
SB 336. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance and the right to admission to public schools, so as to provide that no child shall be admitted to or attend any public elementary or secondary school in this state unless each parent

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or guardian with whom the child resides has completed and obtained a certificate of attendance for a parent orientation course. Referred to Committee on Education.
SB 337. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 52-2-11 of the Official Code of Georgia Annotated, relating to the power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to sell or dispose of property, so as to repeal the provisions which require the prior written approval of the Governor, the state auditor, and the Attorney General before the authority may sell, lease, mortgage, or convey any land as security for a loan. Referred to Committee on Transportation.
SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Ports Authority Act," so as to change the provisions relat ing to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County; to provide for applicability; to provide an effective date. Referred to Committee on Transportation.
SB 339. By Senator Deal of the 49th:
A bill to amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs against a prosecu tor when at a committal hearing the action is dismissed for want of probable cause, to provide for all related matters; to provide for an effective date and for applicability. Referred to Committee on Judiciary.
SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts. Referred to Committee on Judiciary.
SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insur ance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured mo torist coverage. Referred to Committee on Insurance.
SB 342. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relat ing to the time for making certain payments to the fund. Referred to Committee on Retirement.

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SB 343. By Senators Greene of the 26th, Dean of the 31st, Coleman of the 1st and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to authorize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes. Referred to Committee on Judiciary and Constitutional Law.
SB 344. By Senator Engram of the 34th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail for criminal offenses, so as to add the offense of aggravated sod omy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not entitled to bail if they have previously been convicted of such an offense or are charged with such an offense. Referred to Committee on Judiciary.
SB 345. By Senator Engram of the 34th:
A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to make it unlaw ful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale. Referred to Committee on Consumer Affairs.
SB 346. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished; to provide an effective date. Referred to Committee on Public Utilities.
SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the gov ernment of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding.
Referred to Committee on Judiciary and Constitutional Law.
SR 278. By Senator Kidd of the 25th:
A resolution relative to Plant Vogtle.
Referred to Committee on Public Utilities.
SR 281. By Senators Burton of the 5th, Albert of the 23rd, Scott of the 2nd and others:
A resolution encouraging the development of programs and services for handi capped preschool age children in all Georgia communities.
Referred to Committee on Children and Youth.

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39

SR 283. By Senators Coverdell of the 40th, Brantley of the 56th, Phillips of the 9th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution authorizing the President of the United States to re duce or eliminate one or more items of appropriation while approving other por tions of a bill.
Referred to Committee on Governmental Operations.

SR 285. By Senators Phillips of the 9th, Brantley of the 56th and Tolleson of the 32nd:
A resolution requesting the State Revenue Commissioner to make a recommen dation to the Governor and the General Assembly to achieve the coordination of state income tax returns with federal income tax returns.
Referred to Committee on Banking and Finance.

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

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

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

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

Those not answering were Senators:

Bond Brantley

Dawkins Deal

Perry

Senator Greene of the 26th introduced Reverend Henry Earl Peacock and Dr. William L. Clinton who are associated with the Georgia Baptist Convention Evangelism Department.

Senator Foster of the 50th introduced the chaplain of the day, Reverend Tom Query, of Habersham Christian Learning Center, Clarkesville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 279. By Senator Baldwin of the 29th: A resolution commending Mr. Steve Edmonson.

SR 280. By Senator Cobb of the 28th:
A resolution commending Mrs. Pat Lee and Thespian Troupe 2390 of Griffin High School.

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SR 282. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A resolution recognizing and commending the Georgia Hussars of Savannah, Georgia, on the two hundred fiftieth anniversary of its establishment, on Febru ary 13, 1976, by General James Edward Oglethorpe.
SR 284. By Senators Bond of the 39th, Tate of the 38th, Langford of the 35th and others: A resolution commending Mr. Don King and inviting him to appear before the Senate on January 14, 1986.
SR 286. By Senators Coverdell of the 40th and Howard of the 42nd: A resolution expressing regret at the untimely passing of Officer Philip Bruce Mathis of the Atlanta Police Force.
SR 287. By Senator Cobb of the 28th: A resolution commending Mr. J. Milton Coggin.
Serving as doctor of the day today was Dr. Larry W. Anderson of Lithonia, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 15, 1986 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1113. By Representatives Randall of the 101st, Home of the 103rd, Groover of the 99th and Pinkston of the 100th: A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to authorize the board of commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage for Bibb County.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 499. By Representatives Murphy of the 18th, Walker of the 115th and Lee of the 72nd: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 292. By Senator Dawkins of the 45th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain con tracts between principals engaged in wholesale sales and their sales representa tives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies.
Referred to Committee on Industry and Labor.
SB 293. By Senator Foster of the 50th: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the

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centennial of the founding of Young Harris College; to provide for all related matters; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 348. By Senator Cobb of the 28th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county sur veyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Surveyors from en gaging in the private practice of professional land surveying.
Referred to Committee on Governmental Operations.
SB 349. By Senator Garner of the 30th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in practice of applied psy chology, so as to change the education requirements for licensure; to provide an effective date.
Referred to Committee on Human Resources.
SB 350. By Senators Allgood of the 22nd and Gillis of the 20th:
A bill to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, so as to add threadfin shad and blueback herring as species that may be taken by dip net and to add cast nets as a means for taking certain species of fish; to provide an effective date. Referred to Committee on Natural Resources.
SB 351. By Senators Peevy of the 48th, Dawkins of the 45th and Greene of the 26th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to change the juris diction of the juvenile court regarding certain traffic offenses; to provide that courts other than the juvenile court shall have original jurisdiction of persons under 17 years of age having drivers' licenses or permits who are accused of com mitting certain traffic offenses.
Referred to Committee on Judiciary and Constitutional Law.
SB 352. By Senators Cobb of the 28th and Gillis of the 20th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal certain provisions relat ing to microforms; to provide authority for the establishment of microform stan dards; to provide for applicability of other provisions of law. Referred to Committee on Governmental Operations.
SB 353. By Senator Timmons of the llth:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment relating to the Calhoun County board of education; to provide that such continuation of such con stitutional amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to the Calhoun County board of education; to provide the authority for this Act; to provide for all related matters. Referred to Committee on Urban and County Affairs.

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SB 354. By Senators Barnes of the 33rd, Bond of the 39th, Scott of the 36th and others:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board; to provide an effective date. Referred to Committee on Governmental Operations.
SB 355. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for violations of county ordi nances, so as to change the conditions under which persons may be arrested prior to trial for violations of county ordinances. Referred to Committee on Judiciary and Constitutional Law.
SB 356. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of distilled spirits in dry counties and municipalities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful. Referred to Committee on Judiciary and Constitutional Law.
SB 357. By Senators Timmons of the llth and Trulock of the 10th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other mat ters relative thereto. Referred to Committee on Education.
SB 358. By Senators Land of the 16th, Phillips of the 9th, Brannon of the 51st and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provi sions relating to the number of peremptory challenges in felony cases; to change the provisions relating to selection of alternate jurors and additional peremptory challenges in felony cases; to provide an effective date. Referred to Committee on Judiciary and Constitutional Law.
SB 359. By Senator Reddish of the 6th:
A bill to amend an Act providing for the compensation of the coroner of Wayne County so as to change the compensation of the coroner; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 360. By Senators Gillis of the 20th, Kennedy of the 4th and McGill of the 24th:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions; to provide for a short title; to provide for definitions; to provide that only certain onions may be identified, classified, packaged, labeled, or otherwise designated for sale as Vidalia onions. Referred to Committee on Agriculture.

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SB 361. By Senators Langford of the 35th, Scott of the 36th, Walker of the 43rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that in no case and under no circumstances shall any person who was under 18 years of age at the time such person committed any crime for which a sentence of death could be imposed be sentenced to death or executed for such crime; to provide for resentencing of certain persons.
Referred to Committee on Judiciary.
SB 362. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or op poses any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony. Referred to Committee on Public Safety.
SB 363. By Senators Coverdell of the 40th, Land of the 16th, Phillips of the 9th and others:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to establish a reserve for full funding of the "Quality Basic Education Act" for a specified number of fiscal years; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Appropriations.
SB 364. By Senator Phillips of the 9th:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building; to provide exceptions. Referred to Committee on Consumer Affairs.
SB 365. By Senators Trulock of the 10th, Barnes of the 33rd, Gillis of the 20th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Commission on Agriculture in Georgia; to provide that the commission shall carry out a comprehensive study of the current status of agriculture in the State of Georgia and of identifiable expectations for the future of agriculture in the state; to provide for recommendations by the commission. Referred to Committee on Agriculture.
SB 366. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of cosmetologists, so as to prohibit certain sales and transfers of certain dangerous products except to persons licensed under that chapter; to provide an exception; to provide for injunctive relief; to provide that such sales or transfers are not criminal offenses. Referred to Committee on Governmental Operations.

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45

SB 367. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
SB 368. By Senator Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engag ing in the practice of a business or profession without a proper license; to provide for cease and desist orders; to provide penalties; to provide for judicial review; to provide for venue. Referred to Committee on Governmental Operations.
SR 288. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to provide for additional penalty assessments in criminal cases, to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 289. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
SR 290. By Senators Foster of the 50th, Deal of the 49th, Dean of the 31st and others:
A resolution creating the "No Pass, No Play" Study Committee. Referred to Committee on Education.
SR 291. By Senators Broun of the 46th, Holloway of the 12th, Harris of the 27th and others: A resolution creating the Senate Small Businesses in Georgia Study Committee.
Referred to Committee on Economic Development and Tourism.
SR 292. By Senator Fincher of the 54th: A resolution designating the R. E. Chambers Memorial Bridge.
Referred to Committee on Transportation.
SR 294. By Senators Timmons of the llth and Trulock of the 10th: A resolution relative to the proposed closing of the railroad between Lynn and Cuthbert, Georgia.
Referred to Committee on Transportation.

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The following bill of the House was read the fi.:st time and referred to committee:

HB 1113. By Representatives Randall of the 101st, Home of the 103rd, Groover of the 99th and Pinkston of the 100th:
A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to authorize the board of commissioners of Bibb County to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Public Education and Orphanage for Bibb County.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1103. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bond Bowen
B,,BBrrroaannutn"leooynf. 4.,,6.t,h Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
HHH,,.iaanrrennsson Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips pay Reddish
S0accootttt ool,f o2,,,,bn.td,n
tarr * ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Brown of 47th

Langford

Stumbaugh

Senator Reddish of the 6th introduced the chaplain of the day, Reverend Jimmy R. Swilley, pastor of Faith Memorial Church, Atlanta, Georgia, who offered scripture reading and prayer.

WEDNESDAY, JANUARY 15, 1986

47

The following resolution of the House was read and adopted:
HR 499. By Representatives Murphy of the 18th, Walker of the 115th and Lee of the 72nd: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representa tives and the Senate to hear a message from the Governor.
The following resolutions of the Senate were read and adopted:
SR 293. By Senator Fincher of the 54th: A resolution commending Dr. Luther Oneal Sutter.
SR 295. By Senator Trulock of the 10th: A resolution commending Jamie Owens.
SR 296. By Senator Peevy of the 48th: A resolution commending Tina Glass.
SR 297. By Senator Baldwin of the 29th: A resolution commending Amy Scott.
SR 298. By Senator Kennedy of the 4th: A resolution commending Mark Tillman.
SR 299. By Senator Bowen of the 13th: A resolution commending Julie Williford.
SR 300. By Senator Kidd of the 25th: A resolution commending Lynda Thomas.
SR 301. By Senator Kidd of the 25th: A resolution commending Christa Thomas.
SR 302. By Senators Broun of the 46th and Brown of the 47th: A resolution commending Kevin Perry.
SR 303. By Senator McGill of the 24th: A resolution commending Bryan Gabriel.
SR 304. By Senator McGill of the 24th: A resolution commending Lisa Wilson.
SR 305. By Senator McGill of the 24th: A resolution commending Steven King.
SR 306. By Senator McGill of the 24th: A resolution commending Sonjia Chow.

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SR 307. By Senators Broun of the 46th and Brown of the 47th: A resolution commending Tommy Vandiver.
SR 308. By Senator Gillis of the 20th: A resolution commending Richard Brantley.
SR 309. By Senator Turner of the 8th: A resolution commending Laura Fields.
SR 310. By Senator Turner of the 8th: A resolution commending Scott Dasher.
SR 311. By Senator Turner of the 8th: A resolution commending Bert Chancey.
SR 312. By Senator Foster of the 50th: A resolution expressing congratulations to Mr. Bill Elliott.
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 1132. By Representatives Porter of the 119th and Coleman of the 118th: A bill to provide for the election of the members of the board of education of Laurens County from single-member districts; to provide residency requirements.
HB 1133. By Representatives Dover of the llth and Jamieson of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof.
HB 1138. By Representatives Steinberg of the 46th, Robinson of the 58th, Williams of the 54th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to provide requirements relative to con flicts of interest in making zoning changes.
HB 1207. By Representatives Ware of the 77th and Milam of the 81st: A bill to provide a board of education of Troup County; to provide for the elec tion of members of the board; to provide education districts from which members of the board shall be elected.
HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter

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49

made for the operation of state government and the purposes provided for herein.
The following bills of the House were read the first time and referred to committees:
HB 1132. By Representatives Porter of the 119th and Coleman of the 118th: A bill to provide for the election of the members of the board of education of Laurens County from single-member districts; to provide residency requirements.
Referred to Committee on Urban and County Affairs.
HB 1133. By Representatives Dover of the llth and Jamieson of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of Habersham County to borrow funds and pledge certain building funds for the payment thereof.
Referred to Committee on Urban and County Affairs.
HB 1138. By Representatives Steinberg of the 46th, Robinson of the 58th, Williams of the 54th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to provide requirements relative to con flicts of interest in making zoning changes.
Referred to Committee on Urban and County Affairs.
HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to Committee on Appropriations.
HB 1207. By Representatives Ware of the 77th and Milam of the 81st: A bill to provide a board of education of Troup County; to provide for the elec tion of members of the board; to provide education districts from which members of the board shall be elected.
Referred to Committee on Urban and County Affairs.
Senator Engram of the 34th introduced Congressman Wyche Fowler who briefly ad dressed the Senate.
Senator Allgood of the 22nd moved that the Senate recess at 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow. The motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 457, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, members of the appellate courts, constitutional officers, members of the consular corps, dis tinguished guests, ladies and gentlemen:
I come before you today to make the fourth State of the State address of the term to which I was elected in 1982. When I stood before you in three previous years, I told you that the state of our state was good, and that we had made much progress. Those assessments were based on a look backward at the problems . . . and at the achievements of the previous year.
Today, I have a far different perspective as I stand here before you. This year's report is based on a look at the future . . . not at the past. Looking straight ahead ... as the next century rushes toward us, ... I am proud to be able to say to you that the State of the State of Georgia is excellent ... in fact, it is better than it has ever been . . . and we are better prepared to meet the challenges of the future than ever before.
For the first time in our history, . . . ladies and gentlemen, ... a governor can report to the people of Georgia that our state is no longer on the defensive.
In these past three years, a new philosophy has emerged in your state government, a philosophy which is geared specifically toward the future. No longer are we satisfied with simply reacting to a crisis. No longer do we allow a crisis to dictate our daily activities and decisions. No longer do we let a crisis obscure our vision of the future.
State government has made the transition from crisis management to strategic planning . . . from fragmentation of efforts to coordination and teamwork . . . from worrying about the next day's headlines to building for the next generation.
For most of my 21 years in state government, we have struggled with excuses and expla nations for our shortcomings, our problems and our low rankings, and I have seen state government's priorities change before the winds of the latest emergency.
For years, state government was continuously wrenched one way, then another, always reacting, and usually our reaction was simply to throw money at a problem, to make it recede into the background until some other problem took its place.
The steady demand for crisis management has taught us some hard lessons, but they are the sort of lessons that form the basis for the optimism I feel for our state today. We have learned to focus our vision, to target our efforts and to manage our resources.
Apologies and excuses for Georgia's state government are no longer necessary. This is certainly not to say that we are without problems; there will always be problems that must be addressed, and we will always have critics and Monday-morning quarterbacks to tell us how.
But now all across state government we have in place solid programs, sound policies and dedicated people working to address issues before they become problems, and we are motivated by a clear vision of the future--a vision that extends past the next week . . . the next month . . . the next year . . . the next term . . . clear into the 21st century.
Out of the ashes of our prison crisis has grown a correctional system which is a nation wide model. Along with it, we have implemented what is known as the Intensive Probation Program, another Georgia concept which is winning national acclaim. With an ambitious construction plan, we are successfully managing a growing prison population with a strategy geared to the future.
We have tackled the problem of drunk driving with tough laws, . . . tougher enforce ment . . . and a greater public awareness of the dangers of drinking and driving.
We now have a coordinated, all-out war on drugs in Georgia, combining the resources,

WEDNESDAY, JANUARY 15, 1986

51

manpower and equipment of six state agencies to clamp down on drug traffickers and illegal drug cultivation in our state.
We have rebuilt our reserve funds to their legally mandated limit through good man agement, and this year we have a healthy surplus to be applied toward needed capital outlay projects and other one-time expenditures.
We have implemented a concentrated approach to development under the Economic Development Council, and Georgians are enjoying record levels of personal income growth and job opportunities. Manufacturing investment in our state topped $2 billion for the first time in history last year, and total new and expanded capital investment in our state hit a record $21 billion, a 92 percent increase over 1984.
In education, last session we enacted a reform program which is being hailed across the country as the most all-inclusive effort yet undertaken by any state. New levels of account ability and renewed citizen involvement are already affecting achievement and morale.
Most importantly, with the passage of the Quality Basic Education Act, you and I have made education the top priority for Georgia. We have said that we can best prepare for the future by ensuring that our children receive a quality education now. It took us a long time to say that and mean it. Now that we have, . . . there is no turning back.
That is why the majority of the funds I am recommending to you in both the Amended Budget and the Fiscal Year 1987 Budget are devoted to the enhancement of education.
Our public schools alone will receive 53.7 percent of all new funds available for expendi ture, and including vocational education, the university system, student finance and teacher retirement programs, education is receiving over 64 percent of all new, non-earmarked funds in the two budgets you will be considering this session.
The Quality Basic Education Act was designed to be funded in a four-year, phased-in plan. Although this budget represents the second round of funding, my recommendation of $313,048,552 million for Q.B.E. carries us well past the halfway point in the program.
Counting all funds relating to the operation of our elementary and secondary public schools, I am recommending an increase of approximately $338 million for improving the educational future of our children.
My recommendation for the Fiscal Year 1987 Budget totals $5,316,000,000, based on a projected revenue increase of 6.9 percent over the Amended Budget. It will be one of Geor gia's historic budgets to future generations because we will achieve two milestones in educa tion: first, full-funding of the Quality Basic Education Act, which I pledged to the people of Georgia, and second, full-funding of the university system formula recommended by a 1982 study committee on higher education . . . and a dream that many thought we would never achieve.
Q.B.E. profoundly changes the entire level and structure of state and local funding for our public schools, creating a true partnership for the first time. A new equalization pro gram is designed to even out the funds per student that school systems receive from each mill for enrichment over and above Q.B.E. I am recommending $83 million in 1987 for this specific purpose. Also included under Q.B.E. are $136 million for the new formula itself and $23.5 million for other commitments.
Some far-reaching changes in the Q.B.E. formula include . . .
. . . full-day funding for kindergarten in all 186 school systems. . . . expanded classroom assistance for teachers. ... a 50 percent increase in maintenance and operation funds. ... a large increase for instructional materials and supplies. . . . state funding for administrative staff now supported by the local systems. . . . the first state funding for art, music and physical education specialists in grades 1-8.
Also being recommended is a $17.2 million construction program for our public libraries through five-year bonds.

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A key ingredient in the success of the Q.B.E. program will be our ability to attract and retain competent professionals in the classroom. My 1987 recommendations call for a 5 per cent pay raise for teachers . . . and a beginning teacher salary of $16,800. These recommen dations are based on the market sensitive salary study designed to guarantee our education professionals a salary structure which is comparable to other professionals with a four-year degree. While many of our teachers will actually receive a pay raise of about 8 percent, average teacher pay across Georgia will be almost $25,000, as a result.
State employees, university system personnel, school bus drivers and lunchroom work ers will receive a 4 percent across-the-board pay raise, in addition to the merit and within grade adjustments, keeping them all far ahead of the current inflation rate. The majority of these employees will actually receive a pay raise of about 8 percent.
Also for our state employees, I am including $3,986,171 for upgrading selected classifica tions, and I am recommending that the State Personnel Board increase all merit system classes by one pay grade effective July 1. For our 3,000 correctional officers . . . and selected classes in five other agencies, I am recommending an additional one-step increase, and for our retired teachers, I am recommending the full $9 million to fund House Bill 338.
My request for the university system . . . totalling $74.1 million . . . increases the ma jor repairs and rehabilitation fund to three-fourths of 1 percent of the system's physical plant. . . reduces the formula workload factor . . . increases the quality improvement item . . . and allows research institutions to keep 100 percent of the indirect cost recoveries from research contracts--or about $10 million.
I am recommending that $1.9 million of the $10.8 million increase in the major repairs and rehabilitation funds be allocated to complete the capital outlay commitments of our desegregation plan at Albany State, . . . Fort Valley State . . . and Savannah State Col leges, . . . and that $500,000 be allocated to renovate the soil testing laboratory at Athens, ... a needed improvement for agriculture in our state.
Also for our university system, I am recommending $54.5 million in bonds for new con struction, including $24.5 million to match $7.5 million already appropriated to complete the $32 million bioscience building at the University of Georgia ... a project recommended by the Research Consortium. Other construction projects totalling $30 million include . . . $10 million for an advanced technology and computer applications laboratory building at Georgia Tech . . . $7.8 million for a science building at Columbus College . . . $8.5 million for a multipurpose building at Georgia College . . . $1.5 million for a new administration building at Macon Junior College . . . and $2.2 million for a science building addition at Dalton Junior College. On July 1, DeKalb Junior College will become the 34th unit of the University System, and the cost of operation for the first year is being recommended as part of the Regents' formula.
Last year, we established the Eminent Scholars Program, . . . creating two $1 million Chairs of Excellence . . . one each at Georgia Tech and the University of Georgia . . . with $500,000 in state funds. I am recommending that the program be expanded to the Medical College of Georgia and Georgia State University with another $500,000 in state funds . . . creating the third and fourth $1 million Chairs of Excellence in our university system.
For the Board of Postsecondary Vocational Education, I am recommending $752,358 in operating funds for four schools that will be ready to convert to state governance on July 1 . . . Columbus, Heart of Georgia, Houston and Thomas. These funds replace local funds which have been used to operate the schools until now.
Next to education funding, our best investment for the future is the investment we make in a comprehensive, coordinated economic development package.
My 1987 recommendations include . . .
. . . $20 million in cash to round out a $100 million "Growth Corridors" highway program, which begins with the 1986 amended budget and will be continued annually hereafter.

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53

. . . $500,000 in a Special Investment Fund, to be administered by the Department of Com munity Affairs for locating new industries. . . . $5,570,000 for dike construction at the Savannah ports. . . . $1.6 million--to be matched with $800,000 from other sources--to establish a Center of Excellence in Textile Engineering at Southern Tech ... to assist one of our traditional industries hard hit by competition from foreign imports. This is the fifth project of the Georgia Research Consortium. . . . funds to promote Georgia tourism in Japanese markets, which should blossom with the beginning of direct air service from Tokyo this year. . . . funds to expand our Industry Recruitment and Marketing Program and continue a new Cooperative Advertising Program with local industrial development organizations, which I proposed in the amended 1986 Budget. . . . and funds to modernize and improve 107 cottages at seven state parks operated by the Department of Natural Resources.
No longer does economic development simply mean advertising for industries. Through the coordinated efforts of our state department heads, working as a team on the Economic Development Council, economic development has taken on new dimensions.
From local development programs of the Department of Community Affairs, to environ mental review by the Department of Natural Resources, to the agribusiness promotion by the Department of Agriculture, to the final industry site selection process of the Department of Industry and Trade, your state government managers are working today with local gov ernment officials, industry leaders, tourism promoters, agricultural leaders, and education professionals to coordinate our resources . . . and maximize our potential for growth like never before.
The simple fact that we now attempt to coordinate water and sewer grants, C.D.B.G. grants and even discretionary fund grants with highway construction and other state spend ing, such as the expansion of Jekyll and other tourist attractions, says more about how far we have come in three years than anything.
And while we are devoting much time and many hundreds of millions of dollars to education and economic development, we are addressing--in meaningful ways--the needs of Georgians who are less fortunate than you and I.
This year I am proud to be able to recommend to you one of the largest increases in the Department of Human Resources' Budget in the department's history . . . over $42 million in new money.
The largest portion of those funds--$10,313,820--will continue the 15 percent increase in A.F.D.C. payments which I have recommended to start on April 1. This money will pro vide recipients with the single largest increase ever granted.
In the area of infant mortality, ... I am recommending a total of $4,190,361 to fund five different programs aimed at lowering our current level of 13.4 deaths per 1,000 live births. The largest program is $2 million to increase contracts and grants to regional inten sive infant care centers.
To continue implementation of a statewide treatment system for alcoholics, I am rec ommending $1,411,598 to upgrade services now available in northeast Georgia and metro politan Atlanta. Three areas of the state received funding last year, leaving only three more regions still to be funded.
Additionally, I am recommending . . .
. . . $2.7 million to expand the Children's Medical Services Program, adding 2,000 more children to the 12,000 currently served. . . . $1,748,700 to expand community residential and support services for the mentally ill and mentally retarded. . . . $2,194,000 to fully fund the Community Care for the Elderly Program, which I spon sored as a member of the House.

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. . . $600,000 to serve the mentally ill and homeless through a case management system and grants to support shelters. . . . $439,581 to provide A.I.D.S. testing and diagnosis, public information and a 24-hour A.I.D.S. clinic at Grady Hospital. . . . $1.5 million to increase staffing at mental health and mental retardation institutions. . . . $6,650,000 in bonds for major renovations at Gracewood State School and Hospital.
To improve medicaid services, I am recommending $7.2 million to provide rate in creases for providers . . . and $5,601,750 to improve nursing home services to the elderly.
The management initiatives of our prison system entail a combination of programs and initiatives . . . including the "Grid" System . . . prison construction, which in my term will result in 7,133 new bed spaces . . . county workcamp expansion . . . detention and transi tion centers . . . and intensive probation.
In 1987, I am seeking . . .
. . . $1.5 million to add 85 new security positions at six correctional institutions. . . . funds for an additional housing unit at the Rogers Correctional Institution. . . . funds to operate the new Forsyth Correctional Institution. . . . $510,088 to increase county subsidy payments from $8.00 to $8.50 per inmate. . . . funds for 55 new probation supervisors . . . and 35 community service coordinators. . . . funds to expand the County Workcamp Program from $1 million to $2 million, with the additional funds targeted for counties which add spaces for short-term felons and misdemeanants. . . . planning funds for two 100-bed detention centers for short-term, habitual offenders. . . . $3.5 million to renovate the Bostick Building at Milledgeville. . . . and planning funds for two transitional centers to be managed by the Board of Pardons and Paroles.
To fund the first year of operation of our world-class Law Enforcement Training Center in Forsyth--the Georgia Public Safety Training Center--I am recommending $2,715,732.
I am also seeking $1.3 million to implement the GBI's new Automated Fingerprint Sys tem being recommended in the amended budget, . . . including 21 positions, . . . and funds for 17 new drug-fighting agents, bringing to 59 the number of GBI agents I have added to the war on drugs during my administration.
To improve facilities and services at the drivers' license stations, ... I am recom mending funding to complete the implementation of the Computer-Assisted Drivers' Li cense Issuance System, . . . along with 23 additional drivers' license examiners and clerks for the State Patrol.
As you can see, even with a smaller percentage increase in the FY 87 Budget than in 1986, we are remaining on the offensive in all areas of state government.
It is a fact that the amended and new year budgets have become more intertwined with each year, but never as closely as they are this year. The decisions you make about the 1986 amended budget will impact significantly on the expenditures in 1987. The wisdom--and restraint--we exhibit will determine how well we weather a short-term slowdown in our revenue collections.
I have every confidence in turning my recommendations over to you today . . . because together we have worked through some difficult times, made some tough decisions, and de vised a plan for the future based on the experience of the past. You and I--together--have brought our state to this enviable point in its history, and you should certainly share my pride in what we have accomplished.
We are mobilized, organized, and ready for action like never before in our history. We are not avoiding our problems; we are meeting them head on and solving them.
We lead most states in the country in job growth, in per capita income growth, in popu lation growth, in foreign investment, in university-level research, in the number of new busi-

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ness incorporations, in the number of high technology firms and jobs, and in the number of headquarters firms located here.
But your action last session to approve the Quality Basic Education Act is the single strongest--and most meaningful--indication of Georgia's new competitiveness. Your unani mous endorsement of this history-making education reform package sent a clear message to the world.
Ladies and Gentlemen, the state of our state is good, . . . and our potential is unlim ited. We are prepared for the future,. . . and we are no longer on the defensive. As long as I remain your Governor, . . . my pledge to you is that I will do all in my power ... to never again let our state be on the defensive . . . over any issue at any time.
We have much to be thankful for,. . . much to be proud of, ... and 37 legislative days of hard work ahead of us ... to reaffirm the statement made to the world last year, . . . that we as Georgians seek excellence and will settle for nothing less.
Thank you and God bless you.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. William D. Logan, Jr., of Atlanta, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 16, 1986 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 338. By Representatives Lawler of the 20th, Cummings of the 17th and Clark of the 13th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the mini mum retirement allowance paid to beneficiaries.
HB 345. By Representatives Thompson of the 20th and Cooper of the 20th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to pro vide that accumulated sick and annual leave shall not be forfeited for a certain break in service under certain conditions.
HB 355. By Representative Murphy of the 18th: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, and the age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age.
HB 391. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia.
HB 612. By Representative Steinberg of the 46th: A bill to amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, so as to provide for transfers under stated conditions for a particular time period.
HB 666. By Representatives Groover of the 99th and Murphy of the 18th: A bill to amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement Sys-

THURSDAY, JANUARY 16, 1986

57

tern of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 369. By Senators Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by munici palities and counties; to authorize joint self-insurance programs for municipali ties and counties; to authorize individual self-insurance programs for municipali ties and counties; to provide for definitions; to provide for contracts. Referred to Committee on Insurance.
SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to authorize certain changes in the qualifications of such office by local law; to provide an effective date. Referred to Committee on Judiciary and Constitutional Law.
SB 371. By Senators Dawkins of the 45th, Ray of the 19th and Tysinger of the 41st:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court rea sonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a frivolous claim or position; to provide that such costs may be awarded against a party, a party's attorney, or both and shall con stitute a money judgment. Referred to Committee on Judiciary and Constitutional Law.
SB 372. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, as amended, so as to change the compensation of said judge; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 373. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 374. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant and the defendant's attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant. Referred to Committee on Judiciary.

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SB 375. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change the provisions re lating to filing notice of candidacy; to change the provisions relating to nomina tion of candidates by petition. Referred to Committee on Governmental Operations.
SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that con sumption of alcohol during pregnancy is dangerous; to provide for rules and regu lations; to provide for fees; to provide for all matters relative to the foregoing. Referred to Committee on Consumer Affairs.
SB 377. By Senators Coleman of the 1st and Scott of the 2nd:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain restrictions on applicability of certain provisions relating to the repair, closing, or demolition of certain buildings and structures; to provide for legislative findings; to provide for applicability; to provide for definitions. Referred to Committee on Industry and Labor.
SB 378. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to standards for investments by trustees and executors, so as to provide for the right of beneficiaries of marital deduction trusts described in Internal Revenue Code Section 2056(b) (7) to direct the conversion of trust property into productive or income-producing property; to provide for other matters related thereto. Referred to Committee on Judiciary and Constitutional Law.
The following bills of the House were read the first time and referred to committees:
HB 338. By Representatives Lawler of the 20th, Cummings of the 17th and Clark of the 13th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the mini mum retirement allowance paid to beneficiaries; to change the provisions relating to the application of cost-of-living benefit increases to persons who retired under local retirement or pension systems so as to apply such provisions to the surviv ing spouse under certain conditions. Referred to Committee on Retirement.
HB 345. By Representatives Thompson of the 20th and Cooper of the 20th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to pro vide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification. Referred to Committee on Retirement.

THURSDAY, JANUARY 16, 1986

59

HB 355. By Representative Murphy of the 18th: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age.
Referred to Committee on Retirement.
HB 391. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia.
Referred to Committee on Retirement.
HB 612. By Representative Steinberg of the 46th: A bill to amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, so as to provide for transfers under stated conditions for a particular time period.
Referred to Committee on Retirement.
HB 666. By Representatives Groover of the 99th and Murphy of the 18th: A bill to amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement Sys tem of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals.
Referred to Committee on Retirement.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 344. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 339. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 343. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 316. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1207. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley BBrroyuanntof 46th Burton
Cobb Coleman
Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris HHianrerison Holloway
Horton Howard
Hudgins Huggins Kennedy

Kidd Land McGill McKenzie Peevy Perry Phillips D p "(,. , o^cTotTo*f 2ondj Scott of 36th
Starr Timmons
Tolleson Tysinger Walker

Those not answering were Senators:

Brown of 47th Langford

Stumbaugh Tate

Trulock Turner

THURSDAY, JANUARY 16, 1986

61

Senator Allgood of the 22nd introduced the chaplain of the day, Reverend Jerry Poole, pastor of Trinity Christian Methodist Episcopal Church, Martinez, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 313. By Senator Holloway of the 12th: A resolution commending the students and faculty of Albany Junior College.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Thursday, January 16, 1986
FOURTH LEGISLATIVE DAY (The name listed with the bill is the Senator whose district is affected by the legislation.)
HB 1103 Brannon, 51st Fannin County Provides for a board of registrations and elections for said county; provides for the powers and duties of the board; provides for the appointment, resig nation, and removal of its members.
The amendment to the following bill was put upon its adoption:
HB 1103:
Senator Brannon of the 51st offered the following amendment:
Amend HB 1103 by striking from Section 8 on line 3 of Page 5 the following: "June 1, 1985", and inserting in lieu thereof the following: "April 1, 1986".
By striking from Section 8 on line 6 of Page 5 the following: "July 1, 1985", and inserting in lieu thereof the following: "May 1, 1986".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to as amended.
On the passage of the bill on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond
BDBrraannnt.l,oeny Broun of 46th Bryant
Burton Cobb Coleman Coverdell Dawkins

Deal Dean Engram Foster Gillis
GHraerennse H,Hj.marenson Holloway Horton
Howard Hudgins Huggins
Kennedy Kidd

McGill Peevy Perry Phillips Rav
Reddish ScSccootttt ooff,. 2,,3n-6dth,
Stumbaugh
Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Brown of 47th English Fincher

Garner Land Langford

McKenzie Timmons Turner

On the passage of the local bill, the yeas were 47, nays 0.
The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed as amended.
SENATE CALENDAR Thursday, January 16, 1986 FOURTH LEGISLATIVE DAY
SB 152 Mentally Retarded Habilitation--change provisions on discharge (SUBSTI TUTE) (Hum R-- 25th)
The following general bill of the Senate, having been lost on February 18, 1985, recon sidered on February 19, 1985, and postponed on January 13, 1986, until January 16, was put upon its passage:

SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provi sions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.
Senator Kidd of the 25th moved that SB 152 be postponed until Tuesday, January 28.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 152 was post poned until Tuesday, January 28th.
Senator Allgood of the 22nd moved that the Senate stand in recess from 10:35 o'clock A.M. until 11:30 o'clock A.M., and the motion prevailed.
At 11:40 o'clock A.M., the President called the Senate to order.

THURSDAY, JANUARY 16, 1986

63

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 1130. By Representatives Steinberg of the 46th, Robinson of the 58th, Aaron of the 56th and others: A bill to create the office of citizens' zoning counsel of DeKalb County as a part of the form of government of DeKalb County.
HB 1166. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the educa tion districts of the board and provide that members of the board will be elected by the electors of those districts and not at large.
HB 1167. By Representative Yeargin of the 14th: A bill to reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local consti tutional amendment and provide for the election of that board.
HB 1168. By Representative Yeargin of the 14th: A bill to create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compensation and expenses, oath, commission, and bond of the chairman and members of the board.
HB 1206. By Representative Hooks of the 116th: A bill to create the Sumter County Public School System by merging and consol idating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System.
HB 1222. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued.
The following bills of the House were read the first time and referred to committees:
HB 1130. By Representatives Steinberg of the 46th, Robinson of the 58th, Aaron of the 56th and others: A bill to create the office of citizens' zoning counsel of DeKalb County as a part of the form of government of DeKalb County.
Referred to Committee on Urban and County Affairs.
HB 1166. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the educa-

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tion districts of the board and provide that members of the board will be elected by the electors of those districts and not at large.
Referred to Committee on Urban and County Affairs.

HB 1167. By Representative Yeargin of the 14th:
A bill to reconstitute and re-create the Board of Education of Elbert County as successor to the Board of Education of Elbert County established by local consti tutional amendment and provide for the election of that board.
Referred to Committee on Urban and County Affairs.

HB 1168. By Representative Yeargin of the 14th:
A bill to create a Board of Commissioners of Oglethorpe County and provide for its composition; to provide for the election, qualification, terms, compensation and expenses, oath, commission, and bond of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.

HB 1206. By Representative Hooks of the 116th:
A bill to create the Sumter County Public School System by merging and consol idating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System.
Referred to Committee on Urban and County Affairs.

HB 1222. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act creating the Mountville Water Authority, approved April 12, 1982 (Ga. L. 1982, p. 4452), so as to enlarge the area that the authority may serve; to increase the ceiling under which certain negotiable revenue bonds may be issued.
Referred to Committee on Urban and County Affairs.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
Pursuant to HR 458, the House of Representatives has elected Honorable G. W. Hogan as state auditor and herewith submits his name to the Senate for confirmation.
Senator Allgood of the 22nd moved that, pursuant to HR 458 and the message inform ing the Senate that the House of Representatives has elected Honorable G. W. Hogan as State Auditor, the Senate confirm the election of Honorable G. W. Hogan as State Auditor.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon

Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster

THURSDAY, JANUARY 16, 1986

65

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard

Muggins Kennedy Land McGill McKenzie Peevy Perry Phillips Ray

Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Bowen Bryant Hudgins

Kidd Langford Scott of 36th

Timmons Turner

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Honorable G. W. Hogan was confirmed as State Auditor.

On the confirmation of the above appointee, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
January 16, 1986
Honorable Joe Frank Harris Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Harris:
On this date the House of Representatives submitted the name of Honorable G. W. Hogan to the Senate for confirmation as state auditor. Pursuant to law, this is to notify you that Mr. Hogan was confirmed by the Senate as state auditor.
Respectfully yours,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

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

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

At 11:50 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, January 17, 1986 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator McKenzie of the 14th 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 67. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers to es tablish certain prior teaching service as creditable service and to retire on the basis of such creditable service and membership service.
HB 186. By Representatives Thomas of the 69th, Lee of the 70th, Cummings of the 17th and others: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to establish creditable service for certain periods of absence due to maternity reasons.
HB 397. By Representatives Lawler of the 20th and Johnson of the 72nd: A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member.
HB 618. By Representatives Lane of the 27th and Adams of the 36th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit local government officials from participating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property.
HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th and others: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement

FRIDAY, JANUARY 17, 1986

67

System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 379. By Senator Kidd of the 25th:
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 that the sale and use of hearing aids shall be exempt from sales and use taxation; to provide an effective date. Referred to Committee on Banking and Finance.
SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Anno tated, relating to limitations on certain municipalities to annex property pursu ant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities; to provide an effec tive date. Referred to Committee on Urban and County Affairs (General).
SB 381. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies, shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or a registered professional nurse. Referred to Committee on Insurance.
SB 382. By Senators Hine of the 52nd, Barnes of the 33rd, Garner of the 30th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections and campaign and financial disclosure, so as to require certain public officers and candidates for certain public offices to file certain financial disclosure statements with the Secretary of State; to provide for definitions; to provide the contents of such financial disclosure reports. Referred to Committee on Governmental Operations.
SB 383. By Senator Hine of the 52nd:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to provide that a person who is a member of more than one nonprofit, tax-ex empt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member. Referred to Committee on Governmental Operations.
SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and Peevy of the 48th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, so as to de clare the necessity of reporting of certain information by liability insurers; to

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JOURNAL OF THE SENATE

require reports; to provide for the responsibility of the Commissioner of Insur ance to ensure compliance with the reporting requirements. Referred to Committee on Insurance.
SB 385. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in courts of record, so as to provide that the signature of an attorney or party on a pleading constitutes a certificate by such person that the pleading is well grounded in fact and existing law or is a good faith argument against existing law. Referred to Committee on Judiciary.
SB 386. By Senators Tolleson of the 32nd and Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to increase the salaries of the mayor and council members of the City of Smyrna. Referred to Committee on Urban and County Affairs.
SB 387. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person has been diagnosed as having an infectious or communica ble disease at the time of death.
Referred to Committee on Human Resources.
SB 388. By Senators Greene of the 26th, Dawkins of the 45th and Peevy of the 48th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide that the maximum amount of such a lien which may be enforced against real estate shall be the amount by which the contract price or reasonable value of the improvements, labor, or services exceeds the amount of payments made by or on behalf of the owner of the real property. Referred to Committee on Industry and Labor.
SB 389. By Senators Broun of the 46th and Cobb of the 28th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving with a suspended or revoked driver's license, so as to make it unlawful to drive a motor vehicle with a suspended or revoked driver's license anywhere in this state in addition to prohibiting such on the public highways; to provide a penalty.
Referred to Committee on Public Safety.
SB 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exten sively revise the penalties for failure to comply with the requirements for motor vehicle insurance.
Referred to Committee on Judiciary and Constitutional Law.

FRIDAY, JANUARY 17, 1986

69

SR 314. By Senators McKenzie of the 14th, Hine of the 52nd, Starr of the 44th and others: A resolution creating the Senate Private Long-term Care Insurance Study Committee.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 67. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers to es tablish certain prior teaching service as creditable service and to retire on the basis of such creditable service and membership service.
Referred to Committee on Retirement.
HB 186. By Representatives Thomas of the 69th, Lee of the 70th, Cummings of the 17th and others: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to establish creditable service for certain periods of absence due to maternity reasons.
Referred to Committee on Retirement.
HB 397. By Representatives Lawler of the 20th and Johnson of the 72nd: A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member.
Referred to Committee on Retirement.
HB 618. By Representatives Lane of the 27th and Adams of the 36th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit local government officials from participating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property.
Referred to Committee on Urban and County Affairs (General).
HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th and others: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions.
Referred to Committee on Retirement.
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

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JOURNAL OF THE SENATE

Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 360. Do pass as amended. Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1140. Do pass.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 364. Do pass as amended. SB 376. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

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

SB 261. Do pass by substitute.

SB 305. Do pass.

SB 295. Do p*ass. SB 296. Do pass.
SB 297. Do pass.

;,,>,,B ,,35,4.. ^Do pass. SR 283' Do Pass'

SB 303. Do pass.

HB 453. Do pass. Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

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

SB 4. Do pass.

SB 109. Do pass.

SB 50. Do pass by substitute.

SB 120. Do pass by substitute.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

FRIDAY, JANUARY 17, 1986

71

Mr. President:

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

SB 337. Do pass.

SR 292. Do pass.

SB 338. Do pass.

SR 294. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

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

SB 324. Do pass.

HB 1133. Do pass.

SB 353. Do pass.

HB 1166. Do pass.

SB 359. Do pass.

HB 1168. Do pass.

SB 367. Do pass.

HB 1206. Do pass.

HB 1132. Do pass.

HB 1222. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence.

SB 339. By Senator Deal of the 49th:
A bill to amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs against a prosecu tor when at a committal hearing the action is dismissed for want of probable cause, to provide for all related matters; to provide for an effective date and for applicability.

SB 343. By Senators Greene of the 26th, Dean of the 31st, Coleman of the 1st and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to authorize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes.

SB 344. By Senator Engram of the 34th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail for criminal offenses, so as to add the offense of aggravated sod-

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omy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not entitled to bail if they have previously been convicted of such an offense or are charged with such an offense.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Barnes Bond Bowen Brantley Broun of 46th BDBrroywannt of 47th Burton Cobb
Coleman Coverdell Dawkins Deal Dean
English Engram

Fincher Foster Garner Gillis Greene Harris Harnson H,,Hoinl,,leoway Horton Howard
Hudgins Huggins Kennedy Kidd Land
Langford McGill

Those not answering were Senators:

McKenzie Peevy Perry Phillips Rav Reddish Scott of 2nd cSco,t.t off 3,,6-,t,h
,, Stumbaugh
Tate Timmons Tolleson Trulock Turner
Tysinger Walker

Allgood

Barker

Brannon

Senator Langford of the 35th introduced the chaplain of the day, Dr. Cornelius Henderson, pastor of Ben Hill United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.
Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs and committed to the Senate Committee on Economic Development and Tourism:

SB 294. By Senators Coverdell of the 40th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and devel opment commissions, so as to provide for a program of rural economic develop ment; to provide for matters relative thereto.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 294 was with drawn from the Senate Committee on Urban and County Affairs and committed to the Senate Committee on Economic Development and Tourism.
Senator Langford of the 35th moved that the following bill of the Senate be withdrawn

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from the Senate Committee on Judiciary and committed to the Senate Committee on Chil dren and Youth:
SB 361. By Senators Langford of the 35th, Scott of the 36th, Walker of the 43rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that in no case and under no circumstances shall any person who was under 18 years of age at the time such person committed any crime for which a sentence of death could be imposed be sentenced to death or executed for such crime; to provide for resentencing of certain persons.
On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 361 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth.
The following resolution of the Senate was read and adopted:
SR 315. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and 53 others:
A resolution commending the Georgia Municipal Association.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, January 17, 1986
FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 324 **Harrison, 37th Brantley, 56th Tolleson, 32nd Barnes, 33rd City of Marietta Cobb County
De-annexes and excludes certain property from the city.
SB 353 Timmons, llth Calhoun County
Continues amendment relating to board of education; provides that such con tinuation of such amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to board of education; pro vides authority for authority and related matters.
SB 359 Reddish, 6th Wayne County
Changes compensation of coroner and provides effective date.

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SB 367 Kidd, 25th City of Milledgeville Baldwin County
Amends Act establishing new charter; changes corporate limits of city.
HB 1132 Gillis, 20th Laurens County
Provides for election of members of board of education from single-member districts; provides residency requirements.
HB 1133 Foster, 50th Habersham County
Continues amendment which relates to the authority of the board of educa tion to borrow funds and pledge certain building funds for the payment thereof.
HB 1166 McGill, 24th Oglethorpe County
Provides for election of members of board of education; changes the descrip tions of the education districts of board and provides that members of board will be elected by the electors of those districts and not at large.
HB 1168 McGill, 24th Oglethorpe County Creates a board of commissioners and provides for its composition; provides for election, qualification, terms, compensation and expenses, oath, commis sion, and bond of the chairman and members of the board.
HB 1206 McKenzie, 14th Sumter County
Creates County Public School System by merging and consolidating the county school system and the independent school system of the City of Americus; creates board of education for Sumter County Public School Sys tem.
HB 1207 Baldwin, 29th Troup County
Provides for board of education; provides for election of members of board; provides education districts from which members of board shall be elected.
HB 1222 Baldwin, 29th Troup County
Amends Act creating the Mountville Water Authority; enlarges the areas that the Authority may serve; increases the ceiling under which certain negotiable revenue bonds may be issued.
The following objections were recorded:
SB 324** Senators Barnes of the 33rd, Howard of the 42nd and Coverdell of the 40th requested, as provided for in Senate Rule 113, that SB 324 be moved to the Senate Local Contested Calendar; the request was granted, and SB 324 was placed on the Senate Local Contested Calendar for today.

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

On the passage of all the bills on the Senate Local Consent Calendar, except SB 324, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Allgood Barker

Cobb Howard

Timmons

On the passage of all the local bills, the yeas were 51, nays 0.

All the bills on the Senate Local Consent Calendar, except SB 324, having received the requisite constitutional majority, were passed.

SB 324 was moved to the Senate Local Contested Calendar for today.

SENATE LOCAL CONTESTED CALENDAR
Friday, January 17, 1986
FIFTH LEGISLATIVE DAY
The following local bill of the Senate, having been favorably reported by the committee and moved to the Senate Local Contested Calendar for today pursuant to Senate Rule 113, was put upon its passage:

SB 324** By Senators Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex and exclude certain property from the city.

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

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

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Those voting in the affirmative were Senators:

Albert Baldwin Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean English Engram Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

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

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Allgood Barker

Cobb Dawkins

Fincher Howard

On the passage of the bill, the yeas were 49, nays 1.

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

Senator McKenzie of the 14th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1206. By Representative Hooks of the 116th:
A bill to create the Sumter County Public School System by merging and consol idating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1206 was imme diately transmitted to the House.

Senator Baldwin of the 29th moved that the following local bill of the House, having been passed previously today, be immediately transmitted to the House:

HB 1207. By Representatives Ware of the 77th and Milam of the 81st:
A bill to provide a board of education of Troup County; to provide for the elec tion of members of the board; to provide education districts from which members of the board shall be elected.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1207 was imme diately transmitted to the House.

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77

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 1237. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to create the board of education of Liberty County School District; to pro vide for a seven member board of education consisting of one county-wide dis trict from which the chairman shall be elected and six single member districts from which the other six members shall be severally elected.
HB 1238. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to provide that the school superintendent of Liberty County School Dis trict shall be appointed by the board of education rather than elected.
HB 1239. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating the board of commissioners of Liberty County, as amended, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single member districts from which the other six members shall be severally elected.
HB 1244. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, as amended, so as to change the compensation and allowances of the commissioner.
HB 1252. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing a new charter for the City of Tifton, so as to change the date for holding certain municipal elections.
HB 1284. By Representatives Chambless of the 133rd, White of the 132nd, Young of the 134th and Balkcom of the 140th:
A bill to provide for the Joint County-Municipal Board of Registration and Elec tions for Dougherty County and the City of Albany.
HB 1289. By Representative Bray of the 91st:
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 Meriwether County board of education and school superintendent.
HB 1290. By Representative Bray of the 91st:
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 Meriwether County Development Authority and its powers and operation.
HB 1291. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others: A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to construct, maintain and operate museums.

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HB 1292. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others: A bill to amend an Act creating the Muscogee County School District, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00.
HB 1298. By Representative Smith of the 78th: A bill to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County.
HB 1299. By Representative Smith of the 78th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial De velopment Authority and providing for its powers, authority, funds, purposes, and procedures.
The following bills of the House were read the first time and referred to committees:
HB 1237. By Representatives Floyd of the 154th and Chance of the 129th: A bill to create the board of education of Liberty County School District; to pro vide for a seven member board of education consisting of one county-wide dis trict from which the chairman shall be elected and six members shall be severally elected.
Referred to Committee on Urban and County Affairs.
HB 1238. By Representatives Floyd of the 154th and Chance of the 129th: A bill to provide that the school superintendent of Liberty County School Dis trict shall be appointed by the board of education rather than elected.
Referred to Committee on Urban and County Affairs.
HB 1239. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, as amended, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single member districts from which the other six members shall be severally elected.
Referred to Committee on Urban and County Affairs.
HB 1244. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of the commissioner of Catoosa County, as amended, so as to change the compensation and allowances of the commissioner.
Referred to Committee on Urban and County Affairs.
HB 1252. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act providing a new charter for the City of Tifton, so as to change the date for holding certain municipal elections.
Referred to Committee on Urban and County Affairs.

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79

HB 1284. By Representatives Chambless of the 133rd, White of the 132nd, Young of the 134th and Balkcom of the 140th:
A bill to provide for the Joint County-Municipal Board of Registration and Elec tions for Dougherty County and the City of Albany. Referred to Committee on Urban and County Affairs.
HB 1289. By Representative Bray of the 91st:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the Meriwether County board of education and school superintendent.
Referred to Committee on Urban and County Affairs.
HB 1290. By Representative Bray of the 91st:
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 Meriwether County Development Authority and its powers and operation.
Referred to Committee on Urban and County Affairs.
HB 1291. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to construct, maintain and operate museums. Referred to Committee on Urban and County Affairs.
HB 1292. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th and others:
A bill to amend an Act creating the Muscogee County School District, so as to provide that the superintendent of the board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00. Referred to Committee on Urban and County Affairs.
HB 1298. By Representative Smith of the 78th:
A bill to authorize the board of commissioners of Butts County to levy, assess, and collect license fees upon certain business activities conducted within Butts County. Referred to Committee on Urban and County Affairs.
HB 1299. By Representative Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Butts County Industrial De velopment Authority and providing for its powers, authority, funds, purposes, and procedures. Referred to Committee on Urban and County Affairs.

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The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State 214 State Capitol
Atlanta 30334
January 17, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA 30334
Dear Mr. McWhorter:

I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on January 17, 1986. The list is numbered 1 through 478.
Most sincerely,
/s/ Max Cleland
Attachment:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 478, who have registered in the Docket of Legislative Appearance as of January 17, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 17th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and tenth.
/s/ Max Cleland Secretary of State
(Seal)

1986 SESSION

REGISTRATION -- DOCKET OF LEGISLATIVE APPEARANCE

1. Harold Stepherson Ethiopian Food Lobby 59 Forsyth Street, N.W. Atlanta, Georgia 30303 404/584-7077

3. Yvette Robinson Ethiopian Food Lobby 59 Forsyth Street, N.W. Atlanta, Georgia 30303 404/584-7077

2. Philip E. Manners Paul Manners and Associate 2 Peachtree Street, N.W. Suite 1544 Atlanta, Georgia 30383 404/524-0336

4. John C. "Sonny" Royal Royal and Associates 376 Taft Street, S.W. Atlanta, Georgia 30315 404/627-8317

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81

5. Lorenzo Veal Royal and Associates 376 Taft Street, S.W. Atlanta, Georgia 30315 404/726-8317
6. Anita Y. Griffey Ethiopian Food Lobby 59 Forsyth Street Atlanta, Georgia 30303 404/584-7077
7. Charles E. Pace Ethiopian Food Lobby 741-A Dill Avenue, S.W. Atlanta, Georgia 30310 404/662-6013
8. Dan Bishop Fraternal Order of Police P.O. Box 2661 Gainesville, Georgia 30503 404/535-5304
9. Emily Warner Ethiopian Food Lobby 59 Forsyth Street Atlanta, Georgia 30307 404/584-7077
10. J.D. Dennis Cobb Chamber of Commerce P.O. Box COBB Marietta, Georgia 30065-2429 404/980-2000
11. Arlin Roscoe Ewing Haralson County Industrial Development Corporation City Hall Building Waco, Georgia 30194 404/537-5594
12. John H. Thomas REGISTERED AGENT Georgia Burglar & Fire Alarm Assn. Fraternal Order of Police State Lodge Suite 6890 Peachtree Industrial Atlanta, Georgia 30060 404/447-4611
13. Donald-Gordon Draves GASP Georgians Against Smoking Pollution 8967 Black BlufTord Road, S.W. Cave Spring, Georgia 30124 404/296-9526

14. J. Mitchell Elrod, Jr. American Marketing Association Atlanta Chapter 1800 Peachtree Road, S.W. Suite 500 Atlanta, Georgia 30309 404/352-0686
15. Margaret Black SELF 136 Marietta Street, N.W. Atlanta, Georgia 30303 404/577-6040
16. Leslie Henry Turner III General Telephone & Electric Sprint 5025 Idlewood Drive Macon, Georgia 31210
17. Herb Reese Northside Atlanta Progress, Inc. 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305
18. Stephen E. Janas Georgia Dental Association 2951 Flowers Road South Atlanta, Georgia 30340 404/458-6166
19. Mark A. Fackler Georgia Credit Union Affiliates P.O. Box 95766 Atlanta, Georgia 30347 404/320-8910
20. Harold Bevis Air Transport Association Hartsfield Atlanta International Airport Atlanta, Georgia 30320 404/765-2455
21. Clint G. Sweazea Air Transport Assn. Delta Air Lines Atlanta Airport Atlanta, Georgia 30320 404/765-2455
22. John W. Cox Georgia Association of Realtors, Inc. 3200 Presidential Drive Atlanta, Georgia 30340 404/451-1831

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23. Terry M. Nowell Police Benevolent Association of Georgia 223 W. College Avenue Tallahassee, Florida 32301-7709 904/222-3329
24. Don Cargill Business Council of Georgia 1280 South Omni International Atlanta, Georgia 30335 404/223-2287
25. Andrew D. Downs Business Council of Georgia 1280 South Omni International Atlanta, Georgia 30335 404/223-2267
26. G. Robert Kerr Georgia Conservancy Inc. Room 407 3110 Maple Drive Atlanta, Georgia 30305 404/262-1967
27. Richard Rudolph Shaw Bethesda Temple Church, Inc. 208 First Avenue, N.E. Atlanta, Georgia 30317 404/373-3971
28. John A. Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329 404/320-3560
29. Robert E. Woodard Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303 404/522-2574
30. W. Fred Blackmon Eli Lilly and Company 307 East McCarty Street Indianapolis, Indiana 46285 317/261-3963
31. Bob Bullington United Transportation Union P.O. Box 80763 Chamblee, Georgia 30366 404/938-7373
32. Laurence E. Sanders Georgians for Victim Justice 902 N. Isabella Street Sylvester, Georgia 31791 912/883-2000

33. Harvey B. Yellin Georgians for Victim Justice P.O. Box 985 Valdosta, Georgia 31603 912/333-5157
34. Donna F. Berwick State Bar of Georgia Fiduciary Section One Ravinia Drive Atlanta, Georgia 30346 404/658-8217
35. John McKay Sheftall State Bar of Georgia Fiduciary Section 56 Perimeter Center East Atlanta, Georgia 30346 404/399-1625
36. James R. Kanner State Bar of Georgia Fiduciary Section 1480 Equitable Building Atlanta, Georgia 30346 404/577-1550
37. John E. Van Diver Police Benevolent Assn. of Ga. 824 S. Milledge Avenue Athens, Georgia 30605 404/548-7559
38. James Purcell Alliance of American Insurance 235 Peachtree Street, N.E. Suite 1606 Atlanta, Georgia 30343 404/588-0517
39. Rev. S.L. Harris Concerned Citizens of Atlanta 141 Harlan Road, S.W. Atlanta, Georgia 30311
40. Luke Livingston Sandoz Pharmaceutical Corporation 3307 Leeds Way Duluth, Georgia 30136 404/476-3207
41. Rachel B. Champagne REGISTERED AGENT Georgians for Victim Justice Metropolitan Atlanta Crime Commission 100 Edgewood Avenue, N.E. Room 128 Atlanta, Georgia 30303 404/524-6487

FRIDAY, JANUARY 17, 1986

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42. Maureen M. Lok League of Women Voters of Georgia 3793 Raccoon Run Marietta, Georgia 30062 404/971-8521
43. Helen H. Craig League of Women Voters of Georgia 4430 Old Grogan Road Acworth, Georgia 30101 404/974-7400
44. Freda R. Turner SELF 559 Jerry Steele Lane McDonough, Georgia 30253 404/957-9802
45. Richard Cobb Petroleum Council of Georgia 230 Peachtree Street Suite 1400 Atlanta, Georgia 30303 404/522-2574
46. Gayle Hughes Georgia Women's Forum 4654 Ruby Road Stone Mountain, Georgia 30083 404/292-1863
47. David M. Hynes STOPAR P.O. Box 52656 Atlanta, Georgia 30355 404/237-8681
48. Lin D. Pollard League of Women Voters of Georgia 1676 Fernleaf Circle Atlanta, Georgia 30318 404/351-1098
49. Pamela E. West Georgians for Victim Justice Victim-Witness Assistance Unit DA's Office 30 Waddell Street Marietta, Georgia 30090-9646 404/429-3191
50. Roy A. Hanson Metro Atlanta Crime Commission 100 Edgewood Avenue, N.E. Room 128 Atlanta, Georgia 30303 404/524-6487

51. David J. Renkes Georgia Home Furnishings Association 14 C-l Atlanta Merchandise Mart Atlanta, Georgia 30303 404/523-0931
52. Nettie Walraven CWA Georgia Political Council 3516 Covington Highway Decatur, Georgia 30032 404/296-5553
53. G. Wayne Johnson CWA-Georgia Political Council Box 2080 Stone Mountain, Georgia 30087 404/979-9814
54. Virginia T. Fulton CWA-Georgia Political Council Box 2080 Stone Mountain, Georgia 30087 404/429-4016
55. Sara F. Carney CWA-Georgia Political Council P.O. Box 2080 Stone Mountain, Georgia 30086 404/353-2412
56. David Lee Prather CWA-Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30312 404/688-1256
57. Susan R. Creel CWA-Georgia Political Council P.O. Box 2566 Columbus, Georgia 31902 404/323-0516
58. Mary Craft Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430
59. David R. Swain Georgia EMC 148 International Blvd. Suite 845 Atlanta, Georgia 30043 404/659-3430

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60. Bert Fridlin REGISTERED AGENT National Federation of Independent Business Automotive Service Councils of Ga. Printing Association of Georgia Satellite TV Dealers Assn. of Ga. 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309 404/872-2415
61. Richard J. Burrell Household International 981 Guys Court Lilburn, GA 30247 404/972-8776
62. Donald E. Tefft AARP 125 Fortuna Court Roswell, GA 30075 404/237-9664
63. Maynard Mobley AARP 5332 Orchard Place Lake City, GA 30260 404/361-2498
64. Donna M. McLarin Georgia Electric Membership Corp. Route 3, Box 365 Fairburn, GA 30213 404/659-3430
65. Lee Richardson ABATE of Georgia, Inc. P.O. Box 313 Monroe, GA 30655 404/267-4678
66. Debi Anne Villines Georgia Nurses Assn. 4253 English Oak Drive Doraville, GA 30340 404/851-8844
67. Esther Kirk Eddy Auditory Educational Clinic, Inc. 3016 Lanier Drive Atlanta, GA 30319 404/237-6141
68. Daniel P. Starnes Council For Children, Inc. 100 Edgewood Ave., N.E. Suite 1008 Atlanta, GA 30303 404/588-1160

69. Ron Byrd USV Laboratories Route 9, Box 239-A Ringgold, GA 30736 404/861-4261
70. James M. Christian CIBA-GEIBY Corporation 4439 Shelbourne Drive Dunwoody, GA 30338 404/458-7217
71. Bill McBrayer REGISTERED AGENT Ga. Retail Association Opticians Association of Ga. Georgia Chain Drug Council 100 Edgewood Ave., N.E. Suite 1804 Atlanta, GA 30303 404/577-3435
72. Lita Menkin Clients of Senior Citizen Advocacy Project 151 Spring Street, N.W. Atlanta, GA 30335 404/524-0051
73. Debbie Dodson Hayes William H. Rorer, Inc. 651 Old Canton Road Marietta, GA 30067 404/565-4356
74. Robert Margolin Syntex Laboratories P.O. Box 147 Tucker, GA 30085 404/939-1116
75. James W. McAllister City School System of GeorgiaPAGE 303 Waverly Way LaGrange, GA 30240 404/884-3031
76. Jack K. Acree PAGE 3700 B Market Street Clarkston, GA 30021 404/292-7243
77. Tom Boiler Georgia Power P.O. Box 4545 Atlanta, GA 30302 404/526-6929

FRIDAY, JANUARY 17, 1986

85

78. Linda G. Edmonds Georgia Optometric Assoc. 4289 Memorial Drive, Suite J Decatur, GA 30032 404/296-3130
79. Mary Frances Williams Child Service & Family Counseling Center, Inc. 1105 West Peachtree St., N.E. Atlanta, GA 30309 404/873-6916
80. Catherine M. Alexander Georgia Association of Home Health Agencies 6666 Powers Ferry Road Atlanta, GA 30339 404/984-9704
81. Barbara M. Disque Fulton County Commission 1740 Doncaster Drive Atlanta, Ga 30309 404/892-5680
82. Kelvin F. MacDonald Ga. Right to Life Comm. Inc. 8270 Dawn Drive Jonesboro, GA 30236 404/477-6479
83. Sue Ella Deadwyler Georgia Women's Forum 4168 Rue Antoinette Stone Mountain, GA 30083 404/294-4919
84. Gwen B. Metzger Georgia Women's Forum 2550 Brookdale Drive, N.W. Atlanta, GA 30305 404/355-9728
85. P. Lavoy Johnson REGISTERED AGENT Citizens United for Research & Education Ga. Assoc. of Christian Schools 1074 Rock Chapel Road Lithonia, GA 30058 404/482-2873
86. Ellen A. Rhoades Auditory Education Clinic 3016 Lanier Drive, N.E. Atlanta, GA 30319 404/237-6141

87. Dr. Charles LeChasney Executive Advisory, Inc. 145 Elizabeth St., N.E. Atlanta, GA 30307 404/634-3835
88. Sue Thore-Jones, R.R.A. Georgia Medical Records Assoc. C/O Shepherd Spinal Center 2020 Peachtree Rd., N.W. Atlanta, GA 30309 404/352-2020
89. Jill Finsen American Assoc. of Retired Persons 1909 K Street, N.W. Washington, D.C. 20049 202/728-4766
90. Martha T. Eaves American Assoc. of Retired Persons 988 Milstead Ave. Conyers, GA 30207 404/483-7511
91. Kathleen Mary Tomlin Christian Council of Metropolitan Atlanta 465 Boulevard St., S.E., Suite 101 Atlanta, GA 30310 404/622-2235
92. Carlton Wesley Dobbs Omega Alpha Youth Org/Foundation 3481 Durden Drive Atlanta, GA 30319 404/455-3064
93. Joyce Carter Independent Insurance Agents of Georgia P.O. Box 48386 Atlanta, GA 30362 404/458-0093
94. F. Thomas Longerbeam Motor Vehicle Manufacturers Assoc. of the United States, Inc. 5 Dunwoody Park, Suite 113 Atlanta, GA 30338 404/394-8632
95. Gary H. Martin Police Benevolent Assn. of Georgia 223 W. College Ave. Tallahassee, FL 32301 904/222-3329

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96. James R. Loyd Georgia Tire Dealers & Retreaders Association 300 W. Wieuca Road, N.E. #115 Atlanta, GA 30342 404/252-6282
97. Hila Stonebreaker Georgia State Employees Assoc. 501 Pulliam St., S.W. #535 Atlanta, GA 30312 404/523-7884
98. Skip Yow Georgia School Boards Assoc. 1240 Atkinson Road Lawrenceville, GA 30245 404/962-2985
99. Gary Ashley Georgia School Boards Assoc. 1240 Atkinson Road Lawrenceville, GA 30245 404/962-2985
100. Thomas G. Cook Georgia Pharmaceutical Assoc. 2520 Carroll Ave. Atlanta, GA 30341 404/451-1336
101. Linda DiSantis Georgia Conservancy 3110 Maple Drive, Suite 407 Atlanta, GA 30305 404/262-1967
102. Georgianne B. Bearden P.A.G.E. 3700 B Market Street Clarkston, GA 30021 404/292-7243
103. Judy C. Bradley P.A.G.E. 3700 B Market Street Clarkston, GA 30021 404/292-7243
104. Jacquelyn M. Andrews Christians Against Hunger in GA, Inc. 201 Washington Street, S.W. Atlanta, GA 30303 404/588-1458
105. Demetrius Mazacoufa Georgia Nurses Assoc. 1401 Peachtree St., Suite 238 Atlanta, GA 30309 404/897-0401

106. Henry R. Bauer, Jr. Fulton County 1500 Peachtree Center, Harris Tower 233 Peachtree St., N.E. Atlanta, GA 30303 404/588-1500
107. Sewell Kip Loggins Business Council of GA 950 Equitable Bldg. Atlanta, GA 30303 404/658-1400
108. Carol Grant Muldawer City of Atlanta Mayor's Office 68 Mitchell Street Atlanta, GA 30327 404/527-7011
109. C. Robert Smith Georgia Assoc. of Assessing Officials 6754 Broad Street Douglasville, GA 30134 404/949-2000 ext. 231
110. Jack Wolcott Collins Christian Science Committee 534 Medlock Road, Room 108 Decatur, GA 30030 404/378-2833
111. John R. Keys Atlanta Chamber of Commerce 1300 South Omni International Atlanta, GA 30301 404/521-0845
112. Dr. J. C. Mullis Ga. Retired Teachers Assoc. 824 South Milledge Ave. Athens, GA 30605 404/546-7852
113. Cobina Orloff League of Women Voters 1889 Hallford Court Dunwoody, GA 30338 404/394-7645
114. Duke Ellington Apartment Owners & Managers Assoc. 5600 Roswell Road, Suite 360-N Atlanta, GA 30342 404/256-2831

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87

115. Henry E. Midura Alzheimer's Disease and Related Disorders Assn. Inc. 1817 Clifton Road, N.E. Atlanta, GA 30329 404/633-8759
116. Doris C. VanHoozer Alzheimer's Disease and Related Disorders Assn. Inc. 1817 Clifton Road, N.E. Atlanta, GA 30329 404/633-8759
117. Stewart Acuff Georgia State Employees Assoc. Local 1985 501 Pulliam St., S.W. Atlanta, GA 30312 404/523-7884
118. Dr. J. David Alien Georgia Dental Association 5243 Snapfinger Woods Drive Decatur, GA 30035 404/981-9400
119. Charlotte Wilen REGISTERED AGENT Continuum March of Dimes 1447 Peachtree St., N.E. Atlanta, GA 30309 404/873-1993
120. Carroll A. Lindseth League of Women Voters of Ga. 100 Edgewood Ave., Suite 1010 Atlanta, GA 30303 404/522-8683
121. Theresa Ann Sipe American College of Nurse-Midwives 4873 Scotts Mill Way Duluth, GA 30136 404/447-4731
122. Jim Welsh Fulton County Board of Education 786 Cleveland Ave., S.W. Atlanta, Ga 404/768-3600
123. Robert E. Simmons Fayette County Chamber of Commerce P.O. Box 276 Fayetteville, GA 30214 404/461-9983

124. H. M. Fulbright G.A.E.L. Box 828 Carrollton, GA 30117 404/834-1914
125. Gigi Leverette GTE Sprint Communications 875 Douglas Road Atlanta, GA 30342 404/843-0100
126. Sherry Norris Professional Assoc. of Ga. Educators 2984 Mt. Zion Road Jonesboro, GA 30236 404/968-8020
127. Erik L. Peterson Georgia Right to Life Committee, Inc. P.O. 91256 Atlanta, GA 30364 404/435-0892
128. John M. Willis REGISTERED AGENT Informed Health Care Assn. of Ga. Inc. National Atlanta Chapter, National Health Federation Georgia Women's Coalition for Medical Freedom, Inc. Georgia State Association of Naturopathic Physicians Sevananda Natural Foods Cooperative Universal Life Church, The Healing Order, Atlanta Chapter SELF 4505 Salem Road Covington, GA 30209 404/448-1947 Ext. 120
129. D. S. Harris Atlanta Taxi Group 3723 Chateauguay Drive Decatur, GA 30024 404/289-1536
130. Marguerite H. Battle Douglas County Assoc. of Educators 1579 Dorris Road Douglasville, GA 30134 404/942-7266

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131. Kevin Gene Hughley Clearinghouse on Georgia Prisons & Jails P.O. Box 437 Atlanta, GA 30301 404/522-4971
132. Gibson Dean II Gwinnett County P.O. Box 939 Buford, GA 30518 404/945-4976
133. Bonnie B. Engle Ga. Council on Child Abuse 250 Georgia Ave. #203 Atlanta, GA 30312 404/688-0581
134. Richard J. Holder Fulton County Board of Education 786 Cleveland Ave. S.W. Atlanta, GA 30315 404/768-3600
135. Wayne Bryan AAA-Georgia Motor Club 1100 Spring Street Atlanta, GA 30367 404/875-7171
136. Judith S. Davis League of Women Voters of GA. 100 Edgewood Ave., N.E. Suite 1010 Atlanta, GA 30303 404/522-8386
137. William J. Shortt Johnson & Johnson P.O. Box 2537 Gainesville, GA 30503 404/532-3591
138. Vita R. Ostrander American Assoc. of Retired Persons 1839 Mt. Royal Drive, N.E. Atlanta, GA 30329 404/634-5522
139. Jack G. Charlesworth REGISTERED AGENT National Auto Auction Assoc. Georgia Independent Auto Dealers Assoc. 1400 Lake Hearn Road Atlanta, GA 30319

140. Jim Williams Georgia Assoc. of Educators . 3951 Snapfinger Parkway Decatur, GA 30035 404/289-5867
141. Bob Short REGISTERED AGENT Hospital Corp. of America HCA Health Plans, Inc. Bob Short & Assoc. 1456 Stratfield Circle Atlanta, GA 30319 404/261-7016 404/955-2467
142. Herman L. Moore Georgia-Pacific Corp. P.O. Box 105605 Atlanta, GA 30348 404/521-4756
143. Charles H. Lindsey Ga. Telephone Assoc. 1900 Century Blvd. Atlanta, GA 30345 404/321-5440
144. Earl Ehrhart Georgians for Victim Justice 1361 Mclntosh Road Douglasville, GA 30134 404/949-2014
145. Jerry Hill Amoco Companies 6 Executive Park Atlanta, GA 30302 404/634-2065
146. Barbara B. Howard Professional Assoc. of Educators 3700 B Market Street Clarkston, GA 30021 404/292-7243
147. Julius M. Lennard, Jr. Grand Jurors Assoc. of Fulton County 111 Huntington Road, N.E. Atlanta, GA 30309 404/875-1060
148. Kent Lawrence Business Council of Ga. 1280 S. Omni International Atlanta, GA 30335 404/223-2273

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149. Robert D. Sumner REGISTERED AGENT Business Council of Ga. Ga. Small Business Assn. Ga. Self Insurers Assn. 1280 S. Omni International Atlanta, GA 30335 404/223-2288
150. Donald T. Browne REGISTERED AGENT First Atlanta Corporation First Nat'1 Bank of Atlanta Financial Life Ins. Co. of Ga. First Atlanta Mortgage #2 Peachtree Street Atlanta, GA 30383 404/588-5009
151. Connie B. Plunkett Georgia Citizens for the Arts 1404 Spring Street Atlanta, GA 30309 404/873-4356
152. Peter L. Banks REGISTERED AGENT Amarada Hess Corporation ARA Services, Inc. Cobb Developer's Assoc. Humana, Inc. Riser Permanente Medical Plan of Georgia, Inc. Miller Brewing Co. Mortgage Banks Assn. of Ga. Georgia Assn. of HMD's Suite 450, 975 Johnson Ferry Rd. Atlanta, GA 30342 404/252-0700
153. Tom Keating REGISTERED AGENT Atlanta Public Schools Georgia Assoc. of Elementary School Principals P.O. Box 25 Decatur, GA 404/373-4973
154. Steve McWilliams REGISTERED AGENT Georgia Mining Assoc. Georgia Concrete & Products Assoc. 205-D 4151 Memorial Drive Decatur, GA 30032 404/299-3500

155. Joseph R. Parrott, Jr. ITT Rayonier 5526-D Old National Hwy. College Park, GA 30349 404/763-4747
156. W. J. B. Ball, Jr. First Georgia Bank P.O. Box 1700 Atlanta, GA 30370 404/581-1206
157. Wayne W. Oliver REGISTERED AGENT Ga. Society of Radiologic Technology Ga. Podiatric Medical Assoc. Ga. Speech & Hearing Assoc. P.O. Box 952 Stone Mtn., Ga. 30086 404/292-9188
158. Connell Stafford Coca-Cola Co. P.O. Drawer 1734 Atlanta, GA 30301 404/676-2652
159. Lauren C. Steele Coca-Cola Co. P.O. Drawer 1734 Atlanta, GA 30301 404/676-2510
160. Earl T. Leonard, Jr. Coca-Cola Co. P.O. Drawer 1734 Atlanta, GA 30301 404/676-2622
161. Georgia Ann Hoffman Georgia Federation of Women's Club 797 San Miguel Drive Stone Mtn., GA 30083 404/469-1082
162. Gail Buckner REGISTERED AGENT Georgia Missing & Abused Children's Network Clayton County Council of PTA's 1262 Trahlyta Terrace Lake City, GA 30260 404/361-0798

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163. Judy Taylor REGISTERED AGENT Georgia Missing & Abused Children's Network Clayton County Council of PTA's 6910 Doncaster Road Jonesboro, GA 30236 404/478-5019
164. Everett Gill Christians Against Hunger in Ga. 201 Washington Street Atlanta, GA 30303 404/588-1458
165. George E. Beveridge American Assoc. of Retired Persons 1886 Bedfordshire Court Decatur, GA 30033 404/633-1604
166. Robert L. Pound American Assoc. of Retired Persons 6115 Courtside Drive, N.W. Norcross, GA 30092 404/449-3543
167. John A. Helms Life Insurance Co. of Georgia 5780 Powers Ferry Road, N.W. Atlanta, GA 30327 404/980-5662
168. Nannie H. McCormick American Assoc. of Retired Persons 1843 Oakmont Drive, N.W. Atlanta, GA 30314 (no phone)
169. Fred W. Bell American Assoc. of Retired Persons 2940 Tejas Trail, S.W. Atlanta, GA 30331 (no phone)
170. Marbury Taylor Stegall Georgia Nurses Assoc. 62-Spruce Street, N.E. Atlanta, GA 404/688-3048
171. Richard "Scrap" Wheeler Fulton County Board of Education 786 Cleveland Ave. S.W. Atlanta, GA 30315 404/763-6763

172. Julian Hester Community Bankers Assoc. of GA, Inc. 700 Pharr Center 550 Pharr Road Atlanta, GA 30523 404/237-7221
173. Jim Groome REGISTERED AGENT China Clay Producers, Assoc. Mead Corp. 4151 Memorial Drive Decatur, GA 30032 404/299-9627
174. Glenn Newsome Georgia Assoc. of Educators 3951 Snapfinger Parkway Decatur, GA 30035 404/289-5867
175. J. R. Cullens REGISTERED AGENT G. Heidleman Company Ga. Bar Association Ga. Trial Lawyer Assn. Glenmore Distilleries Co. Viking Distillery Barton Brands of Ga. Monarch Wine Company Slick Enterprises Inc. First National Bank Georgia Horse Foundation Mr. Agency of Georgia Etowah, Ridges P.O. Box 326 Cartersville, GA 30120 404/382-4210
176. Aubrey T. Villines, Jr. REGISTERED AGENT Georgia Chiropractic Assn. Ga. Assn. for Marriage & Family Therapy Ga. Chapter of Social Workers Ga. Assn. for Counseling & Development Ga. Trial Lawyers Assn, Inc. River Valley Home Health, Inc. 1260 S. Omni International Atlanta, GA 30303 404/577-9144
177. Newell (Buddy) Yarborough, Jr. Georgia Hospital Assoc. NXNW Office Park Atlanta, GA 30339 404/955-0324

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178. Mary Ann Blackwood League of Women Voters 3069 Rhodenhaven Dr., N.W. Atlanta, GA 30327 404/351-6099
179. Frances B. Parham League of Women Voters 2622 Birchwood Drive, N.E. Atlanta, GA 30305 (no phone)
180. Barbera Greeson League of Women Voters 3800 Ridge Road Smyrna, GA 30080 404/522-8683 404/436-5855
181. Judith Rhea Cox REGISTERED AGENT Georgia Right to Life Georgia Women's Forum Moral Concern Committee 2360 Spring Creek Road Decatur, GA 30033 404/325-5860
182. Evelyn Johnson REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 2025 Peachtree N.E., #1540 Atlanta, GA 404/355-6317
183. Joyce Bailey REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 380 Rountree Road Riverdale, GA 30274 404/471-0395
184. Harriett P. Smith REGISTERED AGENT Georgia Women's Forum Moral Concern Committee 1951 Goode Road Conyers, GA 30208 404/483-2431
185. Nancy S. Schaefer REGISTERED AGENT Moral Concern Committee Georgia Women's Forum 4175 Harrogate Drive Atlanta, GA 30327 404/231-1266

186. Robert L. Porter Independent Businessman P.O. Box 2045 Decatur, GA 30031 404/636-5699
187. Dorothy I. Pair REGISTERED AGENT Moral Concern Committee Ex-Military Wives Organization 1669 Sylvester Circle, S.E. Atlanta, GA 30316 404/244-1896
188. George G. Thompson Gwinnett County Public Schools 52 Gwinnett Drive Lawrenceville, GA 30247 404/963-8651
189. H.S. (Sid) Linton General Telephone Co. of the South (GTE) 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, GA 30067 404/955-7515
190. R. Rudolph Underwood Georgia Farm Bureau P.O. Box 7068 Macon, GA 31298 912/474-8411
191. Gary P. Fowler Georgia Branch Association General Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, GA 30313 404/522-5941
191. Ron E. Widener Georgia Independent Automobile Dealers Assoc., Inc. 609 Princess Circle Lithia Springs, Ga 30017 404/941-4814
192. Julianna Haliburton Georgia Electric Membership Corporation 148 International Blvd. Atlanta, GA 30043 404/659-3430
193. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, GA 30338 404/396-6193

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194. Virginia deZerne Downes Citizen 4758 North Springs Road Kennesaw, GA 30144 404/926-7771
195. Mrs. Ida Wood A.A.R.P. 934 Gilbert Street, S.E. Atlanta, GA 30316 404/622-0759
196. Tommy Dye Amalgamated Transit Union Local 732 250 Tenth Street Atlanta, GA 30309 404/892-1590
197. William Thomas Divine, Jr. The Viking Distillery, Inc. 600 N. Jackson Street Albany, GA 31701 912/883-1610
198. Leondus S. Brown Georgia Forestry Association 40 Marietta Street, Suite 1020 Atlanta, GA 30303 404/522-0951
199. Susan Twilley Cobb Chamber of Commerce P.O. Box COBB Marietta, GA 30065 404/980-2000
200. Wilma Grant Hipps Georgians For Better Transportation P.O. Box 81365 Chamblee, GA 30366 404/452-7622
201. Arthur J. Must, Jr. Common Cause 119 E. Court Square Decatur, GA 30030 404/373-8697
202. Scott Mall Miller Brewing Co. 2849 Paces Ferry Road #770 Atlanta, GA 30339 404/434-3473

203. T. Rogers Wade REGISTERED AGENT Lockheed Corp. Rockwell-Missile Div. American Family Group Watkins Motor Lines Cross Systems Ginn, Edington, Moore & Wade 100 Galleria Parkway, Suite 400 Atlanta, GA 30339 404/980-0952
204. Francis J. Mulcahy Life Insurance Company of Georgia 5780 Powers Ferry Road Atlanta, GA 30327 404/980-5653
205. Margaret Webb Georgia Women's Political Caucus P.O. Box 7051 Atlanta, GA 404/875-9210
206. Kenneth W. Shelley Great Southern Paper Co. P.O. Box 44 Cedar Springs, GA 31732 912/372-5314
207. H. Glenn Anthony Georgia Forestry Assn. 40 Marietta St. N.W. Suite 1020 Atlanta, GA 30303 404/522-0951
208. Suzanne C. Grace Georgia Day Care Assoc. 920 Green St. Conyers, GA 30207 404/483-2408
209. Lynn White Georgia Day Care Assoc. 920 Green St. Conyers, GA 30207 404/483-2408
210. Virgil T. Smith Life Chiropractic College P.O. Box 1471 Dalton, GA 30720 404/278-3280
211. Joseph E. Sloan General Motors Corp. 5730 Glenridge Drive, N.E. Atlanta, GA 30328 404/257-3965

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212. Linda S. Lowe REGISTERED AGENT Clients of Ga. Legal Services Continuum 133 Luckie Street Atlanta, GA 30303 404/656-6021
213. Ellen B. Coody Georgia Vocational Assn. Suite 3506 35 Executive Park Drive, N.E. Atlanta, Georgia 30329 404/636-7539
214. Franklin Shumake P.A.G.E. 10 Tallulah Lane Tallulah Falls, GA 30573 404/754-6059
215. Mary M. Boyert Georgia Right to Life Committee, Inc. P.O. Box 81474 Atlanta, GA 30366 404/454-7612
216. Thomas R. Anderson REGISTERED AGENT First Data Resources, Inc. Dept. of Human Resources 3300 N.E. Expressway Atlanta, GA 30301 404/452-2500
217. Murphy C. Miller Hospital Corp. of America 18 Perimeter Park, Suite 100 Atlanta, GA 30341 404/451-7715
218. Vicki Breman OSHA/Environmental Network P.O. Box 1913 Atlanta, GA 30301 404/688-3299
219. Dennis Hoffarth
Q "p T p
152 Flora Ave., N.E. Atlanta, GA 30307 404/659-2036
220. Robert Patterson Kennedy, Jr. International Cultural Center 268 Rumson Road, N.E. Atlanta, GA 30305 404/231-2268

221. William S. Jackson Community Banker 1331 Reynolds Street Augusta, GA 30902 404/722-6804
222. H. Paul Womack, Jr. REGISTERED AGENT H. Paul Womack & Assoc. Ga.'s Against Fireworks DeKalb Co. Bd. of Education 1884 Mercedes Court, N.E. Atlanta, GA 30345 404/325-5821
223. Stephen P. Georgeson REGISTERED AGENT Sears Georgia Retail Assn. 675 Ponce de Leon Ave. Atlanta, GA 30395 404/885-3575
224. William Alexander REGISTERED AGENT City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, GA 30306 404/876-4572
225. Lansing B. Lee, III REGISTERED AGENT Lokey & Bowden, Attorneys Gambrell Investments Suite 2500, Tower Place Atlanta, GA 30026 404/266-2275
226. Cheatham E. Hodges, Jr. REGISTERED AGENT Association of Private Colleges & Universities in Georgia Georgia Catholic Conference 3200 Deans Bridge Road Augusta, GA 30906 404/798-1719
227. Marty Benton Peachstate Association of Christian Schools P.O. Box 724444 Atlanta, GA 30339 404/928-1100
228. E.B. Topmiller Ga. Sport Shooting Assn. P.O. Box 9748 Atlanta, GA 30319 404/636-7970

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229. Robert P. Schmitz Herraione Weil Alexander Committee to Combat Drugged & Drunk Driving 207 E. Wesley Road, N.E. Atlanta, GA 30305 404/233-3562
230. Richard P. Moore Atlanta Gas Light Co. P.O. Box 4569 Atlanta, GA 30302 404/572-0828
231. Thomas H. Benson Atlanta Gas Light Co. P.O. Box 4569 Atlanta, GA 30302 404/572-0774
232. Don Cargill Atlanta Gas Light Co. P.O. Box 4569 Atlanta, GA 30302 404/572-0843
233. Lyn Paddrik Ga. Beer Wholesalers Assn. 3015 Piedmont Road Atlanta, GA 30305 404/231-4292
234. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Georgia Six Piedmont Center #414 3525 Piedmont Road, N.E. Atlanta, GA 30305 404/261-4518
235. Bonnie F. Harris Georgia Assn. of Educators 3951 Snapfinger Pkwy. Decatur, GA 30035 404/289-5867
236. Roberts O. Bennett Georgia Legal Services Program (Clients of) 18 Fourth Street, N.W. Atlanta, GA 30308 404/892-0262 or 892-0048
237. Albert "Mickey" Ward Ga. Assn. of Physician Assistants 23 Kensington Road Avondale Estates, GA 30002 404/284-GAPA

238. M. Randolph Bundschu Ga. Assn. of Physician Assistants 542 Lake Michele Court Stone Mountain, GA 30088 404/469-4464
239. Carl M. Toney Ga. Assn. of Physician Assistants 886-D White Pine Drive Decatur, GA 30032 404/727-7825
240. Charlotte York SELF 4900 Central Drive #99 Stone Mountain, GA 30083 404/658-2100 404/469-0942
241. Doyle Moulder SELF 6515 Peacock Blvd. Morrow, GA 30260 404/961-2349
242. Hillman J. Toombs SELF 4330 Valley Lk. Terr. College Park, GA 30349 404/766-5943
243. Tom Brewer SELF 1860 McDaniel Mill Road Conyers, GA 30207 404/483-2704
244. Ashton L. Hayes SELF 3430 Velma Drive Powder Springs, GA 30073 404/943-4911
245. J. Swanton Davis REGISTERED AGENT SELF Georgia State 222 Mitchell Street Atlanta, GA 30302 404/581-4881 404/252-4875
246. Douglas R. Edmonson SELF 313 Orchard Road Rex, GA 30273 404/474-4845

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247. Larry C. Linker SELF 8591 Timberlane Drive Douglasville, GA 30134 404/458-3515
248. Peggy Calhoun Georgia Easter Seal Society 1900 Emery Street, Suite 106 Atlanta, GA 30318 404/351-6551
249. S. Holly Bates Bates Associates 161 Spring St. #812 Atlanta, GA 30303 404/588-1707
250. Donald D'Errico Cardinal Industries, Inc. 4601 Welcome All Road College Park, GA 30349 404/768-8102
251. Allison A. Wood Business Council of Georgia 1280 S. Omni International Atlanta, GA 30335 404/223-2269
252. Joe F. Ragland Columbus Chamber of Commerce P.O. Box 1200 Columbus, GA 31902 404/327-1566
253. Charles A. Wollmer Common Cause 1971 Clairmeade Ave. Atlanta, GA 30329 404/634-1968
254. Richard Guthman, Jr. National Bank of Georgia 34 Peachtree St. Atlanta, GA 30303 404/584-1509
255. Mary E. Hodges REGISTERED AGENT The Physical Therapy Assoc. of Georgia The Hodges Corporation Suite 2129, First Atlanta Tower Atlanta, GA 30383 404/525-2212

256. David L. Alexander L.F. Rothschild, Unterberg, Towbin, Inc. One Penn Plaza New York, N.Y. 10119 404/521-0931 212/279-2500
257. General L. M. Smoot United Way of Metropolitan Atlanta, Inc. 100 Edgewood Ave. P.O. Box 2692 Atlanta, GA 30371 404/522-0110
258. O'Lester J. Kinard Labor/Mental Health 20 Mockingbird Circle Rome, GA 30161 404/291-6602
259. Eudora Rodgers REGISTERED AGENT Bureau of Wholesale Sales Repre sentatives League of Women Voters of AtlantaFulton County 1718 Peachtree St., N.W. Atlanta, GA 30309 404/881-0933
260. Bill Verner Georgia Electric Membership Corporation 148 Int'l. Blvd. #845 Atlanta, GA 30043 404/659-3430
261. Sherry Schulman SELF 556 N. McDonough St. Decatur, GA 30030 404/371-2881
262. Earl T. Shinhoster National Assn. for the Advancement of Colored People (NAACP) 970 M.L.K., Jr., Drive, S.W. Atlanta, GA 30314 404/688-8868
263. Joe H. McKenzie, Jr. Englehard Corporation P.O. Box 37 Gordon, GA 31031 912/628-7206

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264. Priscilla Woolley Georgia Association of Educators 3951 Snapfinger Parkway Decatur, GA 30035 404/289-5867
265. James E. Bellinger, III, PA-C REGISTERED AGENT Georgia Assoc. of Physician Assistants American Academy of Physician Assistants 1260 Renee Drive Decatur, GA 30035 404/284-4272
266. Jeff Bickerstaff American Family Life 1821 Iris Drive Columbus, GA 31906 404/323-3431
267. John S. Martin, III Southern Bell 346-125 Perimeter Center West Atlanta, GA 30346 404/391-2482
268. M. C. Peterson Gilman Paper Co. Box 878 St. Marys, GA 31558 912/882-4241
269. Cherry Clements SELF 857 Barton Woods Road, N.E. Atlanta, GA 30307 (no phone)
270. John T. Mitchell Mercer University 1400 Coleman Street Macon, GA 912/744-2776
271. James M. Shearer REGISTERED AGENT Druid Hills Civic Assoc. Parkwood Garden Club 124 Parkwood Lane Decatur, GA 30030 404/373-7426
272. Mrs. James M. Shearer (Dot) REGISTERED AGENT Druid Hills Civic Assoc. Parkwood Garden Club 124 Parkwood Lane Decatur, GA 30030 404/373-7426

273. Neill Herring REGISTERED AGENT Ga. Association of Railroad Passengers Campaign for a Prosperous Georgia 983 Park Place Macon, GA 31201 912/743-8451 404/875-3717
274. Thomas E. Stewart Amalgamated Transit Union Local 732 250 Tenth Street, N.E. #208 Atlanta, GA 30309 404/892-1590
275. W. W. Whitton International Assn. of Machinists & Aerospace Workers Local 709 Route 1, Box 421 Bremen, GA 30110 404/424-4426
276. Harold W. Berryman International Assn. of Machinists & Aerospace Workers Local 709 6529 Maivin Drive Austell, GA 30001 404/424-5075
277. Carl Mason International Assn. of Machinists & Aerospace Workers Local 709 3790 Brookway Atlanta, GA 30331 404/424-2426
278. Earl Dean Rector International Assn. of Machinists & Aerospace Workers Local 709 94 Olive Circle Marietta, GA 30060 (no phone)
279. Norris Callier, Jr. Amalgamated Transit Union Local 732 250 10th St., N.E. Suite 208 Atlanta, GA 30309 404/892-1590
280. Brian Sherman NAACP -- Atlanta Branch 1190 Fairburn Road Atlanta, GA 30331 404/349-7496

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281. Carol M. Robinson NAACP -- Atlanta Branch 1190 Fail-burn Road Atlanta, GA 30331 404/349-7496
282. Edmund C. Martin Ga. School Food Service Association RFD 2, Box 242 Gainesville, GA 30501 404/289-2283
283. Linda Herren SELF 1517 Fairview Road, N.E. Atlanta, GA 30306 404/373-4358
284. Abit Massey Ga. Poultry Federation P.O. Box 763 Gainesville, GA 30503 404/532-0473
285. Cheri Villines DeKalb Child Sexual Abuse Task Force 3596 Sandy Woods Lane Stone Mtn., GA 30083 404/292-4140
286. Jack Boozer Druid Hills Civic Association Dept. of Religion Emory University Atlanta, GA 30329 404/727-7541
287. Michael Fowler Medical Assoc. of Georgia 938 Peachtree St. Atlanta, GA 30309 404/876-7535
288. G. Scott Johnson Exxon Corporation P.O. Box 60626 New Orleans, LA 70160 504/561-3360
289. Wilton Hill Ga. School Bus Driver's Assn. Box 158 Reidsville, GA 30453 912/557-4201

290. J. David Porter REGISTERED AGENT Georgia State University Young Democrats Young Democrats of DeKalb County Young Democrats of Georgia College Young Democrats of America 511 Susan Creek Drive Stn. Mtn., GA 30083 404/294-4414
291. Harry Wilson Ga. Federation of Teachers, A.F.T., AFL-CIO 6065 Roswell Road, N.E. #722 Atlanta, GA 30328
292. Mathew Foster Amalgamated Transit Union Local 732 250 10th St., N.E. Atlanta, GA 30309 404/892-1590
293. Preston M. Collins Southern Bell Telephone Co. 125 Perimeter Center, W. Atlanta, GA 30346 404/391-4545
294. John E. Rollins REGISTERED AGENT Citicorp Person to Person, Inc. Citicorp Acceptance Corp. Family Guardian Ins. 1 Tampa City Center, Suite 2201 Tampa, FL 33602 813/229-9464
295. Charlotte Gattis Ga. Manufactured Housing Assn. 1000 Circle 75 Pkwy. #060 Atlanta, GA 30339 404/955-4522
296. G. L. Bowen, III Georgia Textile Manufacturers Assoc., Inc. 34 Peachtree Street, Suite 2640 Atlanta, GA 30303 404/688-0555

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297. Monty M. Veazey REGISTERED AGENT Ga. Not for Profit Hospitals, Inc. 3 M Company TSN, Inc. P.O. Box 1572 Tifton, GA 31793 912/386-8660
298. William F. Morie REGISTERED AGENT Ga. Automobile Dealers Assn. Ga. Highway Users TSN, Inc. 4000 Cumberland Pkwy, 900A Atlanta, GA 30339 404/432-1658
299. Heather Gray Georgia Clearinghouse on Prisons & Jails P.O. Box 437 Atlanta, GA 30301 404/522-4971
300. R. L. Brantley Georgia Power Company 333 Piedmont Ave. Atlanta, GA 30302 404/526-6946
301. Bryce Holcomb Ga. Soft Drink Assn. 2508 Carroll Ave., Suite 104 Chamblee, GA 30341 404/457-0576
302. Jim Gray REGISTERED AGENT Grady Memorial Hospital Tobacco Institute Ga. Liability Crisis Coalition 229 Peachtree St., Sta 1600 Atlanta, GA 30303 404/659-1444
303. Charles Graves 3 M Company 300 N. 5th Ave., Suite IB Rome, GA 30161 404/235-5024
304. J. Griffin Doyle Fort Howard Paper Company P.O. Box 828 Rincon, GA 31326 912/826-2111

305. H. M. (Bo) Tinsley Ga. State Council of Machinists 504 Lake Drive Hapeville, GA 30354 404/766-6409
306. James M. Griffith Georgia Power Co. Box 4545 Atlanta, GA 30302 404/526-6526
307. Ann Wells White REGISTERED AGENT 145 15th St., N.E. Atlanta, GA 30361 404/881-6665
308. Jack H. Smith, III Georgians for Horse Racing P.O. Box 52903 Atlanta, GA 30355 404/261-0612
309. Brian R. Foster C & S Georgia Corp. P.O. Box 4899 Atlanta, GA 30302 404/581-4837
310. Sarah M. Hogsette Life of Georgia 5780 Powers Ferry Road Atlanta, GA 30327 404/980-5654
311. Cecil S. Nash A.A.R.P. 2149 New London Place Snellville, GA 30278 404/972-6142
312. Rosalie FitzPatrick League of Women Voters of Ga. 100 Edgewood Ave., N.E. Atlanta, GA 30303 404/522-8683
313. Samuel L. Dumas Georgia Power Co. P.O. Box 4545 Atlanta, GA 30302 404/526-4601
314. Luke R. Lassiter Nat. Assn. of Independent Insurers 106 Pine Crest Drive Cumming, GA 30130 404/887-9605

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315. Percy Marchman Ga. Assoc. of Property & Casualty Ins. Co. 1746 Northeast Expressway, Suite 200 Atlanta, GA 404/633-2480
316. June Devereux A.A.R.P. 2092 McDuffie Road Austell, GA 30001 404/948-3849
317. Dorothy P. Spence Georgia Assn. American Institute of Architects 1197 Peachtree St., N.E. Atlanta, GA 30361 404/873-3207
318. Sam W. Doss, Jr. Federation of Georgia Hospitals P.O. Box 431 Rome, GA 30101 404/291-9191
319. Johnnie J. Jones, President Fort Valley State College National Alumni Assoc. 3053 Corbin Ave. Decatur, GA 30034 404/241-5998
320. John A. Blackmon REGISTERED AGENT Citicorp & Affiliates Ga. Automobile Dealers Assn. Atlanta Convention & Visitors Bureau Georgia Hospitality & Travel Assn. American Family Life Assurance Co. of Columbus Steak & Ale Restaurant Corp. A.E. Staley Manuf. Company, Inc. Metro Atlanta Auto. Dealers Assn. Thoroughbred Owners & Breeders Assoc. of Georgia 2400 First Atlanta Tower Atlanta, GA 30383 404/656-1800
321. Bobbie Paul Parks, Historic Districts 227 Elizabeth St., N.E. Atlanta, GA 30307 404/589-9827

322. Dean Copeland Atlanta Chamber of Commerce 35 Broad Street Atlanta, GA 30335 404/586-1500
323. Connie Graves, R.N. Georgia Nurses Assoc. 1362 W. Peachtree St., N.W. Atlanta, GA 30309 404/589-9827
324. Raymond C. Taylor Brotherhood of Locomotive Engineers 6248 Birling Drive Columbus, GA 31909 404/561-8005
325. Walter F. Jackson B.M.W.E. Route 4, Box 449 Forsyth, GA 31029 912/994-6251
326. Ed Mullinax Ed Mullinax & Associates, Inc. P.O. Drawer 1649 LaGrange, GA 30241 404/882-6119
327. Robert Waymer The Elloree Company 242 Boulevard, S.E. Atlanta, GA 30312 404/525-6383
328. David Sherman, III Alston & Bird 1200 C & S Bank Bldg. 35 Broad Street Atlanta, GA 30335 404/586-1536
329. Clare H. Draper, IV Alston & Bird 1200 C & S Bank Bldg. 35 Broad Street Atlanta, GA 30335 404/586-1500
330. Linda G. Womack Oglethorpe Power Corporation 2100 E. Exchange Place P.O. Box 1349 Tucker, GA 30085
331. J. Wendell Brigance Georgia Health Care Assoc. 3735 Memorial Drive Decatur, GA 30032 404/284-8700

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332. Mel Steely American Association of University Professors West Ga. College Carrollton, GA 30118 404/834-1345
333. H. Andrew Owen REGISTERED AGENT American Ins. Assoc. (AIA) American Council of Life Insurers (ACLI) 1900 Peachtree Center Cain Tower Atlanta, GA 30303 404/688-2600
334. Patricia M. Smith Assoc. for Retarded Citizens/Ga. 1851 Ram Runway College Park, GA 30337 404/761-3150
335. E.R. Lambert Southland Corporation 126 Washington Street Madison, GA 30650 404/342-3566
336. Nancye Quarles REGISTERED AGENT Equifax, Inc. Individual P.O. Box 4081 Atlanta, GA 30302 404/885-8365
337. Frank Sanders Georgians United Against Reckless Driving (GUARD) P.O. Box 404 Clarkston, GA 30021
338. Alethea K. Garnett Georgia-Pacific Corporation P.O. Box 105605 Atlanta, GA 30348 404/521-4752
339. B. H. Landon Druid Hills Civic Assn. 1152 Oxford Road, N.E. Atlanta, GA 30306 404/378-2095

340. Henry P. Zimmer REGISTERED AGENT United Way of Metro. Atlanta Georgia Assn. of United Ways 100 Edgewood Ave. Atlanta, GA 30303 404/522-0110
341. W. A. Binns Union Camp Corp. P.O. Box 570 Savannah, GA 31402 912/238-7327
342. Debra L. Kaplan, P.C. SELF 3140 Merrick Drive, S.E. Atlanta, GA 30324 404/261-6577
343. Tim Johnson Campaign for a Prosperous Georgia P.O. Box 7302 Atlanta, GA 30357 404/659-5675
344. Lisa Anne Owen Georgians for Victim Justice 143 Traynot Ave. Savannah, GA 31405 912/944-4863
345. Brenda Murphy Georgia Assn. of Medical Victims, Inc. 4456 Berkshire Road Forest Park, GA 30050 404/361-2398
346. Jack D. Aiken REGISTERED AGENT Citizens for Liberty Libertarian Party of Georgia P.O. Box 8655 Atlanta, GA 30306 404/876-0592
347. Scott E. Tinnon REGISTERED AGENT American Society of Landscape Architects -- Georgia Chapter Georgia Society of Anesthesiologists Health Insurance Assoc. of America MAG Mutual Insurance Company Ga. Health System, Inc. Calif. Vision Service, Inc. Financial Life Insurance Co. of Ga. 229 Peachtree St., N.E. #803 Atlanta, GA 30303 404/688-3330

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348. Robert P. Constantine, Jr. REGISTERED AGENT American Society of Landscape Architects -- Georgia Chapter Georgia Society of Anesthesiologists Health Insurance Assoc. of America MAG Mutual Insurance Company Ga. Health System, Inc. Calif. Vision Service, Inc. Financial Life Insurance Co. of Ga. 229 Peachtree St., N.E. #803 Atlanta, GA 30303 404/688-3330
349. Helen Pitts Smith Georgians for Victim Justice 133 Montgomery St. Savannah, GA 31402 912/944-4863
350. Faith Marie Clark Georgians for Victim Justice 500 DeKalb County Courthouse Decatur, GA 30030 404/371-4748
351. Tambra P. Aldrup Georgians for Victim Justice 2812 Amber Trail Duluth, GA 30136 404/564-2796
352. Heidi Becker Georgians for Victim Justice 608 Beauregard St. Savannah, GA 31405 912/355-7366
353. Barbara Johnson REGISTERED AGENT Georgians for Victim Justice STOPAR Rockdale County Courthouse District Attorney's Office Conyers, GA 30208 404/922-7750
354. Harry D. Hollingsworth, Jr. Grady Hospital 229 Peachtree St., Suite 1600 Atlanta, GA 30303 404/659-1444
355. Andrew H. Griffin, Jr. Georgia Assoc. of Educators 3951 Snapfinger Parkway Decatur, GA 30034 404/289-5867

356. Jennifer Jessee Jr. League of Atlanta 522 Peachtree Battle Ave., N.W. Atlanta, GA 30305 404/355-1609
357. Betty Jo Currie Atlanta Junior League 982 Dean Drive, N.W. Atlanta, GA 30318 404/355-0286
358. Gay S. Colyer Atlanta Junior League 946 Winall Down Road Atlanta, GA 30319 404/231-4105
359. Martha M. Tate Atlanta Junior League 900 Kiplino Drive, N.W. Atlanta, GA 30318 404/351-5381
360. Pat Chambers SELF 2348 Pine Circle Gainesville, GA 30501 404/534-2010
361. Lillian M. Hall SELF 2044 Riverwood Drive Gainesville, GA 30501 404/536-5923
362. Conrad M. Fowler West Point Pepperell Box 71 West Point, GA 31833 404/645-4185
363. Marie S. Steinmeyer REGISTERED AGENT Ga. Wmn. Coalition for Med'l. Freedom Older Women League A.A.R.P. 3985 Lynfield Court College Park, GA 30349 404/349-2338
364. Marie Matthews Georgia Assoc. the American Institute of Architects Colony Square Retail Mall 1197 Peachtree St., N.E. Atlanta, GA 404/873-3207

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365. Deborah Sheppard Campaign for a Prosperous Georgia P.O. Box 7302 Atlanta, GA 30357 404/659-5675
366. Joseph J. Kelly Texaco, Inc. 59 Executive Park, N.E. #500 Atlanta, GA 30029 404/320-3754
367. Lori Sandoval SELF P.O. Box 8694 Atlanta, GA 30306 404/881-0594
368. Chris Lambert Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, GA 30309 404/873-4356
369. Sherrie Berger Planned Parenthood of Atlanta 100 Edgewood Ave., N.E. Atlanta, GA 404/688-9300
370. Barbara G. Hill Georgia Citizens for the Arts 1404 Spring Street, N.W. Atlanta, GA 30309 404/873-4356
371. Midge (Marguerite) Sweet Community 220 Elizabeth Street, N.E. Atlanta, GA 30307 404/688-5892
372. Gary E. Jackson REGISTERED AGENT Atlanta Bar Association Fulton County Development Authority 401 W. Peachtree St. #1550 Atlanta, GA 30308 404/659-1320
373. Ervin W. Goodroe Building Material Merchants Assn. P.O. Box 160 Austell, GA 30001 404/941-0223
374. Max A. Mason Ga. Pharmaceutical Assn. 785 Chickamauga Ave. Rossville, GA 30741 404/866-1220

375. Larry L. Braden Ga. Pharmaceutical Assn. 2520 Carroll Ave. Atlanta, GA 30341 404/451-1336
376. James F. Fleming, Jr. DeKalb Chamber of Commerce 750 Commerce Drive, Suite 201 Decatur, GA 30030 404/378-8000
377. Jack Howard Norfolk Southern Corp. 99 Spring Street, S.W. Atlanta, GA 30308 404/529-2003
378. William M. Bates REGISTERED AGENT Morehouse School of Medicine Interstate Paper Corp. Tobacco Institute Suite 812, 161 Spring St. Atlanta, GA 30303 404/588-1707
379. W. A. (Bill) Hathaway Federal/Military Retiree Coalition 1067 McConnell Drive Decatur, GA 30033 404/634-2811
380. Ski Bashinski REGISTERED AGENT Ga. Funeral Directors Assn. Surveying & Mapping Society of Ga. Ga. Automatic Merchandising Assn. Ga. Cemetery Assn. Ga. Pest Control Assn. Greater Atlanta Fabricare Assn. 3009 Rainbow Drive #123 Decatur, GA 30034 404/241-4095
381. Jack W. Houston Ga. Assn. of Petroleum Retailers 900 N. Hairston Road, Ste. D Stone Mtn., GA 30083 404/296-0305
382. Susan Lansdell Ga. Women's Political Caucus Box 22520 Emory University Atlanta, GA 30322 404/727-1137

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383. Jan Shepherd Ga. Trial Lawyers 641 Spring St. Gainesville, GA 30501 404/532-9589
384. Mary Betty Price Georgians for Victim Justice 5270 Alexander Lake Road Stockbridge, GA 30281 (no phone)
385. Dereda C. Taylor REGISTERED AGENT Informed Health Care Assn. of Georgia, Inc. Georgia Women's Coalition of Medical Freedoms, Inc. 1181 Melrose Drive Clarkston, GA 30021 404/299-2701
386. Phil Gates Tenneco, Inc. P.O. Box 2511 Houston, Texas 77001 713/757-4118
387. Dick Dorsey American Insurance Assoc. 3475 Lenox Road, N.E. Suite 765 Atlanta, GA 30326 404/934-4749
388. Raymond G. Farmer American Insurance Assoc. 3475 Lenox Road Atlanta, GA 30326 404/261-8835
389. Ed McGill Ga. Alcohol Dealers Assn., Inc. 920 Green Street Conyers, GA 30207 404/922-6555
390. Richard M. Ossoff SELF 1375 Peachtree St., N.E. Suite 200 Atlanta, GA 30351 404/881-1141
391. E. Wayne Stanford Ga. Grocers Association 1465 Northside Drive Atlanta, GA 30325 404/352-3320

392. Kay H. Pippin Ga. Assoc. of Educators (GAE) 3951 Snapfinger Pkwy. Decatur, GA 30233 404/289-5867
393. Tracy C. Goodbar Georgians for Victim Justice Gwinnett County District Attorney's Office P.O. Box 569 Lawrenceville, GA 30246 404/962-1618
394. William G. Sanders Georgia Assn. of Educators 500 Sugar Mill Road #240A Atlanta, GA 30338 404/993-2200
395. Robert R. King Georgia Hospitality & Travel Assn. 148 International Blvd. Suite 625 Atlanta, GA 30303 404/577-5888
396. Hershel W. Farmer Seaboard System Railroad 1590 Marietta Blvd., N.W. Atlanta, GA 30318 404/352-0425
397. Rebecca Gabriel REGISTERED AGENT A MT A National Health Federation 3960 Peachtree Road, N.E. #425 Atlanta, GA 30319 404/261-9607
398. Jim Gabriel REGISTERED AGENT AMT A National Health Federation Informed Health Care Assn. of Ga. 3960 Peachtree Road, N.E. #425 Atlanta, GA 30319 404/261-5059
399. Mary Lou Romaine Georgia Federation of Teachers 374 Maynard Terrace, S.E. #202 Atlanta, GA 30316 404/377-8924
400. William H. Hosch Bank South, N.A. 55 Marietta St., N.W. Atlanta, GA 30303 404/529-4783

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401. Cliff C. Kimsey, III Bank South, N.A. 55 Marietta St., N.W. Atlanta, GA 30303 404/529-4784
402. John A. Jones American Assoc. of Retired Persons Route 3, Box 401 Greensboro, GA 30642 (no phone)
403. Ovid H. Stephenson State Career & Retired Employees 1966 Ridgewood Drive, N.E. Atlanta, GA 30307 404/636-7667
404. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, GA 30084 404/934-1955
405. M. Harris Mynatt P.A.G.E. 202 Davidson Drive Dalton, GA 30720 404/226-1228
406. Susan E. Thomas SELF Emory University Clifton Road Atlanta, GA 30322 (no phone)
407. Teresa N. Ratel Candler Park Neighborhood Org. 505 Page Ave. Atlanta, GA 30307 (no phone)
408. James A. Cody REGISTERED AGENT Ga. Sheriffs Assn. Ga. Society of Assn. Executives 4301 Memorial Drive Decatur, GA 30032 404/292-1955
409. Dr. Malcolm Cummings Georgia Assoc. of Christian Schools Suite 218, 337 S. Milledge Ave. Athens, GA 30605 404/549-2190

410. Patty Partin Georgia PTA 210 Indian Trail, N.E. Dalton, GA 30720 404/226-1426
411. Ruenette Gilbert Georgia PTA 1846 Beaverdale Road Dalton, GA 30720 404/259-5406
412. Jennifer Bonanno Georgia Women's Political Caucus P.O. Box 22918 Emory University Atlanta, GA 30322 404/727-6602
413. Jim Martin Ga. Society of CPA's 3340 Peachtree Road, N.E. Atlanta, GA 30026 404/231-8676
414. Charles A. Mobley REGISTERED AGENT Georgia Chiropractic Assoc. Georgia Trial Lawyers Democratic Party of Georgia 1105 Bond Street Macon, GA 31201
415. Herman R. Daniell Georgia Assoc. of Assessing Officials 185 Washington Street Marietta, GA 404/429-3664
416. Rufus T. Dorsey, IV REGISTERED AGENT Parker, Hudson, Rainer, Dobbs & Kelly St. Joseph's Hospital of Savannah 133 Carnegie Way, Suite 1200 Atlanta, GA 30303 404/523-5300
417. Holly N. Hayes Mental Health Assoc. of Ga., Inc. 1244 Clairmont Road, Suite 204 Decatur, GA 30030 404/634-2850
418. William Wyatt Holland Residential Services Coalition 100 Edgewood Ave., Suite 502 Atlanta, GA 30328 404/527-7175

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419. James R. Newman Southern Bell Telephone Co. 125 Perimeter Center, West Atlanta, GA 30346 404/301-2281
420. Bill Carbine City of Marietta 1646 Elm Ridge Way Stone Mtn., GA 30083 404/981-3792
421. Ruth F. Claiborne REGISTERED AGENT Council for Children, Inc. Ga. Assoc. of School Psychology 18 Fourth St., N.W. Atlanta, GA 30305 404/892-5122
422. Joseph A. Sports REGISTERED AGENT The NutraSweet Group Pearle Vision Centers Winston Network, Inc. Car & Truck Rental & Leasing Assn. Chambers of Georgia, Inc. National Medical Enterprises, Inc. Joe Sports Associates, Inc. 21 Finch Trail Atlanta, GA 30308 404/873-3728
423. Nyna Gentry Southeastern Travelers Exhibitors 837 Barnett St., N.E. Atlanta, GA 30306 404/873-6721
424. Herb Green U.A.W. 6108 Spalding Drive Norcross, GA 30092 404/432-0701
425. Wayne W. Stageman The Southland Corp. Box 719 Dallas, Texas 75221 214/761-3642
426. J. Brian Johnstone A.T.&T. & Affiliated Companies 133 Peachtree St., Suite 3300 Atlanta, GA 30303 404/525-1034

427. Fran Toliver Ga. Federation of Teachers, AFL-CIO 6065 Roswell Road, Suite 722 Atlanta, GA 30328 404/252-6327
428. Benson Ham Ga. E.M.C. 148 Int'l. Blvd., N.E. Atlanta, GA 30043 404/659-3430
429. Mary F. Agraz Ga. League of Women Voters 1000 Edgewood Ave. Atlanta, GA 30303 404/522-8683
430. C. A. Collier A.A.R.P. 529 W. Solomon St. Griffin, GA 30223 404/227-7580
431. Tom Watson Brown REGISTERED AGENT Georgia Assoc. of Broadcasters, Inc. Federated Investors, Inc. 2100 Cain Tower 229 Peachtree St. Atlanta, GA 30303 404/522-8100
432. Mary Margaret Oliver REGISTERED AGENT Georgia Council on Child Abuse Clients of Georgia Legal Aid Services & Atlanta Legal Aid Society 500 Fidelity National Bank 160 Clairmont Ave. Decatur, GA 30030 404/378-2566
433. Charlie A. Hicks Ga. Assoc. of Educators 3951 Snapfmger Parkway Decatur, GA 30035 404/289-5687
434. Rosemary Hayward Mental Health Assoc. of Ga., Inc. 1244 Clairmont Rd. Decatur, GA 30030 404/634-2850
435. Betty J. Grant Georgia NOW 113 Ashford Place Roswell, GA 30076 404/641-7626

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436. Lane C. Pappaport Georgia NOW 815 Greenwood Ave., N.E. Atlanta, GA 30306 404/872-5717
437. Gerald W. Bowling Municipal Electric Authority of Ga. 100 Peachtree St., Suite 700 Atlanta, GA 30303 404/522-8510
438. William Hollberg REGISTERED AGENT Alliance for Parents & Families Georgia Right to Life Committee, Inc. 744 Elkmont Drive, N.E. Atlanta, GA 30306 404/874-0874
439. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Bldg. Atlanta, GA 30043 404/658-8042
440. J. Emmett Henderson Georgia Council on Moral & Civic Concerns 2930 Flowers Road South Atlanta, GA 30341 404/451-9361
441. Hinson McAuliffe REGISTERED AGENT Georgia Baptist Convention Georgia Council on Moral & Civic Concerns 55 Silverwood Road, N.E. Atlanta, GA 30342 404/255-0680
442. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle, S.W. Marietta, GA 30064 404/424-0769
443. Robert Cucchi TRW, Inc. Suite 430, 6000 Lake Forrest Drive, N.W. Atlanta, GA 30328 404/843-2420

444. Lithangia S. Robinson Cobb-Marietta Retired Teachers 2880 Valley Heart Drive, N.W. Atlanta, GA 30318 404/691-8720
445. Ted O'Callaghan City of Decatur 805 Pinetree Drive Decatur, GA 30030 404/373-3137
446. Angeline R. Luke Medical Assn. of Georgia 938 Peachtree St., N.E. Atlanta, GA 30309 404/876-7535
447. Judy H. Moye Professional Bail Agents of Georgia, Inc. 114 N. McDonough St. Jonesboro, GA 30236 404/477-7865
448. Robert R. Potter State Farm Insurance Companies 771 Spring St., N.W. Atlanta, GA 30379 404/881-0844
449. David McCord REGISTERED AGENT Nat. Assn. of Social Workers Ga. Clearinghouse on Prisons & Jails 3166 Maple Drive, N.E., Suite 200B Atlanta, GA 30305 404/262-1490
450. William N. Griffin Georgia Beer Wholesalers Assn. P.O. Box 53379 Atlanta, GA 30305 404/231-4292
451. Coy R. Johnson Ga. Assn. of Life Ins. Companies 112 N, Main Street Cumming, GA 30130 404/887-7761
452. Dorethea Elaine Archie Continuum 1447 Peachtree St., Suite 521 Atlanta, GA 30309 404/873-1993

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107

453. Mellonee Houston-Willis Continuum 1447 Peachtree St., Suite 521 Atlanta, GA 30349 404/873-1993
454. Frank Barren Thorpe REGISTERED AGENT Ga. Assn. of Convenience Stores Ga. Wholesale Grocer's Assn. P.O. Box 7776 Macon, GA 31209 912/474-1096
455. Sally T. Lee REGISTERED AGENT Junior League of Georgia SPAC Pub. Education Task Force 1269 Craddock Way Macon, GA 31210 912/477-2239
456. Susan Culpepper Assoc. Management Resources, Inc. 2209 Willivee Place Decatur, GA 30033 404/320-1348
457. Ogden Doremus Insurance Law Section -- State Bar of Georgia 10 N. Rountree St. Box 296 Metier, GA 30439 912/685-5763
458. Marva Fisher Friends of Mable Thomas 3233 Mt. Gilead Road, S.W. Atlanta, GA 30311 404/344-0606
459. Thomas E. B. Phillips Georgia Hospitality & Travel Assn. 149 International Blvd. #625 Atlanta, GA 30303 404/577-5888
460. David R. Williams Georgia Bankers Assn. 320 William-Oliver Bldg. Atlanta, GA 30303 404/522-1501
461. Linda F. Waters Georgia School Food Service Assn. 3951 Snapfinger Parkway, Suite 505 Decatur, GA 30062 404/289-2283

462. Bobby Rowan Enigma Brotherhood of Farmers Route 1 Enigma, GA 31749 912/533-5535
463. Joel C. Williams, Jr. Savannah Foods & Industries, Inc. Box 339 Savannah, GA 31402 912/234-1261
464. Render Hill GTE Sprint Court Square Greenville, GA 30222 912/234-1261
465. Guy E. Wood Georgia Assn. of Assessing Officials 165 Central Ave., Room 100 Atlanta, GA 30335 404/572-2622
466. Johnny Richards Fulton County Schools 768 Cleveland Ave. Atlanta, GA 30301 404/768-3600
467. Patricia M. Westrick Historic Parks 150 E. Ponce de Leon Ave. Decatur, GA 30030 404/377-0107
468. Roger W. Howard Distilled Spirits Council of United States, Inc. 2534 Orchard Lane Jefferson City, MO 314/635-0721
469. Steve Levetan Ga. Assn. of Scrap Processors 80 Milton Ave., S.E. Atlanta, GA 30315 404/622-8124
470. Betty Blondeau-Russell Georgia Citizens for the Arts Atlanta, GA 30309 404/898-1126
471. Harold E. Bryant Blue Cross and Blue Shield of Ga. P.O. Box 4445 Atlanta, GA 30302 404/262-8431

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472. Thomas A. Player REGISTERED AGENT Aetna Life & Casualty Ga. State Assn. of Life Under writers 75 Poplar St. Atlanta, GA 30303 404/681-2600
473. Ann Rose REGISTERED AGENT Worth Advertising, Inc. Midtown Hospital Ga. Trial Lawyers Assn. Atlanta Surgi-Center Woman's Diagnostic Center Sparlin Chiropractic Center 1104 Wedgewood Way Dunwoody, GA 30338 404/873-6345 404/993-0772
474. Frances K. Beck Fulton County Daily Report 190 Pryor St., S.W. Atlanta, GA 404/521-1277

475. Earl H. Higgins Fulton County Daily Report 190 Pryor St., S.W. Atlanta, GA 404/521-1227
476. Frank Louis Amodeo Georgia State University Atlanta, GA 30303 404/658-2367
477. Charlie E. Key REGISTERED AGENT North Georgia Building and Con struction Trade Council Plumbers & Steamfitters Local 72 501 Pulliam St., S.W. #225 Atlanta, GA 30312 404/584-0005
478. James David Bentley North Georgia Building and Con struction Trade Council Plumbers & Steamfitters Local 72 501 Pulliam St., S.W. #225 Atlanta, GA 30312 404/584-0005

The following communications were received and read by the Secretary:

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 17, 1986

Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fifth Congressional District. He will serve for a term beginning April 16, 1986, and expiring April 15, 1991. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board.
With kindest personal regards and best wishes, I am
Sincerely yours,
M Frank H. Edwards Legislative Counsel

FRIDAY, JANUARY 17, 1986

109

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Brad Hubbert, Fulton County, has been elected, pur suant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Fifth Congressional Dis trict, for a term of five years and until his successor is elected and qualified, such term beginning April 15, 1986, and expiring April 15, 1991.

This 17th day of January, 1986.

M Zell Miller President of the Senate
is/ Thomas B. Murphy Speaker, House of Representatives

Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:

The General Assembly Atlanta
January 17, 1986

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 16, 1986, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert, Fulton County, was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1986, and expiring April 15, 1991.
Respectfully submitted,
/a/ Bev Engram Senator, 34th District Chairman Fifth Congressional District Caucus
/s/ Betty J. Clark Representative, 55th District Secretary Fifth Congressional District Caucus
The General Assembly Atlanta
January 17, 1986
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20,

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relative to the State Transportation Board, a caucus was held on January 16, 1986, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert, Fulton County, was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1986, and expiring April 15, 1991.
Respectfully submitted,
/s/ Bev Engram Senator, 34th District Chairman Fifth Congressional District Caucus
1st Betty J. Clark Representative, 55th District Secretary Fifth Congressional District Caucus

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 17, 1986

Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Max Goldin was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve for a term beginning April 16, 1986, and expiring April 15, 1991. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board.

With kindest personal regards and best wishes, I am
Sincerely yours,
/s/ Frank H. Edwards Legislative Counsel

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Max Goldin, Haralson County, has been elected, pur suant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Sixth Congressional Dis trict, for a term of five years and until his successor is elected and qualified, such term beginning April 15, 1986, and expiring April 15, 1991.

This 17th day of January, 1986.

/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

FRIDAY, JANUARY 17, 1986

111

The General Assembly Atlanta
January 17, 1986
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 16, 1986, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin, Haralson County, was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 1986, and expiring April 15, 1991.
Respectfully submitted,
/s/ Wm. J. Lee Representative, 72nd District Chairman Sixth Congressional District Caucus
/s/ Wayne Garner Senator, 30th District Secretary Sixth Congressional District Caucus
The General Assembly Atlanta
January 17, 1986
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 16, 1986, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin, Haralson County, was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 1986, and expiring April 15, 1991.
Respectfully submitted,
/s/ Wm. J. Lee Representative, 72nd District Chairman Sixth Congressional District Caucus
/s/ Wayne Garner Senator, 30th District Secretary Sixth Congressional District Caucus

Serving as doctor of the day today was Dr. J. Harper Gaston of Atlanta, Georgia.

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Senator Harris of the 27th moved that the Senate stand in recess from 10:30 o'clock A.M. until 5:00 o'clock P.M. today, at which time the Senate would stand adjourned pursu ant to HR 459, adopted previously, until 10:00 o'clock A.M. on Monday, January 27. The motion prevailed.

MONDAY, JANUARY 27, 1986

113

Senate Chamber, Atlanta, Georgia Monday, January 27, 1986 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Jan uary 17, 1986, 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:
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 544. By Representatives Colwell of the 4th, Hays of the 1st, Jackson of the 9th and others: A resolution recognizing the Southern States Correctional Association on the oc casion of its seventeenth anniversary and annual training conference.
SR 286. By Senators Coverdell of the 40th and Howard of the 42nd: A resolution expressing regret at the untimely passing of Officer Philip Bruce Mathis of the Atlanta Police Force.
SR 313. By Senator Holloway of the 12th: A resolution commending the students and faculty of Albany Junior College.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 422. By Representative Johnson of the 72nd: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connec tion with the Employees Retirement System of Georgia, so as to change the pro visions relating to employee and employer contributions in certain cases.
HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability.
HB 1171. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is sus pected of being misbranded.
HB 1172. By Representative Reaves of the 147th: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and

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control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4.
HB 1191. By Representatives Lane of the 27th, Martin of the 60th and Watson of the 114th:
A bill to amend an Act which amended Title 31 of the Official Code of Georgia Annotated, relating to health, to create the State Boxing Commission, so as to repeal the provision providing for the automatic repeal of said Act on June 30, 1986.
HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th and others:
A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules.
HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th and others:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions.
HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license.
HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.
HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules and granting letters of administration, generally, so as to pro vide an exception to a surviving spouse's entitlement to those letters.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center gener ally, so as to authorize the center to make available to any local fire department upon request a copy of the criminal history record information of an applicant for employment as a firefighter. Referred to Committee on Judiciary and Constitutional Law.
SB 392. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and

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restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving records of certain persons to local fire departments. Referred to Committee on Public Safety.
SB 393. By Senator Cobb of the 28th:
A bill to amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to pro vide that cards issued to applicants under 21 years of age shall contain certain distinctive characteristics; to provide an effective date. Referred to Committee on Public Safety.
SB 394. By Senator Burton of the 5th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the provisions relating to exemptions from applicable stan dards and specifications; to provide an effective date. Referred to Committee on Human Resources.
SB 395. By Senator Tysinger of the 41st:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents in guardianship and custody actions involving minor children, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relation ships have been terminated. Referred to Committee on Children and Youth.
SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date. Referred to Committee on Banking and Finance.
SB 397. By Senators Perry of the 7th, Reddish of the 6th and Ray of the 19th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture con taining cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine; to provide for penalties. Referred to Committee on Judiciary.
SB 398. By Senators Engram of the 34th, Kidd of the 25th, Horton of the 17th and others:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation for bailiffs and jurors, so as to provide that persons serving on juries shall continue to receive their regular compensation from their employers; to provide exceptions and limitations; to provide for related matters. Referred to Committee on Judiciary.

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SB 399. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that all funds collected from the assessment of an additional fee on license plates shall be re ceived and disbursed by the Department of Human Resources for the support of emergency medical services systems; to provide for the powers and duties of the department.
Referred to Committee on Human Resources.
SB 400. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services; so as to provide for findings and a decla ration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.
Referred to Committee on Human Resources.
SB 401. By Senators Albert of the 23rd and Hudgins of the 15th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Child Abuse and Neglect Preven'tion Board and the State Children's Trust Fund; to provide a short title; to de fine certain terms; to provide for the membership of the State Child Abuse and Neglect Prevention Board, its powers, and compensation.
Referred to Committee on Children and Youth.
SB 402. By Senators Bryant of the 3rd and Perry of the 7th:
A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions pertaining to postsecondary education, so as to provide that every male citizen of this state who is required to but has failed or refused to register with the Selective Service System of the United States shall be ineligible to receive any kind of state funds under said chapter.
Referred to Committee on Higher Education.
SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 31-22-6 of the Official Code of Georgia Annotated, relating to the authority of the Board of Human Resources to promulgate rules and regulations regarding clinical laboratories, so as to limit such authority as to personnel licensed under Chapter 9A of Title 43; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to pro vide for the licensing of clinical laboratory science practitioners.
Referred to Committee on Human Resources.
SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to change the provisions relating to licensure of child welfare agencies; to provide for the registration of family day-care homes and group daycare homes.
Referred to Committee on Human Resources.

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SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date. Referred to Committee on Governmental Operations.
SB 406. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules pursuant to the "Georgia Administrative Procedure Act," so as to change the procedures relating to the overriding of rules of agencies; to authorize either branch of the General Assembly to override a rule of an agency. Referred to Committee on Rules.
SR 316. By Senators Garner of the 30th, Tolleson of the 32nd, Harrison of the 37th and Howard of the 42nd:
A resolution creating the Joint Emergency Medical Services Systems Study Committee. Referred to Committee on Rules.
SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the li censing of vehicles and provide that the proceeds derived therefrom may be ap propriated to the Department of Human Resources for use in the support of emergency medical services systems to this state; to provide for return of moneys to counties; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Human Resources.
SR 319. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and Bond of the 39th:
A resolution urging Congress to continue funding of community services block grants, the Headstart program, and low-income energy assistance block grants. Referred to Committee on Urban and County Affairs (General).
SR 320. By Senators Albert of the 23rd and Hudgins of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratifica tion or rejection. Referred to Committee on Children and Youth.
SR 322. By Senator English of the 21st:
A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners so as to provide that the State of Georgia, acting by and through the Governor, shall convey certain real property in Emanuel County under certain conditions. Referred to Committee on Public Utilities.

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SR 323. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution creating the Senate Study Committee relative to revenue sharing for the purpose of increased salaries and training for law enforcement officers. Referred to Committee on Rules.
SR 324. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution creating the Joint Study Committee relative to revenue sharing for the purpose of increased salaries and training for law enforcement officers. Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 422. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connec tion with the Employees' Retirement System of Georgia, so as to change the pro visions relating to employee and employer contributions in cases where an em ployee elects to continue membership in a local retirement system. Referred to Committee on Retirement.
HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions. Referred to Committee on Judiciary.
HB 1171. By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is sus pected of being misbranded; to change the requirements of the misbranding of food. Referred to Committee on Consumer Affairs.
HB 1172. By Representative Reaves of the 147th:
A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers. Referred to Committee on Agriculture.
HB 1191. By Representatives Lane of the 27th, Martin of the 60th and Watson of the 114th:
A bill to amend an Act which amended Title 31 of the Official Code of Georgia Annotated, relating to health, to create the State Boxing Commission, so as to repeal the provision providing for the automatic repeal of said Act on June 30, 1986. Referred to Committee on Governmental Operations.

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HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th and others:
A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules. Referred to Committee on Human Resources.
HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th and others:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions. Referred to Committee on Agriculture.
HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Davis of the 45th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license. Referred to Committee on Judiciary.
HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto. Referred to Committee on Judiciary.
HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules for granting letters of administration, generally, so as to pro vide an exception to a surviving spouse's entitlement to those letters. Referred to Committee on Judiciary.
The following bills and resolutions of the Senate and House were read the second time:
SB 4. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide for eligibility for disability benefits; to provide for the determination of disability; to provide for the amount of disability benefits; to provide an effective date.
SB 50. By Senator Deal of the 49th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and em ployees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time.

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SB 109. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future.
SB 120. By Senator Brown of the 47th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legislative Retirement System, so as to increase the retirement allowance; to provide for an effective date.
SB 261. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Campaign and Financial Disclosure Act," so as to provide that campaign contributions and proceeds of investment of such contributions can only be used for certain purposes or transferred to certain organizations.
SB 295. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for vot ing a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections.
SB 296. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or ser vice in public office; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office.
SB 297. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, and number of signatures required, so as to change the provisions relating to signature require ments for nomination of independent candidates; to provide an effective date.
SB 303. By Senator Kidd of the 25th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the con duct of bingo games; to provide an effective date.
SB 305. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.

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SB 337. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 52-2-11 of the Official Code of Georgia Annotated, relating to the power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to sell or dispose of property, so as to repeal the provisions which require the prior written approval of the Governor, the state auditor, and the Attorney General before the authority may sell, lease, mortgage, or convey any land as security for a loan.
SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Ports Authority Act," so as to change the provisions relat ing to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County; to provide for applicability; to provide an effective date.
SB 354. By Senators Barnes of the 33rd, Bond of the 39th, Scott of the 36th and others: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board; to provide an effective date.
SB 360. By Senators Gillis of the 20th, Kennedy of the 4th and McGill of the 24th: A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions; to provide for a short title; to provide for definitions; to provide that only certain onions may be identified, classified, packaged, labeled, or otherwise designated for sale as Vidalia onions.
SB 364. By Senator Phillips of the 9th:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building; to provide exceptions.
SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that con sumption of alcohol during pregnancy is dangerous; to provide for rules and regu lations; to provide for fees; to provide for all matters relative to the foregoing.
SR 283. By Senators Coverdell of the 40th, Brantley of the 56th, Phillips of the 9th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution authorizing the President of the United States to re duce or eliminate one or more items of appropriation while approving other por tions of a bill.
SR 292. By Senator Fincher of the 54th:
A resolution designating the R.E. Chambers Memorial Bridge.
SR 294. By Senators Timmons of the llth and Trulock of the 10th: A resolution relative to the proposed closing of the railroad between Lynn and Cuthbert, Georgia.

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HB 453. By Representative Coleman of the 118th:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner.
HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
The following communication from Honorable Max Cleland, Secretary of State, was read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
January 24, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on January 24, 1986. The list is numbered 479 through 518.
Most sincerely,
/s/ Max Cleland
Attachment:
Received by /s/ Hamilton McWhorter, Jr.
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains names and addresses of those persons, numbered 479 through 518, who have registered in the Docket of Legislative Appearance as of January 24, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and tenth.
/s/ Max Cleland Secretary of State

MONDAY, JANUARY 27, 1986

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479. Julian P. Harris, II REGISTERED AGENT F.C.A.E. G.A.E. SELF P.O. Box 490547 Atlanta, GA 30349 404/766-3257
480. Kathy T. Chaffin Georgia Press Association 1075 Spring St., N.W. Atlanta, GA 30309 494/872-2467
481. Robert L. Scott Lederle Laboratories 5180 Peachtree Industrial Rd. Atlanta, GA 30302 404/455-0320
482. Sam E. West Beneficial Management Corp. Route 1, Box 2506 Lakemont, GA 30552 404/782-7654
483. Lee Wysong Eagle Forum 701 Longleaf Drive Atlanta, GA 30342 404/422-6159 404/237-6159
484. John L. Erickson Ford Motor Co. 233 Peachtree St., N.E. #2307 Atlanta, GA 30303 404/659-0303
485. Joan R. Cates Georgia Housing Coalition, Inc. 250 Georgia Ave., S.E. Room 363 Atlanta, GA 30345 404/523-0896
486. Herbert H. Mabry Georgia AFL-CIO 501 Pulliam St., S.W. Atlanta, GA 30312 404/525-2793
487. Obed H. Wheaton Georgia State Employees Assn. 501 Pulliam St., Suite 535 Atlanta, GA 30312 404/523-7884

488. Homer C. Smith Georgia State Employees Assn. 501 Pulliam St., Suite 535 Atlanta, GA 30312 404/523-7884
489. Joseph A. Parker Georgia Hospital Assn. Northwest Office Park Atlanta, GA 30339 404/955-0324
490. Jim Hewitt T.A.G. 4161 Ga. Hwy. 3 Griffin, GA. 30223 404/228-1420
491. Douglas Brown Young Democrats of DeKalb Cty. Georgia State University (no phone)
492. Shelia V. Rouda League of Women Voters 145 15th St. Atlanta, GA 30361 404/874-8433
493. Joe Brannen Georgia Bankers Assn. 320 William Oliver Bldg. Atlanta, GA 30303 404/522-1501
494. Connie Shaw Georgians for Freedom in Education 4818 Joy Lane Lilburn, GA 30247 404/923-9932
495. Sharon A. Hunt Georgia Society of Association Executives 2786 North Decatur Road #200 Decatur, GA 30033 404/299-3246
496. Julie Childs Junior Leagues of Georgia 66 Luckie St., N.W. Suite 200 Atlanta, GA 30043 404/577-6200
497. Gene Dyson Business Council of Georgia 1280 S. Omni Atlanta, GA 30335 404/223-2263

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498. Jim Parkman Business Council of Georgia 1280 S. Omni Int'l. Atlanta, GA 30335 404/223-2275
499. Dr. Hazel C. Cotney Georgia Chiropractic Assn. Inc. 142 Mitchell St., S.W. Suite LL1 Atlanta, GA 30303 404/688-3730
500. Albert J. Abrams Greater Macon Chamber of Commerce P. 0. Box 169 Macon, GA 31298 912/741-8012
501. Joan H. Heflinger Widener & Assoc. P. 0. Box 88101 Atlanta, GA 30356 404/393-8625
502. Carl. T. Martin Empire Distributors, Inc. 657 Park Drive, N.E. Atlanta, GA 30306 404/892-2241
503. Gerald E. Busbee REGISTERED AGENT Southeast Distributors, Inc. Kelly & Cohen, Inc. BLM, Inc. 4691 Warrior Trail Lilburn, GA 30247 404/923-1139
504. Joy E. Gravitt REGISTERED AGENT League of Independent Fulton Educators Professional Assn. of Georgia Educators 3700 B Market St. Clarkston, GA 404/964-7344
505. Craig Williamson Young Democrats of Georgia 385 Tenth Street Atlanta, GA 30309 404/874-8559

506. Charles R. Morrison REGISTERED AGENT Sears Roebuck and Co. Georgia Retail Assn. 675 Ponce de Leon Ave. Atlanta, GA 30395 404/885-3648
507. John G. R. Bankhead Tobacco Institute, Inc. 2601 Flowers Road, South Atlanta, GA 30341 404/455-6357
508. Jeanne Bedell Ga. Society for Clinical Social Work 1581 Phoenix Blvd., Suite 4 Atlanta, GA 30349 404/997-8516
509. James M. Frye Philip Morris, U.S.A. P. O. Box 26603 Richmond, VA 23261 804/274-4071
510. Robert W. Graham Associated Builders & Contractors of Ga., Inc. 740 W. Peachtree St. Atlanta, GA 30308 404/881-6206
511. Margie Pitts Hames REGISTERED AGENT Atlanta Surgi Center Inc. Midtown Hospital Atlanta Women's Medical Center 794 Juniper St., N.E. Atlanta, GA 30308 404/873-6565
512. Rhonda Caudell Vocational Placement Services, Inc. 1875 Century Blvd., Suite 260 Atlanta, GA 30345 404/325-1449
513. Peggy Camp Vocational Placement Services, Inc. 1875 Century Blvd., Suite 260 Atlanta, GA 30345 404/325-1449
514. Jim Kittrell Seaboard System Railroad 1590 Marietta Blvd. Atlanta, GA 30318 404/352-0425

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515. Beth Graham Atlanta Junior League 23 Vista Square Atlanta, GA 30327 404/352-1886
516. Tom Richter SELF 1061 Cumberland Road, N.E. Atlanta, GA 30306 404/892-1813

517. A. H. (Al) Golden Atlanta Alliance for the Mentally 111 4242 Glenda Drive College Park, GA 30337 404/766-8447
518. William L. Bache Fraternal Order of Police Lodge 64 1030 Malibu Drive, N.E. Marietta, GA 404/926-0335

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

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

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land

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

Those not answering were Senators:

Bond Coverdell Garner

Horton Howard Langford

Peevy (excused) Tolleson

Senator Barnes of the 33rd introduced the chaplain of the day, Reverend Joe Conyers, pastor of Austell Presbyterian Church, Austell, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 318. By Senator Ray of the 19th: A resolution honoring Mr. Lyn Lott.

Senator Ray of the 19th introduced Mr. Lyn Lott and his wife to the Senators.

The following resolution of the Senate was read and adopted:

SR 328. By Senator Timmons of the llth: A resolution commending the Calhoun County High School Baseball Team.

Senator Timmons of the llth introduced the Calhoun County High School Baseball Team to the Senators.

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The following resolutions of the Senate and House were read and adopted:
SR 321. By Senator Tate of the 38th: A resolution honoring Reverend M. L. Raglin on January 26, 1986.
SR 325. By Senator Holloway of the 12th: A resolution honoring Mr. Andrew D. "Bevo" Jones.
SR 326. By Senators Kennedy of the 4th, Bryant of the 3rd, Gillis of the 20th and Eng lish of the 21st: A resolution commending the Eagles Football team of Georgia Southern College.
SR 327. By Senators Kennedy of the 4th, Bryant of the 3rd, Gillis of the 20th and Eng lish of the 21st: A resolution commending Erk Russell, head football coach at Georgia Southern College.
SR 329. By Senators Timmons of the llth and Hudgins of the 15th: A resolution expressing sympathy at the passing of Honorable Hugh O. Overby, Jr.
HR 544. By Representatives Colwell of the 4th, Hays of the 1st, Jackson of the 9th and others: A resolution recognizing the Southern States Correctional Association on the oc casion of its seventeenth anniversary and annual training conference.
Senator Greene of the 26th asked unanimous consent to excuse Senator Peevy of the 48th from the Senate today due to illness; the consent was granted, and Senator Peevy of the 48th was excused from the Senate today.
Senator Greene of the 26th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and Constitutional Law and committed to the Senate Committee on Insurance:
SB 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exten sively revise the penalties for failure to comply with the requirements for motor vehicle insurance.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 390 was with drawn from the Senate Committee on Judiciary and Constitutional Law and committed to the Senate Committee on Insurance.
SENATE CALENDAR Monday, January 27, 1986 SIXTH LEGISLATIVE DAY SB 316 Watercraft Operation Under Influence of Alcohol, Drugs--prohibit (SUBSTI TUTE) (J&CL--33rd) SB 339 Costs Against Prosecutors--when action is dismissed (SUBSTITUTE) (Judy--49th) SB 343 Handicapped Parking--special unit for enforcement (J&CL--26th)

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SB 344 Aggravated Sodomy--bailable only before superior court judge (Judy--34th)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 316:
A BILL
To be entitled an Act to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any moving water skis, moving aqua plane, moving surfboard, or similar moving device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence; to require vessel operators suspected of being under the influence of alcohol or drugs to submit to chemical tests for the purpose of determining their alcoholic or drug content; to provide that the refusal to submit to chemical tests shall constitute a viola tion of these provisions; to provide for the admission of certain facts into evidence; to pro vide that the investigating coroner or medical examiner require a chemical blood test be performed on persons killed in boating accidents so as to determine the presence of alcohol or drugs; to prohibit the use of skis and other water devices in a reckless or negligent man ner; to prohibit boat owners from knowingly allowing or authorizing the use of their boat by any person who is under the influence of alcohol or drugs; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards in a reckless or negligent manner or while under the influence of alcohol or narcotic drugs, which reads as follows:
"52-7-12. (a) No person shall operate any vessel or manipulate any water skis, aqua plane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(b) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device while under the influence of alcohol, any narcotic drug or barbitu rate, marijuana, or any other hallucinogenic or dangerous drug.",
and substituting in lieu thereof a new Code Section 52-7-12 to read as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which renders him incapable of operat ing safely;

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(3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of operating safely; or
(4) There is 0.10 percent or more by weight of alcohol in his blood.
(b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of violating this Code section.
(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforcement officer under paragraph (e) of this Code section, only a physician, registered nurse, labora tory technician, or other qualified person may withdraw blood for the purpose of determin ing the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer;
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section;
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts al leged to have been committed by any person while operating or in actual physical control of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol; and

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(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol.
(e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immedi ate threat to the welfare and safety of the general public. Therefore, any person who oper ates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been oper ating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by sub section (e) of this Code section, and the test or tests may be administered subject to subsec tions (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead per son or persons and that the results of such test be properly recorded in their report.
(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surf board, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 42, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Coverdell

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Dawkins Deal Dean English l^ram Fmcher FGoilsltiser Greene Harris
Harrison Hine

Holloway Hudgins Huggins Kennedy Kidd Land LMacnGgiflol rd McKenzie Perry
Phillips Ray

Reddish Scott of 2nd Scott of 36th Starr Stumbaugh
Tol,,leson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Garner

Horton Howard

Peevy (excused) Timmons

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

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

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

Mr. President:

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

HB 911. By Representatives Kingston of the 125th and Auten of the 156th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to specify certain zoning procedures to be followed in counties containing salt-water islands.

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

HB 911. By Representatives Kingston of the 125th and Auten of the 156th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to specify certain zoning procedures to be followed in counties containing salt-water islands.
Referred to Committee on Urban and County Affairs (General).

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

SB 339. By Senator Deal of the 49th:
A bill to amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs against a prosecu tor when at a committal hearing the action is dismissed for want of probable cause, to provide for all related matters; to provide for an effective date and for applicability.

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The Senate Committee on Judiciary offered the following substitute to SB 339:

A BILL
To be entitled an Act to amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs and jail fees against a prose cutor when at a committal hearing the action is dismissed for want of probable cause; to provide for all related matters; to provide for an effective date and for applicability; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, is amended by designating the existing text of the Code section as subsection (a) and by adding thereafter a new sub section (b) to read as follows:
"(b) A magistrate may, in his discretion, assess costs and jail fees against the prosecutor when at a committal hearing the action is dismissed for want of probable cause."
Section 2. This Act shall become effective July 1, 1986, and shall apply to prosecutions commenced on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Hudgins Kennedy Kidd Land

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

Those not voting were Senators:

Bond Garner Horton

Howard Huggins Peevy (excused)

Reddish Timmons

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

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The bill, having received the requisite constitutional majority, was passed by substitute.
SB 343. By Senators Greene of the 26th, Dean of the 31st, Coleman of the 1st and others:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to authorize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes.
Senator Greene of the 26th offered the following substitute to SB 343:
A BILL
To be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to authorize the governing authority of any county or municipality of this state to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of certain handicapped parking statutes; to authorize recruitment and employment guidelines which encourage and enable employment of qualified disabled persons in such special enforcement units; to provide for the authority of such special enforcement units; to provide that mem bers of such units shall not be peace officers, shall not have the power to arrest persons, shall not exercise any of the powers or authority of a peace officer, and shall have no law enforcement authority except as specifically provided in said part; to provide for application of certain law enforcement statutes; to provide that while on duty, such members may wear distinctive uniforms and badges of a design to be determined by the local governing author ity; to provide for certain immunity and the standard for immunity from liability or ac countability; to authorize enforcement authority of such members on private and public property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by adding two new Code sections immediately following Code Section 40-6-225, to be designated Code Section 40-6-225.1 and Code Section 40-6-225.2, respectively, to read as follows:
"40-6-225.1. (a) The governing authority of any county or municipality of this state is authorized to establish and provide for a special enforcement unit for the sole purpose of providing adequate enforcement of the provisions of this part. Any such governing authority may establish and provide for recruitment and employment guidelines which encourage and enable employment of qualified disabled persons in such special enforcement units.
(b) Members of a special enforcement unit shall only be authorized to issue citations for violations of this part. Such members shall not be peace officers, shall not have the power to arrest persons, shall not exercise any of the powers or authority of a peace officer, and shall have no law enforcement authority except as specifically provided in this part.
(c) Chapter 6 of Title 35, the 'Georgia Peace Officer Standards and Training Act' shall not apply to members of any special enforcement unit created pursuant to this Code section.
(d) While on duty, such members may wear distinctive uniforms and badges of a design to be determined by the local governing authority.
40-6-225.2. The state, any political subdivision of this state, or any department, officer, board, bureau, or other agency of either the state or any political subdivision thereof shall be liable or accountable for or on account of the appointment, selection, or employment of any member of a special enforcement unit or for or on account of any act or omission on the part of any member of a special enforcement unit in connection with such member's powers and duties under this part only in the same manner and to the same extent as the state or

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133

such political subdivision, department, officer, board, bureau, or agency is liable or account able for acts or omissions of its other employees."
Section 2. Said part is further amended by striking Code Section 40-6-226, relating to the application of certain laws regarding handicapped parking to public and private prop erty, and inserting in lieu thereof of a new Code Section 40-6-226 to read as follows:
"40-6-226. The provisions of this part are applicable to both public and private prop erty; and all law enforcement officers of this state and its political subdivisions and all mem bers of any special enforcement unit created pursuant to Code Section 40-6-225.1 are ex pressly authorized to enforce the provisions of this part on private property as well as on public property."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
RBBrroowunn oofff 44.6_7tthh g nt Burton C o bb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster G;nis Greene
HuHaarrrni.sson Hme Holloway Hudgins Kennedy Kidd Land Langford

McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd
SS,,,tcaorttt of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Garner Horton

Howard Huggins

Peevy (excused) Timmons

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

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

SB 344. By Senator Engram of the 34th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail for criminal offenses, so as to add the offense of aggravated sod omy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not

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entitled to bail if they have previously been convicted of such an offense or are charged with such an offense.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Hudgins Kennedy Kidd Land Langford

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

Those not voting were Senators:

Bond Dawkins Garner

Horton Howard Huggins

Peevy (excused) Timmons

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

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

Serving as doctor of the day today was Dr. David Downing of Rome, Georgia.

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

At 11:20 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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135

Senate Chamber, Atlanta, Georgia Tuesday, January 28, 1986 Seventh Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of 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 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th and Lawler of the 20th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation.
HB 416. By Representative Johnson of the 72nd: A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.
HB 775. By Representative Crosby of the 150th: A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars.
HB 790. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th and Selman of the 32nd: A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for the purpose of offering any goods or services for sale when such use involves an automated system for the selection of dialing of numbers and the playing of a recorded message.
HB 828. By Representative Johnson of the 72nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provi sions regarding death benefits.

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HB 1200. By Representative Hamilton of the 124th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide that a court shall retain jurisdic tion in all custody cases for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child.
HB 1211. By Representatives Bolster of the 30th, Thomas of the 69th, Lawson of the 9th and Alien of the 127th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when surrender or termination of parental rights is not required in adoptions, so as to provide that termination or surrender shall not be required for the adoption of certain children who previously resided in foreign countries.
HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts .of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Geor gia Annotated, as amended.
HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad compa nies, so as to change certain venue provisions relative to actions against railroad or electric companies.
HB 1277. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Pannell of the 122nd and Alien of the 127th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide that any person who is appointed as a state paid assistant district attorney and who has attained an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified.
HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes connected therewith.

TUESDAY, JANUARY 28, 1986

137

The House has agreed to the Senate amendment to the following bill of the House:
HB 1103. By Representatives Colwell and Twiggs of the 4th: A bill to provide for a board of registrations and elections for Fannin County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members.
The House has adopted the following resolutions of the House:
HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th: A resolution urging the Congress of the United States to adopt legislation relat ing to the Social Security Act.
HR 580. By Representatives Crosby of the 150th, Dixon of the 151st, Sizemore of the 136th and Carter of the 146th: A resolution protesting the proposed abandonment of 59.22 miles of railroad be tween Pearson and Sylvester, Georgia, by the Seaboard System Railroad, Inc.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 407. By Senator Kidd of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County so as to change the compensation provisions relating to the chief magis trate and the clerk of the Magistrate Court of Putnam County; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 408. By Senator Hudgins of the 15th: A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemptions for disabled veterans, so as to change the pro visions relating to eligibility for the homestead exemption; to provide for applicability.
Referred to Committee on Defense and Veterans Affairs.
SB 409. By Senators Gillis of the 20th, Timmons of the llth, English of the 21st and others: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the protection of public health, safety, and the environment by establishing an Asbestos Licensing Board; to provide a short title; to provide definitions; to provide a program of licensing persons engaged in asbestos removal.
Referred to Committee on Natural Resources.
SB 410. By Senators Gillis of the 20th, English of the 21st and McGill of the 24th: A bill to amend Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, so as to provide for a resident and nonresident food fish dealer license; to provide for definitions; to provide for the amount of such licenses; to provide that it shall be unlawful to engage in business as a food fish dealer without a license.
Referred to Committee on Natural Resources.

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SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st 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 preservation and promotion of historic areas, gen erally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation; to provide an effective date.
Referred to Committee on Natural Resources.
SB 412. By Senators Gillis of the 20th, Trulock of the 10th, English of the 21st and others:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to authorize the commission to establish and maintain a reforestation incentives program; to provide for findings of the General Assembly; to provide for powers of the com mission in establishing and maintaining the reforestation incentives program.
Referred to Committee on Natural Resources.
SB 413. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
Referred to Committee on Children and Youth.
SB 414. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to renunciation of succession, so as to provide for renunciation by the beneficiary of proceeds of life insurance, the survivor upon the death of a joint tenant, or the successor to other rights or interests passing by contract or opera tion of law at the death of a property owner; to provide for all related matters.
Referred to Committee on Judiciary and Constitutional Law.
SB 415. By Senator Barnes of the 33rd:
A bill to amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue un til certain conditions have been met.
Referred to Committee on Judiciary and Constitutional Law.
SB 416. By Senators Barker of the 18th, Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-1160 of the Official Code of Georgia Anno tated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, so as to provide for notification to the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process; to provide for matters re lated to the foregoing.
Referred to Committee on Education.

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139

SB 417. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize an owner of private property to file a petition with the Department of Public Safety requesting that state and local law enforcement agencies be authorized to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition.
Referred to Committee on Public Safety.
SB 418. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for a program of counseling assistance for state employees; to provide for a declaration of purpose; to define the term "employee assistance"; to provide for program administration and coor dination; to provide for rules and regulations.
Referred to Committee on Governmental Operations.
SB 419. 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 certain provisions relating to population classifications; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the pur poses of the authority; to change the powers of the authority; to change defini tions; to change the composition of the authority's membership; to provide for unsecured loans.
Referred to Committee on Urban and County Affairs (General).
SB 421. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change the conditions under which approval of owners or possessors of private property is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement.
Referred to Committee on Urban and County Affairs (General).
SB 422. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of suc cessors to fill vacancies in such office; to provide an effective date.
Referred to Committee on Urban and County Affairs (General).

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JOURNAL OF THE SENATE

SB 423. By Senators Tate of the 38th, McKenzie of the 14th and Barker of the 18th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Fort Valley State College; to provide for all related matters; to pro vide an effective date.
Referred to Committee on Governmental Operations.
SB 424. By Senators Tate of the 38th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Savannah State College; to provide for all related matters; to provide an effective date.
Referred to Committee on Governmental Operations.
SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Langford of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Children and Youth.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th and Lawler of the 20th:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation.
Referred to Committee on Retirement.
HB 416. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.
Referred to Committee on Retirement.
HB 775. By Representative Crosby of the 150th:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars.
Referred to Committee on Banking and Finance.

TUESDAY, JANUARY 28, 1986

141

HB 790. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th and Selman of the 32nd:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for the purpose of offering any goods or services for sale when such use involves an automated system for the selection of dialing of numbers and the playing of a recorded message. Referred to Committee on Governmental Operations.
HB 828. By Representative Johnson of the 72nd:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provi sions regarding death benefits. Referred to Committee on Retirement.
HB 1200. By Representative Hamilton of the 124th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide that a court shall retain jurisdic tion in all custody cases for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. Referred to Committee on Children and Youth.
HB 1211. By Representatives Bolster of the 30th, Thomas of the 69th, Lawson of the 9th and Alien of the 127th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when surrender or termination of parental rights is not required in adoptions, so as to provide that termination or surrender shall not be required for the adoption of certain children who previously resided in foreign countries. Referred to Committee on Children and Youth.
HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Geor gia Annotated, as amended. Referred to Committee on Judiciary.
HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending Title 47 of the Official Code of Georgia Annotated. Referred to Committee on Judiciary.
HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad compa-

142

JOURNAL OF THE SENATE

nies, so as to change certain venue provisions relative to actions against railroad or electric companies.
Referred to Committee on Judiciary.

HB 1277. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Pannell of the 122nd and Alien of the 127th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide that any person who is appointed as a state paid assistant district attorney and who has attained an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified.
Referred to Committee on Judiciary.

HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes connected therewith.
Referred to Committee on Judiciary.

HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th:
A resolution urging the Congress of the United States to adopt legislation relat ing to the Social Security Act. Referred to Committee on Human Resources.

HR 580. By Representatives Crosby of the 150th, Dixon of the 151st, Sizemore of the 136th and Carter of the 146th:
A resolution protesting the proposed abandonment of 59.22 miles of railroad be tween Pearson and Sylvester, Georgia, by the Seaboard System Railroad, Inc.
Referred to Committee on Public Utilities.

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

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 357. Do pass. SR 290. Do pass as amended.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 370. Do pass by substitute.

SB 311. Do pass.

SB 310. Do pass.

SB 312. Do pass.

TUESDAY, JANUARY 28, 1986

143

Respectfully submitted, Senator Greene of the 26th, District, Chairman

Mr. President:

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

SB 151. Do pass.

SB 362. Do pass.

SB 332. Do pass.

SB 389. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District Chairman.

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 346. Do pass. SR 289. Do pass as amended. SR 322. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 372. Do pass. SB 373. Do pass. HB 1244. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

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

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis

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

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JOURNAL OF THE SENATE

McGill McKenzie
Sips
Reddish

Scott of 2nd Scott of 36th
Starr Stumbaugh Tate

Those not answering were Senators:

Tolleson Trulock
Turner Tysinger Walker

Bryant Langford

Peevy

Timmons

Senator Mine of the 52nd introduced the chaplain of the day, Reverend Joe Tarpley, pastor of First Methodist Church of College Park, College Park, Georgia, who offered scrip ture reading and prayer.

Senator Brantley of the 56th introduced the doctor of the day, Dr. John S. Harvey, of Roswell, Georgia.

The following resolutions of the Senate were read and adopted:

SR 331. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A resolution commending Dr. Louis W. Sullivan.

SR 333. By Senator Perry of the 7th:
A resolution bestowing a title upon Honorable Loyce W. Turner in recognition of his marksmanship abilities.

Senator Bond of the 39th moved that the following bill of the House be withdrawn from the Senate Committee on Consumer Affairs and committed to the Senate Committee on Agriculture:

HB 1171. By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is sus pected of being misbranded; to change the requirements of the misbranding of food.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1171 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Agriculture.

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:

TUESDAY, JANUARY 28, 1986

145

SENATE LOCAL CONSENT CALENDAR
Tuesday, January 28, 1986 SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 372 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Provides for compensation of judge of Juvenile Court; changes compensation of judge; provides an effective date.

SB 373 Harrison, 37th Barnes, 33rd Tolleson, 32nd Brantley, 56th Cobb County
Changes provisions relating to supplement to be paid to each of the judges of superior court of Cobb Judicial Circuit; provides an effective date.

HB 1244 Huggins, 53rd Fincher, 54th Catoosa County
Changes compensation and allowances of the commissioner.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harris Hamson
HolLay Horton Howard
Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips jjav Reddish Scott of 2nd
^cott of 36th ^tarr Stumbaugh
Tate Tolleson Trulock Turner Tysinger

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JOURNAL OF THE SENATE

World Congress Center. STATE APPROPRIATION ..........................................$ 695,000
Section 92. Teachers Retirement System. STATE APPROPRIATION ......................................$ 134,000,000
Section 93. State of Georgia General Obligation Debt Sinking Fund (new). STATE APPROPRIATION .......................................$ 23,515,858
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $23,515,858 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improve ment of county and independent school systems throughout the State of Georgia, including land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $94,000,000 in principal amount of Gen eral Obligation Debt.
Section 94. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986 ...........................................$ 5,091,947,058
Section 95. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 96. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 42, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Broun of 4_6t,h BBrrovwannt of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harris Hffianrerison THIol,,loway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray
Reddish SSccootttt ooff 326ndth 0St. arr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

TUESDAY, JANUARY 28, 1986

149

Not voting was Senator Brannon. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--Senate Bill 4 (LC 10 6390) Judges of the Probate Court Retirement Fund

This Bill would revise the current law relating to retirement benefits for Judges of the Probate Courts. This Bill would increase retirement benefits by 25 percent for any person who is receiving or who becomes eligible to receive benefits on or after July 1, 1986. It would also allow a member to retire who completes four years of creditable service and becomes totally and permanently disabled after commencing service as a Probate Judge. It would allow the member to receive benefits in the amount that he would receive if his retirement were effective at the time he became disabled.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$ 71,500

(3) Current employer contribution rate in effect

$364,000

(4) Is current employer contribution rate in conformance with the mini

mum funding standards required by the Georgia Code

YES

(5) Employer contribution rate recommended by actuary as a result of this

Bill

$ 54,300

(6) Total annual employer contributions necessary to maintain retirement

system in actuarially sound condition

$ 54,300

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JOURNAL OF THE SENATE

According to the actuary for the Probate Judges Retirement Fund there would be no additional annual cost to the employer in the first year as a result of this Bill. The expected level of income to the plan is more than the normal cosi for the proposed plan and the surplus of assets over accrued liability provides a margin of safety to assure the plan with proposed changes will continue to meet the required minimum funding standards as set forth in Public Retirement System Standards Law.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/a/ G.W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Muggins Kidd Land

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

Those not voting were Senators:

Howard Kennedy (presiding)

Scott of 36th

Tolleson

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

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

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

TUESDAY, JANUARY 28, 1986

151

The Senate Committee on Retirement offered the following substitute to SB 50:

A BILL
To be entitled an Act to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time during which they were employed as secretaries of district attorneys prior to becoming members of the retirement system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employ ees' Retirement System of Georgia, is amended by striking Code Section 47-2-264, relating to membership in the retirement system of secretaries of superior court judges and district attorneys, and inserting in its place a new Code section to read as follows:
"47-2-264. (a) Each secretary employed by a judge of the superior court or a district attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Re tirement System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another em ployer shall be entitled to credit for all service rendered while an employee under the retire ment system. All contributions required under this chapter shall be paid from funds appro priated or otherwise available for the operation of the superior courts, and all such payments shall be in addition to the regular compensation provided by law for such secretaries.
(b) Any member who is a secretary of a district attorney and who was employed as a secretary of a district attorney prior to July 1, 1975, may receive creditable service under this chapter for such employment prior to July 1, 1975, as provided in this subsection. In order to obtain creditable service under this subsection, the member shall provide to the board of trustees acceptable evidence of the period prior to July 1, 1975, during which the member was employed as a secretary of a district attorney and shall pay to the board of trustees an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service claimed by the member. No creditable service shall be allowed under this subsection for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any politi cal subdivision of this state."
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

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JOURNAL OF THE SENATE

SUBJECT: Actuarial Investigation--Senate Bill 50S (LC 7 6107S) Employees Retirement System
This Bill would revise the current law regarding membership of certain employees in the Employees' Retirement System. This Bill would allow any member who is a secretary of a district attorney and who was employed as such prior to July 1, 1975 to receive creditable service for such prior employment. It would require the member to provide evidence of employment prior to July 1, 1975 and to pay an amount determined by the board to be sufficient to cover the full actuarial cost of granting the claimed creditable service. No cred itable service would be allowed under the above provisions for any period of employment for which creditable service is allowed under other provisions of ERS retirement law or provi sions covering any other retirement or pension system of this state or political subdivision of this state.
An actuarial investigation for this Bill was requested by the Senate Retirement Com mittee. The investigation was to be conducted pursuant to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. According to the actuary for ERS there would be no employer cost incurred since the member would pay the full actuarial cost. The actuary considers this Bill to be non-fiscal as a result of the 1985 amendment to the Public Retirement System Standards Law modifying the definition of a fiscal bill. Therefore an actuarial investigation is not required for this bill to become law.
It should be noted that any changes in the retirement bill will invalidate the findings included therein.
Is/ G.W. Hogan State Auditor
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen
nBroun of, 4,,6th. BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
Harnson HMoinlleoway
Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish
Scott of 2nd
Stumbaugh,
late Timmons Tolleson Trulock Turner Tysinger Walker

TUESDAY, JANUARY 28, 1986

153

Those not voting were Senators:

Brannon

Kennedy (presiding)

Scott of 36th

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

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

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

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--Senate Bill 109 (LC 10 6471) Superior Court Clerks' Retirement Fund

This Bill would revise the law relating to retirement benefits for clerks of the superior court and their spouses who are receiving or may become eligible for benefits in the future. The Bill would raise the retirement benefits for clerks of the superior court who retire with 20, 16, or 12 years of creditable service. The Bill would also increase benefits for clerks who become totally and permanently disabled and retire after completing 16 years of creditable service. Increases in benefits would also apply to any retirement benefits allowed a surviving spouse of a deceased clerk, each member who retired prior to July 1, 1986, and members who have ceased their service as clerks but have not reached retirement age.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$ 190,792

(3) Current employer contribution rate in effect
(4) Is current employer contribution rate in conformance with the mini mum funding standards required by the Georgia Code

$1,112,700 YES

(5) Employer contribution rate recommended by actuary as a result of

this Bill

$ 388,562

(6) Total annual employer contributions necessary to maintain retirement

system in actuarially sound condition

$ 388,562

According to the actuary for the Superior Court Clerks' Retirement Fund, there would

154

JOURNAL OF THE SENATE

be an additional annual cost of $190,792 to the employer in the first year as a result of this Bill. However, the expected level of income to the plan is more than the normal cost for the proposed plan and the surplus of assets over accrued liability provides a margin of safety to assure the plan with proposed changes will continue to meet the required minimum funding standards as set forth in Public Retirement System Standards Law.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon

Kennedy (presiding)

Scott of 36th

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

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

The President resumed the Chair.

SB 120. By Senator Brown of the 47th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legislative Retirement System, so as to increase the retirement allowance; to provide for an effective date.

TUESDAY, JANUARY 28, 1986

155

The Senate Committee on Retirement offered the following substitute to SB 120:

A BILL
To be entitled an Act to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to provide for an additional employee contribution to the system; to increase the monthly service retirement allowance; to provide that increases in the monthly service retirement allowance shall apply to present beneficiaries as well as to members who retire after the increase becomes effec tive; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding at the end of Code Sec tion 47-6-60, relating to employee contributions to the retirement system, a new subsection (f) to read as follows:
"(f) In addition to the employee contributions required by subsections (a) and (d) of this Code section, effective July 1, 1986, each member shall contribute 1 percent of the member's monthly salary to the system. Such members shall have such additional amount of employee contributions required by this subsection deducted by the legislative fiscal of ficer from their monthly salary along with the other deduction from such salary made by said legislative fiscal officer pursuant to subsections (a) and (d) of this Code section."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section 47-6-80, relating to the retirement allowance and application therefor, in its entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Upon such retirement under subsection (a) of this Code section, the retired mem ber shall receive a monthly service retirement allowance which shall be equal to $20.00 mul tiplied by the number of years of the member's creditable service.
(e) Any increase in the monthly service retirement allowance which becomes effective on July 1, 1986, or at any time after that date as a result of a change in the benefit formula provided for by subsection (d) of this Code section shall be applicable to retired former members who are beneficiaries of the system at the time the increase becomes effective as well as to members who retire after the increase becomes effective."
Section 3. This Act shall become effective July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--Senate Bill 120S (LC 7 6101S) Legislative Retirement System

This Bill would, effective July 1, 1986, require members to pay an additional 1% of their monthly salary to the system as employee contributions. The Bill would also increase

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the monthly service allowance to $20 multiplied by the number of years of creditable ser vice. This increase or any increase resulting from a change in the benefit formula would be applicable to retired former members who are beneficiaries at the time the increase becomes effective as well as to members who retire after the increase becomes effective.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$526,786

(2) Increase in annual normal cost

$ 24,418

(3) Current employer contribution rate in effect (per active member)

$ 242.14

(4) Is current employer contribution rate in conformance with the mini

mum funding standards required by the Georgia Code

YES

(5) Employer contribution rate recommended by actuary as a result of this

Bill (per active member)

$ 527.09

(6) Total annual employer contributions necessary to maintain retirement

system in actuarially sound condition

$115,960

According to the actuary for LRS the additional annual cost to the employer would be $284.95 per active member or $62,689 in the first year as a result of this Bill.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

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

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

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

Those voting in the affirmative were Senators:

Allgood
Bond Bowen Broun of 46th Brown of 47th

Gillis
Harris Hine Holloway Horton

p"Tunt Coleman Dean English Engrain Fincher

Hudgins Hu^ins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Ray Reddish
Scott of 2nd Scott of 36th Tate Timmons Turner Walker

Those voting in the negative were Senators:

Albert Baldwin Barker

Barnes Brantley Burton

Coverdell Dawkins Deal

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157

Foster Garner Greene Harrison

Land Phillips Starr Stumbaugh

Tolleson Trulock Tysinger

Not voting were Senators Brannon & Howard.

On the passage of the bill, the yeas were 34, nays 20.

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

SB 261. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Campaign and Financial Disclosure Act," so as to provide that campaign contributions and proceeds of investment of such contributions can only be used for certain purposes or transferred to certain organizations.

The Senate Committee on Governmental Operations offered the following substitute to SB 261:

A BILL
To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Campaign and Financial Disclosure Act," so as to provide that campaign contributions and proceeds of investment of such contributions can only be used for certain purposes or transferred to certain organizations; to change certain procedures and notice requirements with respect to investigations by the State Campaign and Financial Disclosure Commission; to authorize the commission to investigate complaints of illegal use of state employees in political campaigns; to provide jurisdiction and procedures in connec tion with civil penalties assessed by the commission; to provide for certain limited review of actions of the commission by the superior court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Campaign and Financial Disclosure Act," is amended by adding between Code Section 215-10.1 and 21-5-11 a new Code Section 21-5-10.2 to read as follows:
"21-5-10.2. Amounts received by a candidate as contributions and proceeds from invest ments that are in excess of any amount necessary to defray his or her expenditures incurred in connection with a campaign and any other amount contributed to an individual for the purpose of supporting his or her activities as a holder of any office which is subject to this chapter may only be used as follows:
(1) To defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of an office which is subject to this chapter;
(2) As contributions to any charitable organization described in Section 170(c) of Title 26 of the United States Code; or
(3) For transferral without limitation to any national, state, or local committee of any political party.
No such amounts may be converted by any person to any personal use other than to defray any ordinary and necessary expenses incurred in connection with his or her duties as a holder of any office subject to this chapter, as enumerated in Code Section 21-5-2."
Section 2. Said chapter is further amended by striking in its entirety paragraph (10) of subsection (f) of Code Section 21-5-11, relating to the creation of the State Campaign and

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Financial Disclosure Commission, and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) (A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-12, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath, to the best information, knowl edge, and belief by the person making same; and, if there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission de termines that there are such reasonable grounds, it shall give notice by summoning the per sons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' The complainant shall be given an acknowledgment and status report within ten days of registering said complaint and shall be given an estimate of the time required to complete said investigation. The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(B) In any such preliminary investigation referenced in subparagraph (A) of this para graph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act';".
Section 3. Said chapter is further amended by striking in their entirety paragraphs (15) and (16) of subsection (f) of Code Section 21-5-11, relating to the creation of the State Campaign and Financial Disclosure Commission, and inserting in lieu thereof new paragraphs (15), (16), and (17) to read as follows:
"(15) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing;
(16) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individu als employed and the funds disbursed, and to make such further report on the matters within its jurisdiction as may appear desirable; and
(17) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate."
Section 4. Said chapter is further amended by adding at the end of Code Section 21-511.1, relating to penalties under the "Campaign and Financial Disclosure Act," a new sub section (d) to read as follows:
"(d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulations duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from commission of further violations shall be brought in the superior court of the county in which the commission held such hearing or met to issue such order. Process shall lie to any jurisdiction within the state. In such actions the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' Upon satisfaction that notice was given and hearing was held pursu ant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chap ter and it shall not be necessary for the superior court to make independent inquiry as to whether the violations have occurred."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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159

Senator Kidd of the 25th moved that SB 261 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 261 was commit ted to the Senate Committee on Governmental Operations.

SB 295. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in elections generally and in municipal elections no provision shall be made on ballots, voting machines, or vote recorders for vot ing a straight party or body ticket; to change the provisions relating to methods of casting ballots in elections generally and in municipal elections.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators Bond and Walker.

Those not voting were Senators:

Brannon

Timmons

Tolleson

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

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

SB 296. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or ser vice in public office; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office.

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

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Bowen Brannon Coverdell

Dawkins Fincher Starr

Timmons Trulock

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

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

SB 297. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-170 of the Official Code of Georgia Annotated, relating to nomination of candidates by petition, form of petition, and number of signatures required, so as to change the provisions relating to signature require ments for nomination of independent candidates; to provide an effective date.

Senator Kidd of the 25th moved that SB 297 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 297 was commit ted to the Senate Committee on Governmental Operations.

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

At 11:55 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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161

Senate Chamber, Atlanta, Georgia Wednesday, January 29, 1986 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
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 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to au thorize certain hearsay statements made by certain children regarding sexual contact or physical abuse.
HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of certain disabled veter ans and their families.
HB 595. By Representative Logan of the 67th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment.
HB 648. By Representative Chambless of the 133rd: A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to bond by depositories, so as to authorize collecting officers and officers holding public funds to accept the guarantee or insurance of accounts of the Na tional Credit Union Share Insurance Fund or the Georgia Credit Union Deposit Insurance Corporation.
HB 1127. By Representative Burruss of the 20th: A bill to amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to change the name, the composition, the purpose, and the duties of the council; to provide that the funds for the council and staff shall be a part of the budget of the House of Representatives.

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HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-10-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd:
A bill to amend Code Section 43-27-12 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but provide for the later ter mination of that board and the repeal of the laws relating thereto.
HB 1205. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to allowances and benefits under the Employees' Retirement System of Georgia, so as to provide for a maximum retirement allowance for all classifications of new members of the retirement system.
HB 1209. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and other benefits under the Teach ers Retirement System of Georgia, so as to provide for a maximum retirement allowance for new members for all purposes under the retirement system.
HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-7-27 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Barbers, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1286. By Representatives Walker of the 115th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, Richardson of the 52nd and others:
A bill to amend Code Section 21-5-5.1 of the Official Code of Georgia Annotated, relating to the disclosure of financial interests by candidates for certain public offices, so as to provide that the requirement to file a disclosure of financial inter ests report shall apply to every candidate who qualifies for nomination or elec tion as a member of the General Assembly of Georgia.
HB 1328. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff.

WEDNESDAY, JANUARY 29, 1986

163

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 425. By Senator Foster of the 50th:
A bill to amend an Act revising the charter and reincorporating the City of Hiawassee in the County of Towns, as amended, so as to change the provisions relating to the corporate limits of said city. Referred to Committee on Urban and County Affairs.
SB 426. By Senators Brantley of the 56th, Albert of the 23rd, Tolleson of the 32nd and others:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for a special investigative grand jury with statewide jurisdiction; to provide for the subject matter jurisdic tion of such special investigative grand jury; to provide for all procedures, re quirements, and other matters relative to the foregoing. Referred to Committee on Judiciary.
SB 427. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Annotated, relating to per diem allowances and expenses of members of the State Board of Education, so as to remove the limitation on days per annum for which expenses and allowances may be paid. Referred to Committee on Education.
SB 428. By Senator Dean of the 31st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to redesignate the Georgia Council for the Arts and Hu manities as the Georgia Council for the Arts; to delete certain references to the humanities; to provide for related matters. Referred to Committee on Governmental Operations.
SB 429. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with officials from other states for the purpose of facilitating implementation and administration of fed eral grant programs administered by the State of Georgia; to provide an effective date. Referred to Committee on Interstate Cooperation.
SB 430. By Senator Barnes of the 33rd:
A bill to provide for the right of jury trials and for appellate practice in probate courts of counties having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that appeals from certain probate courts shall lie to the Supreme Court or Court of Appeals instead of the superior court. Referred to Committee on Judiciary and Constitutional Law.
SB 431. By Senators Engram of the 34th, Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts and limitations on the time price

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differential under "The Retail Installment and Home Solicitation Sales Act," so as to change the time price differential on revolving accounts.
Referred to Committee on Consumer Affairs.
SB 432. By Senators Engram of the 34th, Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 7-5-4 of the Official Code of Georgia Annotated, relating to the loan finance charge under "The Lender Credit Card Act," so as to change the loan finance charge.
Referred to Committee on Banking and Finance.
SB 433. By Senator Horton of the 17th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground member ships and marine memberships, the failure by the seller to complete the cancella tion form, or the failure to honor cancellations. Referred to Committee on Industry and Labor.
SB 434. By Senators Dawkins of the 45th, Starr of the 44th, Holloway of the 12th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, so as to include in the definition of costs attorney's fees and related expenses in certain cases; to provide for when such costs may be demanded; to provide discretion in the court to award attor ney's fees and related expenses; to provide for all procedural matters and other matters related to the foregoing. Referred to Committee on Judiciary and Constitutional Law.
SB 435. By Senators Garner of the 30th, Howard of the 42nd, Barnes of the 33rd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and ex penditures, so as to provide for the lawful uses of certain campaign contributions and expenditures; to make it unlawful to use certain campaign contributions and expenditures except as expressly provided. Referred to Committee on Governmental Operations.
SB 436. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to permit war dens and superintendents to deputize persons in their employ; to permit the commissioner of corrections to confer police officers' power to necessary people in his employment; to provide an effective date. Referred to Committee on Corrections.
SB 437. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and

WEDNESDAY, JANUARY 29, 1986

165

attendance at authorized committee meetings out of the state; to provide an ef fective date. Referred to Committee on Corrections.
SR 332. By Senators Kennedy of the 4th, Gillis of the 20th, Holloway of the 12th and others:
A resolution commending certain members of the Georgia Congressional Delega tion for their support of the Firearms Owners Protection Act. Referred to Committee on Natural Resources.
SR 334. By Senators Bond of the 39th, Scott of the 2nd, Trulock of the 10th and others: A resolution creating the Governor's Commission on Black on Black Crime.
Referred to Committee on Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to au thorize certain hearsay statements made by certain children regarding sexual contact or physical abuse.
Referred to Committee on Children and Youth.
HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of certain disabled veter ans and their families.
Referred to Committee on Banking and Finance.
HB 595. By Representative Logan of the 67th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment.
Referred to Committee on Banking and Finance.
HB 648. By Representative Chambless of the 133rd: A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to bond by depositories, so as to authorize collecting officers and officers holding public funds to accept the guarantee or insurance of accounts of the Na tional Credit Union Share Insurance Fund or the Georgia Credit Union Deposit Insurance Corporation.
Referred to Committee on Banking and Finance.
HB 1127. By Representative Burruss of the 20th: A bill to amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to change the name, the composition, the purpose, and the duties of the council; to provide

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that the funds for the council and staff shall be a part of the budget of the House of Representatives. Referred to Committee on Governmental Operations.
HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-10-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to Committee on Governmental Operations.
HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to Committee on Human Resources.
HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd: A bill to amend Code Section 43-27-12 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but provide for the later ter mination of that board and the repeal of the laws relating thereto.
Referred to Committee on Human Resources.
HB 1205. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to allowances and benefits under the Employees' Retirement System of Georgia, so as to provide for a maximum retirement allowance for all classifications of new members of the retirement system. Referred to Committee on Retirement.
HB 1209. By Representatives Lawler of the 20th, Johnson of the 72nd, Parrish of the 109th and Clark of the 13th: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and other benefits under the Teach ers Retirement System of Georgia, so as to provide for a maximum retirement allowance for new members for all purposes under the retirement system.
Referred to Committee on Retirement.
HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-7-27 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Barbers, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto. Referred to Committee on Governmental Operations.
HB 1286. By Representatives Walker of the 115th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, Richardson of the 52nd and others:
A bill to amend Code Section 21-5-5.1 of the Official Code of Georgia Annotated, relating to the disclosure of financial interests by candidates for certain public

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167

offices, so as to provide that the requirement to file a disclosure of financial inter ests report shall apply to every candidate who qualifies for nomination or elec tion as a member of the General Assembly of Georgia. Referred to Committee on Governmental Operations.
HB 1328. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs; to provide for an additional deputy sheriff.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1171. Do pass. HB 1172. Do pass. HB 1217. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Banking and Finance 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 330. Do pass. SR 285. Do pass.
Respectfully submitted, Senator Hudgins of the 15th 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 387. Do pass as amended. SB 302. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 319. Do pass by substitute.

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SB 334. Do pass as amended. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 374. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

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

SB 329. Do pass.

SB 347. Do pass.

SB 315. Do pass.

SB 356. Do pass. Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Retirement 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 174. Do pass by substitute. SB 206. Do pass. SB 223. Do pass by substitute. SB 342. Do pass.

HB 338. HB 345. HB 355.

Do pass. Do pass as amended. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

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

SB 386. HB 1113. HB 1167. HB 1252.

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

HB 1289. HB 1290. HB 1298. HB 1299.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

WEDNESDAY, JANUARY 29, 1986

169

The following bills and resolutions of the Senate were read the second time:
SB 151. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to per sons under the age of 21.
SB 310. By Senator Barnes of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is attested by a notary public; to provide for all related matters; to provide for an effective date and for applicability.
SB 311. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-239 of the Official Code of Georgia Annotated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceeding $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent; to provide for all related matters.
SB 312. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to powers of the Supreme Court of Georgia, so as to provide that the court, in regulating the admission of attorneys to the practice of law, shall re quire each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants.
SB 332. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide that any person attending a car race, concert, sporting event, or similar public event who intentionally throws, kicks, or otherwise propels any hard object or other mate rial shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both.
SB 346. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished; to provide an effective date.
SB 357. By Senators Timmons of the llth and Trulock of the 10th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other mat ters relative thereto.

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SB 362. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or op poses any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony.

SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to authorize certain changes in the qualifications of such office by local law; to provide an effective date.

SB 389. By Senators Broun of the 46th and Cobb of the 28th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving with a suspended or revoked driver's license, so as to make it unlawful to drive a motor vehicle with a suspended or revoked driver's license anywhere in this state in addition to prohibiting such on the public highways; to provide a penalty.

SR 289. By Senator Hine of the 52nd:
A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia; to provide an effective date.

SR 290. By Senators Foster of the 50th, Deal of the 49th, Dean of the 31st and others: A resolution creating the "No Pass, No Play" Study Committee.

SR 322. By Senator English of the 21st:
A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners so as to provide that the State of Georgia, acting by and through the Governor, shall convey certain real property in Emanuel County under certain conditions.

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

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

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

Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry Phillips
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh

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171

Tate Timmons

Tolleson Trulock

Tysinger Walker

Those not answering were Senators:

Coverdell Greene

Howard Langford

Turner

Lieutenant Governor Miller introduced the chaplain of the day, Dr. Cecil Myers, of Hartwell, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 335. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A resolution expressing regret at the passing of Chuck Berrier.

SR 336. By Senators Coverdell of the 40th, Tolleson of the 32nd, Land of the 16th and others:
A resolution honoring and remembering the lives, mission and contribution of the Challenger astronauts.

SR 337. By Senators Bowen of the 13th and Perry of the 7th:
A resolution recognizing "Law Enforcement Officer Appreciation Day" in Georgia on February 10, 1986.

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

SENATE LOCAL CONSENT CALENDAR
Wednesday, January 29, 1986 EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 386 Tolleson, 32nd City of Smyrna Cobb County
Amends Act creating new charter; increases the salaries of mayor and council members.

HB 1113 Barker, 18th Greene, 26th Harris, 27th Bibb County
Authorizes board of commissioners to fix compensation and provides for re imbursement of expenses of elected members of Board of Public Education and Orphanage.

HB 1167 Brown, 47th Elbert County
Reconstitutes and re-creates Board of Education as successor to Board of Education established by local constitutional amendment and provides for election of that board.

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HB 1252 Perry, 7th City of Tifton Tift County
Changes date for holding certain municipal elections.

HB 1289 Baldwin, 29th Meriwether County
Continues amendment which relates to Board of Education and School Su perintendent.

HB 1290 Baldwin, 29th Meriwether County
Continues amendment which relates to Meriwether County Development Au thority and its powers and operation.

HB 1298 Horton, 17th Butts County
Authorizes Board of Commissioners to levy, assess, and collect license fees upon certain business activities conducted within said county.

HB 1299 Horton, 17th Butts County
Continues amendment creating Butts County Industrial Development Au thority and provides for its powers, authority, funds, purposes and proce dures.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Coverdell Greene

Harrison Peevy

Walker

WEDNESDAY, JANUARY 29, 1986

173

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
Senator Kidd of the 25th introduced the doctor of the day, Dr. James Baugh, of Milledgeville, Georgia.
SENATE CALENDAR
Wednesday, January 29, 1986
EIGHTH LEGISLATIVE DAY
SB 303 Bingo Games--amount paid for assisting in conduct of (SUBSTITUTE) (Gov Op--25th)
SB 305 Conflict of Interest--officers, engage in political activity, certain conditions (Gov Op--25th)
SB 337 Ports Authority--may sell, lease, mortgage or convey land without Governor's approval (Trans--1st)
SB 338 Ports Authority--change provisions on venue (Trans--1st) SB 354 Board of Landscape Architects--continue and change termination date (Gov
Op--33rd) SB 360 Sale of Onions--regulate (AMENDMENTS) (Ag--20th) SB 364 Wine, Malt Beverage Sale--prohibit within 100 yards of church (SUBSTITUTE)
(AMENDMENT) (C Aff--9th) SB 376 Alcohol Consumption During Pregnancy--post warning signs (SUBSTITUTE)
(C Aff--33rd) SR 283 Federal Appropriations--urge President to reduce items and approve others
(Gov Op--40th) SR 292 R. E. Chambers Memorial Bridge--designate (Trans--54th) SR 294 Proposed Closing of Railroad Between Lynn and Cuthbert--relative to
(Trans--llth) HB 453 Counties Governed by Single County Commissioner--commissioners' salaries
(SUBSTITUTE) (Gov Op--25th) SB 152 Mentally Retarded Habilitation--change provisions on discharge (SUBSTI
TUTE) (Hum R--25th)
The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:
SB 303. By Senator Kidd of the 25th: A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the con duct of bingo games; to provide an effective date.
Senators Hine of the 52nd and Kidd of the 25th offered the following substitute to SB 303:
A BILL
To be entitled an Act to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as

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to change the amount which may be paid to individuals for assisting in the conduct of bingo games; to provide that a person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organiza tions of which such person is a member; to restrict the amount of money a person may receive for assisting in the conduct of bingo games of more than one organization; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, is amended by striking sub section (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (i) to read as follows:
"(i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

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

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

WEDNESDAY, JANUARY 29, 1986

175

Voting in the negative was Senator Burton.

Those not voting were Senators:

Coverdell Engram

Fincher

Trulock

On the passage of the bill, the yeas were 51, nays 1.

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

SB 305. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions.
Senator Howard of the 42nd offered the following amendment-

Amend SB 305 by adding on line 26 after the word "nature"
the following:
"Provided, however, that no state officer or employee shall participate in any political activity of any nature on behalf of or in opposition to any state officer who is in a supervi sory relationship to such officer or employee."

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

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal Dean

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

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

Those voting in the negative were Senators:

Albert Brantley Burton

Greene Harrison Land

Phillips Tolleson Tysinger

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JOURNAL OP THE SENATE

Not voting were Senators Coverdell and Trulock. On the passage of the bill, the yeas were 45, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:

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

HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided.
The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage:

SB 337. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 52-2-11 of the Official Code of Georgia Annotated, relating to the power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to sell or dispose of property, so as to repeal the provisions which require the prior written approval of the Governor, the state auditor, and the Attorney General before the authority may sell, lease, mortgage, or convey any land as security for a loan.

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

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

Those voting in the affirmative were Senators:

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

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

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

WEDNESDAY, JANUARY 29, 1986

177

Not voting were Senators Coverdell and McKenzie.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Ports Authority Act," so as to change the provisions relat ing to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County; to provide for applicability; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond Bwen BBrraanntflery Broun of 46th Brown of 47th
Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis reene 2Hianrens Holloway Horton
Howard Hudgins Huggins Kennedy Kidd Land Langford

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

Those not voting were Senators:

Coverdell

Harrison

McKenzie

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

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

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

HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1140.

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On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1140.

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

SB 354. By Senators Barnes of the 33rd, Bond of the 39th, Scott of the 36th and others:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Land and Stumbaugh.

Those not voting were Senators:

Coverdell

Kidd

Timmons

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

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

SB 360. By Senators Gillis of the 20th, Kennedy of the 4th and McGill of the 24th:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions; to provide for a short title; to provide for definitions; to provide that only certain onions may be identified, classified, packaged, labeled, or otherwise designated for sale as Vidalia onions.

WEDNESDAY, JANUARY 29, 1986

179

The Senate Committee on Agriculture offered the following amendment:
Amend SB 360 by adding following the word "Georgia" on line 10 of Page 2 the following:
"or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133".
The Senate Committee on Agriculture offered the following amendment:
Amend SB 360 by adding following the word "regulations" on line 10 of Page 1 the following:
"; to provide for variances from production area requirements and the practices and procedures connected therewith".
By adding following the sentence ending on line 3 of Page 3 the following:
"Pursuant to such rules, regulations, and conditions as may be prescribed by the Com missioner, the Commissioner is authorized to grant variances in the production area require ments of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to the effective date of this article."
Senator Gillis of the 20th moved that SB 360 be committed to the Senate Committee on Agriculture.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 360 was commit ted to the Senate Committee on Agriculture.
SB 364. By Senator Phillips of the 9th: A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building; to provide exceptions.
The Senate Committee on Consumer Affairs offered the following amendment:
Amend SB 364 by adding in the title on line 6 of Page 1, immediately following the first "semicolon" and preceding the words "to repeal", the following:
"to change the provisions relating to how distances shall be measured;".
By renumbering Section 2 on Page 2 as Section 3 and adding a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by striking subsection (c) in its en tirety and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) For purposes of this Code section, distances shall be measured from the building in which alcoholic beverages are to be sold at retail, beginning at the corner of such building nearest the school, educational building, school grounds, or college campus and traveling on the ground in a straight line to the nearest corner of the school or educational building or to the nearest point of the property line of the school grounds or college campus, whichever is applicable.' "
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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Senator Phillips of the 9th offered the following substitute to SB 364:
A BILL
To be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, so as to prohibit the sale of wine or malt beverages within 100 yards of any church building; to provide exceptions; to change the provisions relating to how distances shall be measured; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages near churches, school buildings, and other facilities, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) No person knowingly and intentionally may sell or offer to sell:
(A) Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus;
(B) Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subpara graph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application;
(C) Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treat ment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981;
(D) Any wine or malt beverages within 100 yards of any church building. This subpara graph shall not apply at any location for which a license has been issued prior to July 1, 1986, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and malt beverages was lawful at such location at any time during the 12 months immediately preceding such application."
Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) For purposes of this Code section, distances shall be measured from the building in which alcoholic beverages are to be sold at retail beginning at the corner of such building nearest the school, church building, educational building, alcoholic treatment center, school grounds, or college campus and traveling on the ground in a straight line to the nearest corner of the school, church building, educational building, or alcoholic treatment center or to the nearest point of the property line of the school grounds or college campus, whichever is applicable. This subsection shall not apply at any location for which a license has been issued prior to July 1, 1986, nor to the renewal of such license; nor shall this subsection apply at any location for which a new license is applied for if the sale of distilled spirits or wine and malt beverages was lawful at such location at any time during the 12 months immediately preceding such application."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

WEDNESDAY, JANUARY 29, 1986

181

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen
rann, .on Brantley BBrroowunn ooff 4467tthh Bryant Burton Cobb Coleman Dawkins Deal Dean English

Engrain Fincher Foster Garner Gillis Greene Harris
Harrison H; THTol,,loway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish
Scott of 2nd & f g fa S,,.tarr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Not voting was Senator Coverdell.

On the passage of the bill, the yeas were 55, nays 0.

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

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

SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that con sumption of alcohol during pregnancy is dangerous; to provide for rules and regu lations; to provide for fees; to provide for all matters relative to the foregoing.

Senator Barnes of the 33rd offered the following substitute to SB 376:

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 provide for the posting of signs warning that con sumption of alcohol during pregnancy is dangerous; to provide for rules and regulations; to provide for fees; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by adding at the end of Chapter 1 of said title, relating to general provi sions, a new Code Section 3-1-5 to read as follows:
"3-1-5. (a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'

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(b) The department shall make such warning signs available to such retailers of alco holic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
(c) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond Bwen Brannon
Brantley BBrroowunn ooff 4467tthh Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis Greene Harris
Harrison
ine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry
Phillips Ray Reddish
Scott of 2nd S0cott of. 36th, Starr Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Kennedy (presiding)

Stumbaugh

Timmons

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
HB 615. By Representative Lane of the 27th: A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physi cians to distribute informational booklets on breast cancer to patients suspected of having breast cancer.

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183

The Conference Committee report on HB 615 was as follows:
The Committee of Conference on HB 615 recommends that the Senate recede from its position and that HB 615 as passed by the House be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Beverly Engram Senator, 34th District
/s/ W. W. Fincher, Jr. Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Dick Lane Representative, 27th District

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 615.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond Bwen BBrraannttnl,oeyn Broun of 46th Brown of 47th
Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis 2reene HSaarrrri!sson Hollo way Horton
Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips j^ay
Reddish Scott of 2nd S,, cott of 36th o .. Stumbaugh
T?te Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell

Hine

Kennedy (presiding)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 615.
The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:
SR 283. By Senators Coverdell of the 40th, Brantley of the 56th, Phillips of the 9th and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution authorizing the President of the United States to re-

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duce or eliminate one or more items of appropriation while approving other por tions of a bill.

Senator Phillips of the 9th moved that SR 283 be postponed until Thursday, January 30.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 283 was post poned until Thursday, January 30.

Senator Gillis of the 20th assumed the Chair.

SR 292. By Senator Fincher of the 54th: A resolution designating the R. E. Chambers Memorial Bridge.

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

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

Those voting in the affirmative were Senators:

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

English Fincher Foster Garner Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Allgood Bond Coverdell

Engram Gillis (presiding) Holloway

Kennedy Starr

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

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

SR 294. By Senators Timmons of the llth and Trulock of the 10th:
A resolution relative to the proposed closing of the railroad between Lynn and Cuthbert, Georgia.

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

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

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185

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond
i? owen Brantie"
Broun'o^Gth Brown of 47th gryant Burton Cobb Coleman Dawkins Deal

Dean Foster Garner Greene Harris
Harrison Hine
" orto " Howard Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott f 36th
Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Coverdell English Engram

Fincher Gillis (presiding) Holloway

Kennedy Scott of 2nd Starr

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

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

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

HB 453. By Representative Coleman of the 118th:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following substitute to HB 453:

A BILL
To be entitled an Act to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county com missioner; to provide exceptions; to provide for application with respect to any expense al lowance or automobile allowance received by a county commissioner in addition to his sal ary; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding at the end of Article 2 a new Code Section 36-5-25 to read as follows:
"36-5-25. (a) Except as otherwise provided in Code Section 36-5-23 and Code Section 36-5-24, in every county of this state in which the county government is administered by a

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single county commissioner, such county commissioner shall be entitled to receive a mini mum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section 15-16-20; provided, however, that a local law may provide for a greater annual salary than such mini mum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law.
(b) The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for any such county commissioner pursuant to local law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean English Fincher Foster Garner Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kidd Land Langford

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

Those not voting were Senators:

Allgood Coverdell Engram

Gillis (presiding) Holloway Kennedy

Reddish Starr

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

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

The President resumed the Chair.

The following general bill of the Senate, having been lost on February 18, 1985, recon-

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187

sidered on February 19, 1985, postponed on January 13, 1986, until January 16, and post poned on January 16 until January 28, was put upon its passage:
SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provi sions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded persons; to provide for emergency receiving facilities.
Senator Kidd of the 25th offered the following substitute to SB 152:
A BILL
To be entitled an Act to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the mentally retarded, so as to change definitions; to provide for examining, taking into custody, transporting, and admitting to facilities cer tain mentally retarded persons requiring temporary and immediate care; to provide for re ports and records; to provide for examination, treatment, care, and continued admission of certain mentally retarded persons in certain facilities and provide for their discharge there from; to provide for notices, petitions, counsel, and hearings; to provide for rights of certain persons; to provide for evaluations and program plans; to authorize court actions and orders as a result of certain hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the mentally retarded, is amended by adding following paragraph (13) of Code Section 37-4-2, relating to definitions, a new paragraph to read as follows:
"(13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and:
(A) Who presents a substantial risk of imminent harm to himself or others;
(B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and
(C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person."
Section 2. Said chapter is further amended by adding immediately following Code Sec tion 37-4-40 the following new Code sections:
"37-4-40.1. (a) Any physician or applied psychologist licensed in this state may execute a certificate stating that such physician or psychologist has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the person appears to be a mentally retarded person requiring temporary and immediate care. The certificate shall expire seven days after it is executed.
(b) Upon receiving a certificate under subsection (a) of this Code section, any responsi ble family member or representative of the client named in the certificate may transport that client to the nearest facility, as defined in Code Section 37-4-2, serving the county in which the client is found. If such responsible family member or representative is unable to transport the client safely to a facility or is unwilling to transport the client to a facility, any peace officer within 72 hours after receiving that certificate shall make diligent efforts to take into custody the client named in the certificate and deliver the client to the nearest facility serving the county in which the client is found. Any peace officer who delivers a person to a facility under this Code section shall complete a written report detailing the circumstances under which the client was taken into custody. The report of a peace officer and the certificate issued under subsection (a) of this Code section shall be made a part of the client's clinical record.

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37-4-40.2. (a) A client taken to a facility pursuant to Code Section 37-4-40.1 shall be received there for examination by a physician as soon thereafter as possible and may be given such emergency care and treatment as indicated. The client must be discharged from that facility within 48 hours, Saturdays, Sundays, and holidays excluded, after being re ceived into the physical custody of that facility unless the superintendent of that facility, or that superintendent's designee, admits the client to the facility and files a petition for a full and fair hearing with the court of the county in which the facility is located stating that the client has been personally examined by a physician in conjunction with other interdiscipli nary staff designated by the superintendent at the facility and found to be a mentally re tarded person requiring temporary and immediate care, which finding shall be entered on a certificate accompanying the petition.
(b) Notice of any proposed discharge under subsection (a) of this Code section shall be given to the client and the client's representatives and to any physician or applied psycholo gist who executed a certificate under Code Section 37-4-40.1 authorizing the transportation of the client to the facility.
37-4-40.3. (a) Immediately upon admission of a client to a facility under Code Section 37-40-40.2, the facility shall give the client written notice:
(1) Of the client's and the client's representatives' right to petition for a writ of habeas corpus or for a protective order under Code Section 37-4-108; and
(2) That the client has a right to legal counsel and that, if the client is unable to afford counsel, the court will appoint counsel.
(b) A copy of the notice provided under subsection (a) of this Code section shall be sent to the client's representatives within 24 hours following the client's admission to a facility under Code Section 37-4-40.2.
37-4-40.4. (a) Filing of a petition under paragraph (1) of subsection (a) of Code Section 37-4-40.2 shall authorize continued admission of the client named in the petition pending completion of a full and fair hearing under Code Section 37-4-40.5.
(b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code section, the staff of the facility in which the client is admitted and the representatives of the appro priate community mental retardation program operated by the county board of health in the client's community shall:
(1) Conduct a comprehensive evaluation of the client;
(2) Jointly develop an individualized program plan for the client; and
(3) File a copy of the evaluation and plan with the court petitioned for a hearing under paragraph (1) of subsection (a) of Code Section 37-4-40.2.
37-4-40.5. (a) Within 20 days after a petition for hearing is filed under paragraph (1) of subsection (a) of Code Section 37-4-40.2, the court shall hold the petitioned for hearing.
(b) At least seven days prior to the hearing required under subsection (a) of this Code section, the court shall have served on the client, the client's representatives, and the peti tioner for the hearing a notice of the date, time, and place of the hearing, which notice to the client and the client's representatives shall also include:
(1) A copy of the petition;
(2) A notice that the client has a right to counsel and that the client or the client's representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that the client will have retained counsel by the time set for hearing or waives the client's right to counsel; and
(3) A copy of the evaluation report and the individualized program plan developed under subsection (b) of Code Section 37-4-40.4.

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189

(c) The full and fair hearing required by this Code section shall be held as provided in subsections (f) and (g) of Code Section 37-4-42, and the court may take any action therein authorized subject to the conditions and limitations specified therein and may discharge the client from the facility to which the client was admitted.
(d) Persons shall have those rights required to be specified therefor in notices pursuant to this Code section and Code Section 37-4-40.3."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Coverdell Dawkins

Fincher

Scott of 2nd

On the passage of the bill, the yeas were 51, nays 1.

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

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

At 12:02 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 30, 1986 Ninth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the' 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 136. By Representatives Brooks of the 34th and Wilson of the 20th: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to re peal certain provisions relating to the establishment of pilot community work experience programs.
HB 1146. By Representative Johnson of the 72nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court rea sonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position.
HB 1149. By Representative Richardson of the 52nd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property.
HB 1153. By Representative Richardson of the 52nd: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the suspension or revoca tion of certain permits to distribute dangerous drugs and provide for the disposi tion of dangerous drugs following that suspension or revocation.
HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as

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191

to regulate the use of automatic dialing and recorded message players for certain purposes.
HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for emergency pow ers to enable the Department of Human Resources to order the emergency relo cation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility.
HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center.
HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to repeal the defini tion of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners.
HB 1333. By Representatives Porter of the 119th, Coleman of the 118th and Smith of the 78th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trials and appeals in magistrate courts, so as to provide that no appeal shall lie from a default judgment; to provide for reopening certain default judgments.
HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to pro vide for reimbursement by counties of expenses of training.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 515. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the re peal of the resolution.
HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others:
A resolution relating to the acceptance of the offer of the lessee, Seaboard Sys tem Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968.

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The House insists on its position in disagreeing to the Senate substitute to the following bill of the House, and has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Burruss of the 20th and Phillips of the 120th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 438. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel; to provide for matters relative thereto. Referred to Committee on Education.
SB 439. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to the requirement of proof of motor vehicle insurance, so as to provide that & failure to keep proof of insurance in a motor vehicle shall result in a charge of operating a vehicle without insurance; to provide that such charge shall be reduced to failure to keep proof of insurance in a vehicle if adequate proof of insurance is presented to the court. Referred to Committee on Insurance.
SB 440. By Senators Stumbaugh of the 55th and Foster of the 50th:
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 revise provisions relating to liability insurance and indemnification for state and local governmental bodies and their officers, officials, and employees; to provide for the methods, including but not limited to self-insurance and risk pooling. Referred to Committee on Insurance.
SB 441. By Senators Stumbaugh of the 55th and Foster of the 50th:
A bill to amend Code Sections 20-2-142 and 20-2-285.1 of the Official Code of Georgia Annotated, so as to provide that information shall be presented to young people relating to the consequences that may result while driving under the influ ence; to change certain internal cross-references; to provide for other matters rel ative thereto. Referred to Committee on Consumer Affairs.
SB 442. By Senator Barnes of the 33rd:
A bill to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a de-

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193

fendant as a first offender or discharge such defendant unless the court has re viewed the defendant's criminal record. Referred to Committee on Judiciary and Constitutional Law.
SB 443. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that cer tain contributions shall be made to the State Personnel Board by local units of administration rather than from appropriations to the State Board of Education; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Education.
SB 444. By Senators Greene of the 26th, Trulock of the 10th and Garner of the 30th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5; to pro vide for other matters related to the foregoing. Referred to Committee on Judiciary and Constitutional Law.
SB 445. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for certain issues that warrant either a downward or upward revision or modification of certain permanent alimony judgments. Referred to Committee on Judiciary and Constitutional Law.
SB 446. By Senator Tolleson of the 32nd:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which authorizes the General Assembly to create the Downtown Smyrna Development Authority in and for the City of Smyrna; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and Kennedy of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not consider certain accidents in the computation of rate or premium charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law en forcement officer.
Referred to Committee on Insurance.
SR 338. By Senator Starr of the 44th:
A resolution to re-create the Commission on Governmental Liability; to provide for the membership, powers, and duties of the commission; to provide for staff support for the commission; to provide for the expenditure of funds and the pay ment of expenses; to provide for the expiration of the commission. Referred to Committee on Governmental Operations.

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SR 339. By Senators Kennedy of the 4th, Bryant of the 3rd and Gillis of the 20th:
A resolution designating that portion of State Highway 67 in the unincorporated area of Bryan County as the Dr. W. K. Smith Highway. Referred to Committee on Transportation.
SR 340. By Senators Bowen of the 13th and Holloway of the 12th:
A resolution urging the National Highway Traffic Safety Administration (NHTSA) to amend its 1987 and 1988 corporate average fuel economy (CAFE) standards for passenger cars to a level of 26.0 miles per gallon (mpg) and to promulgate light truck standards for future model years that likewise reflect an appropriate balance between reasonable energy conservation needs and economic considerations, including jobs in the State of Georgia. Referred to Committee on Transportation.
SR 341. By Senators McGill of the 24th, Reddish of the 6th, Kennedy of the 4th and others:
A resolution urging the Department of Community Affairs to disapprove the is suance of industrial development bonds for certain purposes. Referred to Committee on Urban and County Affairs (General).
The following bills and resolutions of the House were read the first time and referred to committees:
HB 136. By Representatives Brooks of the 34th and Wilson of the 20th: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to re peal certain provisions relating to the establishment of pilot community work experience programs.
Referred to Committee on Banking and Finance.
HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court rea sonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position. Referred to Committee on Judiciary and Constitutional Law.
HB 1149. By Representative Richardson of the 52nd: A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property.
Referred to Committee on Judiciary.
HB 1153. By Representative Richardson of the 52nd:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the suspension or revoca tion of certain permits to distribute dangerous drugs and provide for the disposi tion of dangerous drugs following that suspension or revocation. Referred to Committee on Judiciary.

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195

HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain purposes.
Referred to Committee on Governmental Operations.
HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for emergency pow ers to enable the Department of Human Resources to order the emergency relo cation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility.
Referred to Committee on Children and Youth.
HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center.
Referred to Committee on Children and Youth.
HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to repeal the defini tion of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners.
Referred to Committee on Banking and Finance.
HB 1333. By Representatives Porter of the 119th, Coleman of the 118th and Smith of the 78th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trials and appeals in magistrate courts, so as to provide that no appeal shall lie from a default judgment; to provide for reopening certain default judgments.
Referred to Committee on Judiciary.
HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to pro vide for reimbursement by counties of expenses of training.
Referred to Committee on Governmental Operations.

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HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others:
A resolution relating to the acceptance of the offer of the lessee, Seaboard Sys tem Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968.
Referred to Committee on Public Utilities.

HR 515. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the re peal of the resolution.
Referred to Committee on Transportation.

The following report from the standing Committee on Children and Youth was read by the Secretary:

Mr. President:

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

SB 306. Do pass. SB 308. Do pass as amended.

SR 281. Do pass. SR 330. Do pass.

SB 361. Do not pass. SB 413. Do pass.

HB 175. Do pass by substitute.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

The following communication from Honorable Zell Miller, President of the Senate, was read by the Secretary:

The State Senate Atlanta, Georgia 30334
January 27, 1986
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Ga.
Dear Mr. Secretary:
This is to certify that Senator Wayne Garner, Chairman of the standing committee on Corrections, is absent due to inclement weather and Senator Arthur Langford, Vice Chair man, is absent due to an emergency; therefore, neither is present to chair the meeting of the Committee at 3:00 p.m. this day, January 27, 1986.
I hereby authorize Senator Walter Ray, Secretary of the Committee, to call the meeting to order and elect a temporary Chairman to conduct the meeting.
Sincerely,
/s/ Zell Miller President of the Senate

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197

The following report from the standing Committee on Corrections was read by the Secretary:

Mr. President:

The Committee on Corrections 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 322. Do pass by substitute.
Respectfully submitted,
Senator Ray of the 19th District, Acting Chairman

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

Mr. President:

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

SB 293. Do pass.

SB 419. Do pass.

SB 331. Do pass. SB 348. Do pKass. SB 352. Do pass by substitute. SoBn 3o/6.6fl. DTMo pass.

SB 423. Do pass. S,,B,, 4. 2n4.. ,,Do pass.
SR 39. Do pass.

SB 368. Do pass by substitute.

SR 288- Do Pass'

SB 405. Do pass.

HB 379. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 377. Do pass. SB 292. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

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

SB 385. Do pass.

HB 1227. Do pass.

HB 1226. Do pass.

HB 1228. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

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Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 313. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

SB 420. Do pass.

SR 319. Do pass.

SB 421. Do pass.

HB 618. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 407. HB 510. HB 513. HB 514. HB 515. HB 516.

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

HB 523. HB 524. HB 525. HB 526. HB 527. HB 528.

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

HB 517. HB 518. HB 520. HB 521. HB 522.

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

HB 529. HB 1238. HB 1239. HB 1291. HB 1292.

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

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 174. By Senators Peevy of the 48th and Howard of the 42nd:
A bill to amend Code Section 47-8-67 of the Official Code of Georgia Annotated, relating to survivors benefits under the Superior Court Judges Retirement Fund of Georgia (Emeritus), so as to provide that when the compensation of senior judges is increased, there shall be a corresponding increase in the benefits of sur viving spouses.

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199

SB 206. By Senator Garner of the 30th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be with drawn from the Employees' Retirement System of Georgia.
SB 223. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employ ees' Retirement System of Georgia, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local re tirement system.
SB 302. By Senator Kidd of the 25th:
A bill to amend Code Section 43-9-7 of the Official Code of Georgia Annotated, relating to qualifications of applicants for license to practice chiropractic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations with respect to certain education requirements; to provide an effec tive date.
SB 315. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that if a plaintiff fails to pay costs prior to renewing a previously dismissed action then the plaintiff shall upon motion be ordered to pay double costs in such action; to provide that if such double costs are not so paid then the renewed action shall be dismissed with prejudice.
SB 319. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations; to provide definitions; to provide voting procedures; to provide exceptions; to provide for the classification of directors.
SB 329. By Senators Peevy of the 48th and Allgood of the 22nd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide that it shall be unlawful for any person to measure or attempt to measure stressful physiological responses which purport to detect deception or verify truth of statement through the use of a psychological stress evaluator, a voice stress analyzer, or any such similar instru ment which measures and records only one physiological reaction to emotion.
SB 330. By Senator Cobb of the 28th:
A bill to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term "financial institution" as it relates to records

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and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire.
SB 334. By Senator Deal of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provi sions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds.
SB 342. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relat ing to the time for making certain payments to the fund.
SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the gov ernment of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding.
SB 356. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of distilled spirits in dry counties and municipalities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful.
SB 374. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant and the defendant's attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant.
SB 387. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communica ble disease at the time of death.
SR 285. By Senators Phillips of the 9th, Brantley of the 56th and Tolleson of the 32nd:
A resolution requesting the State Revenue Commissioner to make a recommen dation to the Governor and the General Assembly to achieve the coordination of state income tax returns with federal income tax returns.

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201

HB 338. By Representatives Lawler of the 20th, Cummings of the 17th and Clark of the 13th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the mini mum retirement allowance paid to beneficiaries; to change the provisions relating to the application of cost-of-living benefit increases to persons who retired under local retirement or pension systems so as to apply such provisions to the surviv ing spouse under certain conditions.
HB 345. By Representatives Thompson of the 20th and Cooper of the 20th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to pro vide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification.
HB 355. By Representative Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age.
HB 1171. By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is sus pected of being misbranded; to change the requirements of the misbranding of food.
HB 1172. By Representative Reaves of the 147th:
A bill to amend Part 1 if Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers.
HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th and others:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

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Hudgins Huggins Kennedy KLaidndd
McGill McKenzie
Peevy

Perry Phillips Ray RSceodtdtisohf 2nd
Scott of 36th Starr
Stumbaugh

Those not answering were Senators:

Barnes

Howard

Tate Timmons Tolleson TITrUuIWOCkK Turner Tysinger Walker
Langford

Senator Bowen of the 13th introduced the chaplain of the day, Dr. Fred Swan, pastor of the First Baptist Church, Unadilla, Georgia, who offered scripture reading and prayer.
Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
The following resolutions of the Senate were read and adopted:
SR 342. By Senator Kennedy of the 4th: A resolution commending the Eagles football team of Georgia Southern College.
SR 343. By Senator Coleman of the 1st: A resolution congratulating Mrs. Catherine A. Moore of Savannah, 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
Thursday, January 30, 1986
NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 407 Kidd, 25th Putnam County Changes compensation provisions relating to chief magistrate and clerk of Magistrate Court; provides effective date.
HB 510 Hudgins, 15th Land, 16th City of Columbus Muscogee County Continues amendment which relates to merger of independent school system of city and school district of county.
HB 513 Hudgins, 15th Land, 16th Muscogee County Continues amendment which relates to Muscogee County Health Depart ment.

THURSDAY, JANUARY 30, 1986

203

HB 514 Hudgins, 15th Land, 16th Muscogee County
Continues amendment which relates to Columbus Airport Commission (for merly Muscogee County Airport Commission).
HB 515 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment which relates to Columbus Building Authority (for merly Columbus & Muscogee County Building Commission).
HB 516 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment which relates to creation of Columbus-Muscogee County Port Development Commission.
HB 517 Hudgins, 15th Land, 16th Muscogee County
Continues amendment which relates to creation of Muscogee County Indus trial Development Authority.
HB 518 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment which relates to consolidation of city and county and creation of a single countywide government for said county.
HB 520 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment authorizing issuance and selling of certain street im provement bonds by city.
HB 521 Hudgins, 15th Land, 16th Muscogee County
Continues amendment authorizing Muscogee County to appropriate funds not derived from ad valorem taxation for advertising and promotion of agri cultural, recreational, historic, and industrial resources of county and en courage new industries and tourism.
HB 522 Hudgins, 15th Land, 16th Muscogee County
Authorizes issuance of certain revenue anticipation obligations known as rev enue bonds for the purposes stated therein.

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HB 523 Hudgins, 15th Land, 16th Muscogee County
Continues amendment extending $2,000.00 homestead exemption to residents of Muscogee County School District.
HB 524 Hudgins, 15th Land, 16th Muscogee County
Provides homestead exemption from ad valorem taxation for educational purposes for all school district residents who are 62 years of age or over and have a certain limited income.
HB 525 Hudgins, 15th Land, 16th Muscogee County
Continues amendment increasing homestead exemptions for tax purposes of certain property owned by residents of county.
HB 526 Hudgins, 15th Land, 16th Muscogee County
Continues amendment providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in county.
HB 527 Hudgins, 15th Land, 16th Muscogee County
Continues amendment providing for valuation of certain homestead property of county for purposes of ad valorem taxation for school and consolidated city-county government purposes.
HB 528 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment authorizing governing authority of Columbus-Muscogee County or any municipal corporation within county to exempt from ad valorem taxation all tangible personal property within county in transit through county from outside the state to a final destination outside the state.
HB 529 Hudgins, 15th Land, 16th City of Columbus Muscogee County
Continues amendment which relates to a Charter Review Commission for city.
HB 1238 Bryant, 3rd Liberty County
Provides that the school superintendent of Liberty County School District shall be appointed by the board of education rather than elected; provides that the current school superintendent shall serve out the term for which he was elected.

THURSDAY, JANUARY 30, 1986

205

HB 1239 Bryant, 3rd Liberty County
Provides for seven-member board of commissioners consisting of one countywide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected.

HB 1291 Hudgins, 15th Land, 16th Muscogee County
Authorizes School District to construct, maintain, and operate museums; au thorizes the School District to obtain the services of a private nonprofit cor poration to assist and work with the School District in the operation of its art galleries, art centers and museums.

HB 1292 Hudgins, 15th Land, 16th Muscogee County
Provides that the superintendent of school board of education may in an emergency make certain contracts where the expenditure exceeds $2,500.00.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
ond r,,Biror,,aawnn,,entn.loe,ny, Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Garner GG.-. irleleisn. e Harns Harnson Hine Holloway Horton Hudgins Huggins

Kidd McKenzie Peevy Perry Phillips
Reddish SS,, ccoo,ttAtt ooff., 230/n6> dt, hL Starr Stumbaugh Tate Timmons Tolleson Trulock Tysinger

Those not voting were Senators:

Broun of 46th Bryant Howard Kennedy (presiding)

Land Langford McGill

Ray Turner Walker

On the passage of all the local bills, the yeas were 46, nays 0.

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

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1140 and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1140.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Starr of the 44th, Holloway of the 12th and Kennedy of the 4th.
The President resumed the Chair.
SENATE CALENDAR
Thursday, January 30, 1986
NINTH LEGISLATIVE DAY
SB 151 Motorcycle Rider--headgear required for those under 21 years of age (Pub Saf--51st)
SB 310 Probate of Wills--acknowledgement of service notarized (J&CL--33rd) SB 311 Intestate Decedent--certain moneys deposited into savings account
(J&CL--33rd) SB 312 Admission of Attorney to Practice of Law--fingerprint applicant (J&CL--33rd) SB 332 Person Throwing Hard Objects at Public Events--punishment (Pub Saf--28th) SB 346 Consumers' Utility Counsel--change date of abolishment (Pub U--33rd) SB 357 Retired Teachers' Day--designate (Ed--llth) SB 362 Resisting Policeman in Discharge of Duty--felony (Pub Saf--8th) SB 370 Solicitors--changes in qualifications for office (SUBSTITUTE) (J&CL--48th) SB 389 Suspended Driver's License--unlawful to drive anywhere in state (Pub
Saf--46th) SR 289 Cave Spring--conveyance of state owned property (AMENDMENT) (Pub
U--52nd) SR 290 "No Pass, No Play" Study Committee--create (AMENDMENT) (Ed--50th) SR 322 Emanuel County--conveyance of certain real property (Pub U--21st) SR 283 Federal Appropriations--urge President to reduce items and approve others
(Gov Op--40th)

THURSDAY, JANUARY 30, 1986

207

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

SB 151. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to per sons under the age of 21.

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

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

Those voting in the affirmative were Senators:

Bowen Brannon Dawkins

Hudgins Muggins Kennedy

Peevy Reddish

Those voting in the negative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Kidd Land

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

Those not voting were Senators:

Howard

Langford

Tolleson

On the passage of the bill, the yeas were 8, nays 45.

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

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

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The Conference Committee report on HB 1140 was as follows:
The Committee of Conference on HB 1140 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1140 be adopted.
Respectfully submitted,

FOR THE SENATE:
1st Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Lauren McDonald, Jr. Representative, 12th District
/s/ A. L. Burruss Representative, 20th District
/s/ L. L. Phillips Representative, 120th District

Conference Committee substitute to HB 1140:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), so as to add certain appropriations and authorizations for the State Fiscal Year 1985-1986; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), is amended by striking Sections 86, 87, and 88 and substituting in lieu thereof the following:
"PART IV
ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS
Section 86. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay. STATE APPROPRIATION......................................... $1,000,000
Provided that the Georgia Building Authority and the Georgia State Financing and Investment Commission are authorized to apply $3,217,000 of existing general obligation bond proceeds for building renovations and for the acquisition of furniture and fixtures.
Section 87. Department of Agriculture.
The Department is authorized and directed to permit the use of funds previously ap propriated for the implementation of a merit-type salary plan for employees of the Poultry Veterinary Diagnostic Laboratories, effective February 1, 1986.
Section 88. Department of Community Affairs, for Payment to the Georgia Development Authority for Loans to Counties and Municipalities. STATE APPROPRIATION........................................ $20,000,000
Section 89. Department of Corrections, for Capital Outlay. STATE APPROPRIATION......................................... $1,700,000
Section 90. State Board of Education--Department of Education. For Public Library Construction. ................................... $17,270,000 For Local School Construction ..................................... $79,282,058 STATE APPROPRIATION........................................ $96,552,058

THURSDAY, JANUARY 30, 1986

209

Section 91. Department of Industry and Trade, for Payment to the Georgia World Congress Center. STATE APPROPRIATION........................................... $695,000
Section 92. Teachers Retirement System. STATE APPROPRIATION....................................... $134,000,000
Section 93. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986 ............................................ $5,091,947,058
Section 94. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 95. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1140.

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

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Howard and Langford.

On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1140.

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

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

SB 310. By Senator Barnes of the 33rd:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is

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attested by a notary public; to provide for all related matters; to provide for an effective date and for applicability.

Senator Barnes of the 33rd offered the following amendment:

Amend SB 310 by striking on Page 1, line 16 "." " and inserting therein the following:
"or the Clerk of the Probate Court." and
by adding after "notary public" on line 5, Page 1 the following: "or Clerk of the Probate Court;".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Fincher Howard

Kennedy (presiding)

Langford

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

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

Senator Brantley of the 56th introduced the doctor of the day, Dr. William Collins, of Atlanta, Georgia.

THURSDAY, JANUARY 30, 1986

211

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

SB 311. By Senator Barnes of the 33rd:
A bill to amend Code Section 7-1-239 of the Official Code of Georgia Annotated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceedings $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent; to provide for all related matters.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen
Brantle" nBroun ott jati. Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Bngram Foster Garner Gillis
Harris Harrison
Hlne Holloway Horton Hudgins Huggins Kidd Land

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

Those not voting were Senators:

Fincher Greene Howard

Kennedy (presiding) Langford

Stumbaugh Trulock

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

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

SB 312. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to powers of the Supreme Court of Georgia, so as to provide that the court, in regulating the admission of attorneys to the practice of law, shall re quire each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond owen Brantle" Broun eoyf 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Foster Garner
Gillis Harris Hine "olloway or,ton Hudgms Huggins Kidd Land McGill McKenzie

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

Those not voting were Senators:

Engram Fincher Greene

Harrison Howard

Kennedy (presiding) Langford

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

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

SB 332. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide that any person attending a car race, concert, sporting event, or similar public event who intentionally throws, kicks, or otherwise propels any hard object or other mate rial shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brcntley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Deal Dean English Engram Foster Garner Gillis Greene

Harris Hine Horton Hudgins Huggins Kidd McGill McKenzie Peevy Perry Phillips Ray

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213

Reddish Scott of 2nd Scott of 36th Stumbaugh

Tate Timmons Tolleson Trulock

Turner Tysinger Walker

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Fincher Harrison Holloway

Howard Kennedy (presiding) Land

Langford Starr

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

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

SB 346. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kidd Land McGill

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

Those not voting were Senators:

Fincher Harrison

Howard Kennedy (presiding)

Langford

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

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

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SB 357. By Senators Timmons of the llth and Trulock of the 10th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other mat ters relative thereto.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Land McGill McKenzie

Those not voting were Senators:

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

Brannon Broun of 46th Bryant Fincher

Harrison Howard Kennedy (presiding)

Kidd Langford Walker

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

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

SB 362. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or op poses any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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215

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bwen Brannon Brantley Broun of 46th BBrroywannt of 47th
Burton Cobb
Coleman
Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillto Harris Harrison Hine HHoolrltoownay
Huggins Kidd
Land
McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd gcott of 36th c te ,,, , , Stumbaugh Tlaimtemons
Tolleson Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Fincher Greene

Howard Hudgins

Kennedy (presiding) Langford

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

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

The President resumed the Chair.

SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to authorize certain changes in the qualifications of such office by local law; to provide an effective date.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 370:
A BILL
To be entitled an Act to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to provide for certain exceptions to certain qualifica tions for the office of solicitor of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Except as otherwise provided in paragraph (2) of this subsection, each solicitor of the state court shall have been a resident of the geographic area in which such solicitor is selected to serve for one year next preceding the beginning of such solicitor's term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for one year.
(2) In all counties of this state which have a population of 100,000 or more according to the United States decennial census of 1980 or any future such census, an assistant district attorney or assistant solicitor having served as an assistant district attorney or assistant

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solicitor for more than two years shall be eligible to fill a vacancy in the office of solicitor of the state court for the remainder of the unexpired term without regard to whether such assistant district attorney or assistant solicitor meets any residency requirements otherwise imposed by law if the assistant district attorney or assistant solicitor becomes a resident of the geographic area before taking office as solicitor of the state court. Any assistant district attorney or assistant solicitor taking office as authorized by this paragraph shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the geo graphic area."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Phillips of the 9th moved that SB 370 be committed to the Senate Committee on Judiciary and Constitutional Law.
Senator Peevy of the 48th moved the previous question.
On the motion offered by Senator Peevy of the 48th, which takes precedence, the yeas were 40, nays 2; the motion prevailed, and the previous question was ordered.
On the adoption of the substitute, the yeas were 41, nays 2, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Baorwneens ,
RBrown oft 47th
Coleman Dawkins Deal Dean

English Engram Foster Garner Gillis
H,,.arris e
Holloway Horton Hudgins Huggins Kennedy

Those voting in the negative were Senators:

Kidd McGill McKenzie Peevy Perry
R_ eddiah,, ,, .
Starr Timmons Trulock Turner Walker

Bond Brannon Brantley Burton

Coverdell Harrison Land Phillips

Scott of 36th Tate Tolleson Tysinger

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217

Those not voting were Senators:

Fincher Howard

Langford

On the passage of the bill, the yeas were 40, nays 12.

Stumbaugh

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

SB 389. By Senators Broun of the 46th and Cobb of the 28th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, related to driving with a suspended or revoked driver's license, so as to make it unlawful to drive a motor vehicle with a suspended or revoked driver's license anywhere in this state in addition to prohibiting such on the public highways; to provide a penalty.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd

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

Those not voting were Senators:

Fincher Howard

Langford Scott of 36th

Stumbaugh Walker

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

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

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

SR 289. By Senator Hine of the 52nd:
A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia; to provide an effective date.

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The Senate Committee on Public Utilities offered the following amendment to SR 289:
Amend SR 289 by striking from line 20 of Page 1 and from line 8 of Page 2 the following:
"Human Resources", and inserting in their respective places the following:
"Education". By striking from line 13 of Page 2 the following: "shall", and inserting in its place the following: "may".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BBoranndnon
n Broun,of 46th. BBrroywannt of 47th
Burton Cobb Coleman Coverdell Deal

Dean English Engram Foster Garner
GGirleliesne
Hme HHoolrltoownay
Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray
RSceodtdtisohf 2nd
Scott of 36th
Stumbaugh,
Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Bowen Dawkins Fincher

Harrison Howard Hudgins

Langford Timmons Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

THURSDAY, JANUARY 30, 1986

219

SR 290. By Senators Foster of the 50th, Deal of the 49th, Dean of the 31st and others: A resolution creating the "No Pass, No Play" Study Committee.
The Senate Committee on Education offered the following amendment to SR 290:
Amend SR 290 by striking from line 21 of Page 1 and from line 23 of Page 1 the following:
"three",
and inserting in each such location the following: "six".

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Land McGill

McKenzie Peevy Perry Phillips Rav Reddish Scott rf 2nd S_ cott of 36th
*Stumb, augh, Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dawkins Fincher

Howard Kidd

Langford Timmons

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
SR 322. By Senator English of the 21st: A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners so as to provide that the State of

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Georgia, acting by and through the Governor, shall convey certain real property in Emanuel County under certain conditions.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bwen
B. rann,on
Broun of 46th Brown of 47th gryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Garner Gillis Greene
Harris
TM ine Holloway Horton Hudgins Huggins Kennedy Land

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

Those not voting were Senators:

Fincher Foster Howard

Kidd Langford

Timmons Tolleson

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

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

Senator English of the 21st moved that SR 322 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 322 was immedi ately transmitted to the House.

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

Mr. President:

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1140. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Lee of the 72nd and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1986, in addition to any other appropriations heretofore or hereafter

THURSDAY, JANUARY 30, 1986

221

made for the operation of state government and the purposes provided for herein.
The following general resolution of the Senate, having been read the third time on Jan uary 29 and postponed until January 30, was put upon its adoption:
SR 283. By Senators Coverdell of the 40th, Brantley of the 56th, Phillips of the 9th and others:
A RESOLUTION
Urging the United States Congress to propose an amendment to the United States Con stitution authorizing the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill; and for other purposes.
WHEREAS, despite various efforts to control the explosive growth of federal spending, the President has had insufficient authority with respect to the budgetary process; and
WHEREAS, the federal budget has not been balanced since 1969 and the national debt has increased fourteen-fold in the past ten years; and
WHEREAS, Presidents since the Civil War, of both political parties, have cited the need for greater presidential involvement in administering the budgetary affairs of the na tion; and
WHEREAS, in 43 states, the chief executive has the constitutional power to veto items of appropriation while approving other portions of a bill; and
WHEREAS, this power has been described by political scholars as a highly desirable one and one which has had a positive effect on the operation of government; and
WHEREAS, under Article V of the United States Constitution, amendments to the Constitution may be proposed by the Congress whenever two-thirds of both houses deem it necessary, or, on the application of the legislatures of two-thirds of the several states, the Congress shall call a Constitutional Convention for the purpose of proposing amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the legislature of the State of Georgia respectfully memorializes the Con gress of the United States to propose an amendment to the United States Constitution which would authorize the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill.
BE IT FURTHER RESOLVED that the legislature of the State of Georgia requests the Congress to submit to the several states the amendment to the Constitution of the United States for purposes of ratification.
BE IT FURTHER RESOLVED that the legislature of the State of Georgia also pro poses that the legislatures of each of the several states comprising the United States apply to the Congress requesting the enactment of an amendment to the United States Constitu tion, as described in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate transmit copies of this resolution to the Secretary of State and presiding officers of the houses of the legislature of each of the other states in the Union, to the President and Vice President of the United States, to the Speaker of the United States House of Representatives, to each senator and representative in the Congress of the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
Senator Barnes of the 33rd offered the following substitute to SR 283:
A RESOLUTION
Urging the United States Congress to propose an amendment to the United States Con-

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stitution authorizing the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill; to require the President to submit a balanced budget; to assess personal liability for any federal deficit on the President and members of Congress; and for other purposes.
WHEREAS, despite various efforts to control the explosive growth of federal spending, the President has had insufficient authority with respect to the budgetary process; and
WHEREAS, the federal budget has not been balanced since 1969 and the national debt has increased fourteen-fold in the past ten years; and
WHEREAS, Presidents since the Civil War, of both political parties, have cited the need for greater presidential involvement in administering the budgetary affairs of the na tion; and
WHEREAS, in 43 states, the chief executive has the constitutional power to veto items of appropriation while approving other portions of a bill; and
WHEREAS, this power has been described by political scholars as a highly desirable one and one which has had a positive effect on the operation of government; and
WHEREAS, since 1980 the President has not submitted a balanced federal budget to the Congress of the United States; and
WHEREAS, under Article V of the United States Constitution, amendments to the Constitution may be proposed by the Congress whenever two-thirds of both houses deem it necessary, or, on the application of the legislatures of two-thirds of the several states, the Congress shall call a Constitutional Convention for the purpose of proposing amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the legislature of the State of Georgia respectfully memorializes the Con gress of the United States to propose an amendment to the United States Constitution which would authorize the President of the United States to reduce or eliminate one or more items of appropriation while approving other portions of a bill; to require the Presi dent to submit a balanced budget; and to require that any budget deficit shall be the joint, several, and personal liability of the President, members of the Cabinet, and members of Congress of the United States.
BE IT FURTHER RESOLVED that the legislature of the State of Georgia requests the Congress to submit to the several states the amendment to the Constitution of the United States for purposes of ratification.
BE IT FURTHER RESOLVED that the legislature of the State of Georgia also pro poses that the legislatures of each of the several states comprising the United States apply to the Congress requesting the enactment of an amendment to the United States Constitu tion, as described in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate transmit copies of this resolution to the Secretary of State and presiding officers of the houses of the legislature of each of the other states in the Union, to the President and Vice President of the United States, to the Speaker of the United States House of Representatives, to each senator and representative in the Congress of the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
On the adoption of the substitute, the yeas were 48, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

THURSDAY, JANUARY 30, 1986

223

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

Those voting in the affirmative were Senators:

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

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land McGill

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

Those not voting were Senators:

Fincher

Howard

Langford

On the adoption of the resolution, the yeas were 53, nays 0.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:45 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 31, 1986 Tenth 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 Ray of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Dean of the 31st assumed the Chair at the direction of the President.
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 and Senate:
HB 1390. By Representative Yeargin of the 14th: A bill to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert," so as to provide for the election of the Board of Commis sioners of Elbert County; to provide for the composition of the board and dis tricts therefor and elections therefrom.
HB 1391. By Representative Yeargin of the 14th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Oglethorpe County De velopment Authority.
HB 1392. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Elberton in Elbert County, so as to change the date of elections to be held for the offices of mayor and councilmen.
HB 1395. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof.
HB 1403. By Representative Greene of the 130th: 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 creation of the Ran dolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act.
HB 1404. By Representative Greene of the 130th: 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 creation of the Quitman County Industrial Development Authority.

FRIDAY, JANUARY 31, 1986

225

HB 1405. By Representative Greene of the 130th: 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 election of members of the Stewart County Board of Education by the people.
HB 1406. By Representative Greene of the 130th: 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 authorizing the con struction of an electrical system in Stewart County; to provide the authority for this Act.
HB 1407. By Representative Greene of the 130th: 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 authorizing Stewart County to construct bridges across the Chattahoochee River.
HB 1408. By Representative Greene of the 130th: 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 authorizing Stewart County to provide a natural gas system for said county.
HB 1409. By Representative Greene of the 130th: 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 creation of the Stew art County Industrial Development Authority; to provide the authority for this Act.
HB 1422. By Representative Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide the date on which the mayor and aldermen shall take office following their election.
HB 1427. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County.
HB 1428. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of a civil service system of personnel administration for Hall County.
HB 1429. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.
HB 1430. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Gainesville and Hall County Development Authority and the powers, duties, and mem bers of the authority.

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HB 1431. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendments which relate to the composition and op eration of the Hall County board of education.
HB 1434. By Representatives Alien of the 127th, Hamilton of the 124th, Triplett of the 128th, Mueller of the 126th and Kingston of the 125th:
A bill to provide for freezing the ad valorem tax assessment of certain renovated real property in the Historic Savannah District.
HB 1442. By Representatives Robinson of the 58th, Richardson of the 52nd, Aaron of the 56th, Childs of the 53rd, Redding of the 50th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, maintain, and operate a junior college; to provide the authority for this Act.
HB 1443. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Covington Parking Authority.
SB 175. By Senator Hudgins of the 15th: A bill to provide for an advisory referendum within Muscogee County to deter mine the opinion of the electorate as to whether members of the school board for the county should be elected from equal districts; to provide duties of the elec tion superintendent; to provide for legislative findings.
HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd:
A bill to amend Code Section 15-10-101 of the Official Code of Georgia Anno tated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a constable.
HB 1249. By Representatives Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 17 years to allow or permit such child to loiter at or upon any public place between the hours of 12:00 Midnight and 5:00 A.M. of the following day.
HB 365. By Representatives Coleman of the 118th, Ramsey of the 3rd, Buck of the 95th, Colbert of the 23rd and Banner of the 131st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.
HB 1351. By Representatives Thomas of the 69th, Davis of the 45th, Pannell of the 122nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Public Safety, so as to provide that neither the commissioner, the department, nor any

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other departmental employee is a proper party respondent in a habeas corpus proceeding which seeks to challenge the validity of a conviction, bond forfeiture, or plea of nolo contendere.
HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to authorize the com missioner of transportation to issue a permit in writing authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions.
HB 377. By Representatives Steinberg of the 46th, Childs of the 53rd, Groover of the 99th and Copelan of the 106th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, so as to provide that, in proceedings between parents, an agreement regarding cus tody issues may be presented to the court.
HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions.
HB 1142. By Representatives Phillips of the 120th and Walker of the 115th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local govern ments in meeting their environmental facility needs.
HB 1280. By Representative Phillips of the 120th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds.
HB 1143. By Representative Phillips of the 120th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environmental Protection Division of the Department of Natural Resources to administer these grants.
HB 1144. By Representative Phillips of the 120th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator.

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HB 1145. By Representatives Phillips of the 120th, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare.
HB 493. By Representatives Shepard of the 71st and Copelan of the 106th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property.
HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that in counties in which more.than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court.
HB 1203. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commis sions, so as to provide that a commission shall engage in a continuous program of research, studies, and planning beginning April 1, 1986, to find ways and means to abate or mitigate the hardships of citizens residing in the area which are caused by the noise, pollution, and other environmental conditions.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 363. By Representatives Walker of the 115th and Phillips of the 120th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt by the state may be incurred to finance water or sewage facilities or systems for counties, municipalities, political subdivisions, and au thorities through the Georgia Development Authority and to provide that it shall not be necessary for the state or the Georgia Development Authority to take title to such facilities or systems.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 448. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to repeal certain provi sions which require the clerks of superior courts to furnish to the Georgia Bureau of Investigation records of convictions of sex crimes; to provide an effective date.
Referred to Committee on Judiciary.

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SB 449. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, and school grounds, so as to reflect changes in certain population classifications in accordance with the United States decennial census of 1980. Referred to Committee on Consumer Affairs.
SB 450. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide that the commissioner of natural resources may issue permits under the "Shore Assistance Act of 1979" and the "Coastal Marshlands Protection Act of 1970"; to provide for public notice and opportunity for public hearing on draft permits. Referred to Committee on Natural Resources.
SB 451. By Senators Bowen of the 13th, Cobb of the 28th, Harris of the 27th and others:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to require jail officers to be certified peace officers or to complete successfully a training course in order to be eligible to serve as a jail officer in a detention facility; to define certain terms; to provide for administra tion by the Georgia Peace Officer Standards and Training Council. Referred to Committee on Public Safety.
SB 452. By Senators Harrison of the 37th, Brantley of the 56th and Tolleson of the 32nd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex and exclude certain property from the city; to repeal a specific Act. Referred to Committee on Urban and County Affairs.
SB 453. By Senator Greene of the 26th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, so as to change the general maximum speed limit on certain roads and streets; to provide for all related matters. Referred to Committee on Transportation.
SR 344. By Senators Perry of the 7th, Reddish of the 6th, Turner of the 8th and others:
A resolution urging the Congress of the United States to take all appropriate actions to require that a defendant upon whom a sentence of death has been imposed in any trial in a court of any state must file all appeals and motions for writs of habeas corpus in federal courts within 12 months following the review of such case by the highest appellate court of the state in which the sentence was imposed or forever be barred from seeking relief in federal courts. Referred to Committee on Judiciary.
SR 346. By Senators Allgood of the 22nd, Peevy of the 48th, Gillis of the 20th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution adopting the "Missouri Plan" under which federal judges would be appointed by the President initially and would periodically thereafter be required to run on their records. Referred to Committee on Judiciary and Constitutional Law.

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The following bills and resolution of the House were read the first time and referred to committees:
HB 365. By Representatives Coleman of the 118th, Ramsey of the 3rd, Buck of the 95th, Colbert of the 23rd and Hanner of the 131st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.
Referred to Committee on Retirement.
HB 377. By Representatives Steinberg of the 46th, Childs of the 53rd, Groover of the 99th and Copelan of the 106th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, so as to provide that, in proceedings between parents, an agreement regarding cus tody issues may be presented to the court.
Referred to Committee on Children and Youth.
HB 493. By Representatives Shepard of the 71st and Copelan of the 106th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property.
Referred to Committee on Judiciary.
HB 1142. By Representatives Phillips of the 120th and Walker of the 115th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local govern ments in meeting their environmental facility needs.
Referred to Committee on Natural Resources.
HB 1143. By Representative Phillips of the 120th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environmental Protection Division of the Department of Natural Resources to administer these grants.
Referred to Committee on Natural Resources.
HB 1144. By Representative Phillips of the 120th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator.
Referred to Committee on Natural Resources.

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HB 1145. By Representatives Phillips of the 120th, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare.
Referred to Committee on Natural Resources.
HB 1203. By Representatives Lane of the 27th, Aaron of the 56th, Alford of the 57th, Athon of the 57th and Greer of the 39th:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commis sions, so as to provide that a commission shall engage in a continuous program of research, studies, and planning beginning April 1, 1986, to find ways and means to abate or mitigate the hardships of citizens residing in the area which are caused by the noise, pollution, and other environmental conditions.
Referred to Committee on Transportation.
HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd:
A bill to amend Code Section 15-10-101 of the Official Code of Georgia Anno tated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a constable.
Referred to Committee on Judiciary.
HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court.
Referred to Committee on Judiciary.
HB 1249. By Representatives Alien of the 127th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful for any parent, guardian, or other person having the legal care, custody, or control of any child under the age of 17 years to allow or permit such child to loiter at or upon any public place between the hours of 12:00 Midnight and 5:00 A.M. of the following day.
Referred to Committee on Children and Youth.
HB 1280. By Representative Phillips of the 120th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds.
Referred to Committee on Natural Resources.

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HB 1351. By Representatives Thomas of the 69th, Davis of the 45th, Pannell of the 122nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Public Safety, so as to provide that neither the commissioner, the department, nor any other departmental employee is a proper party respondent in a habeas corpus proceeding which seeks to challenge the validity of a conviction, bond forfeiture, or plea of nolo contendere.
Referred to Committee on Judiciary.
HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions.
Referred to Committee on Banking and Finance.
HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to authorize the com missioner of transportation to issue a permit in writing authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions.
Referred to Committee on Transportation.
HR 363. By Representatives Walker of the 115th and Phillips of the 120th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt by the state may be incurred to finance water or sewage facilities or systems for counties, municipalities, political subdivisions, and au thorities through the Georgia Development Authority and to provide that it shall not be necessary for the state or the Georgia Development Authority to take title to such facilities or systems.
Referred to Committee on Natural Resources.
HB 1390. By Representative Yeargin of the 14th:
A bill to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert," so as to provide for the election of the Board of Commis sioners of Elbert County; to provide for the composition of the board and dis tricts therefor and elections therefrom.
Referred to Committee on Urban and County Affairs.
HB 1391. By Representative Yeargin of the 14th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Oglethorpe County De velopment Authority.
Referred to Committee on Urban and County Affairs.

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HB 1392. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Elberton in Elbert County, so as to change the date of elections to be held for the offices of mayor and councilmen.
Referred to Committee on Urban and County Affairs.
HB 1395. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the corporate limits thereof. Referred to Committee on Urban and County Affairs.
HB 1403. By Representative Greene of the 130th: 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 creation of the Ran dolph County Development Authority and provisions for its powers, authority, funds, purposes, and procedures; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 1404. By Representative Greene of the 130th: 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 creation of the Quitman County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1405. By Representative Greene of the 130th: 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 election of members of the Stewart County Board of Education by the people.
Referred to Committee on Urban and County Affairs.
HB 1406. By Representative Greene of the 130th: 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 authorizing the con struction of an electrical system in Stewart County; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 1407. By Representative Greene of the 130th:
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 authorizing Stewart County to construct bridges across the Chattahoochee River. Referred to Committee on Urban and County Affairs.
HB 1408. By Representative Greene of the 130th: 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 authorizing Stewart County to provide a natural gas system for said county.
Referred to Committee on Urban and County Affairs.

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HB 1409. By Representative Greene of the 130th: 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 creation of the Stewart County Industrial Development Authority; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 1422. By Representative Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Chatsworth, so as to provide the date on which the mayor and aldermen shall tak" office following their election.
Referred to Committee on Urban and County Affairs.
HB 1427. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: 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 power of the General Assembly to provide by law for the exercise of the power of taxation in Hall County.
Referred to Committee on Urban and County Affairs.
HB 1428. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of a civil service system of personnel administration for Hall County.
Referred to Committee on Urban and County Affairs.
HB 1429. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to authorize the governing authority of Hall County to continue to impose business and occupational license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of the county.
Referred to Committee on Urban and County Affairs.
HB 1430. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to creation of the Gainesville and Hall County Development Authority and the powers, duties, and mem bers of the authority.
Referred to Committee on Urban and County Affairs.
HB 1431. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia the constitutional amendments which relate to the composition and op eration of the Hall County board of education.
Referred to Committee on Urban and County Affairs.
HB 1434. By Representatives Alien of the 127th, Hamilton of the 124th, Triplett of the 128th, Mueller of the 126th and Kingston of the 125th: A bill to provide for freezing the ad valorem tax assessment of certain renovated real property in the Historic Savannah District.
Referred to Committee on Urban and County Affairs.

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235

HB 1442. By Representatives Robinson of the 58th, Richardson of the 52nd, Aaron of the 56th, Childs of the 53rd, Redding of the 50th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the authority of the Board of Education of DeKalb County to establish, acquire, construct, maintain, and operate a junior college; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
HB 1443. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the City of Covington Parking Authority.
Referred to Committee on Urban and County Affairs.
The following communication was received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
January 30, 1986
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, GA.
Dear Mr. Secretary:
This is to certify that Senator Pierre Howard, Chairman of the standing committee on Human Resources, is absent due to illness and will be unable to chair the meeting of the Committee at 2:00 p.m. this day, January 30, 1986.
I hereby authorize Senator Ed Hine, Vice Chairman of the Committee, to conduct the meeting.
Sincerely, /s/ Zell Miller
President of the Senate
The following report from the standing Committee on Human Resources was read by the Secretary:
Mr. President:
The Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1192. Do pass as amended. SB 399. Do pass. SB 318. Do pass as amended.
Respectfully submitted,
Senator Hine of the 52nd District, Vice Chairman

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

Mr. President:

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

SB 317. Do pass. SB 350. Do pass. SB 410. Do pass.

SB 411. Do pass. SR 332. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 422. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 425. Do pass. SB 446. Do pass. HB 1237. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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

SB 292. By Senator Dawkins of the 45th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain con tracts between principals engaged in wholesale sales and their sales representa tives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies.

SB 293. By Senator Foster of the 50th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the centennial of the founding of Young Harris College; to provide for all related matters; to provide an effective date.

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SB 306. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to authorize the com missioner of personnel administration to establish, equip, and operate day-care center facilities for the purpose of serving children who are members of house holds of employees of state government; to provide for certain fees and charges.
SB 308. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a juvenile found to have committed a designated felony act and placed in a youth development center may be eligible for certain services and treatment and to participate in certain programs.
SB 313. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions the judges of the superior, state, and city courts shall be authorized but not required to reduce all or any part of their charges to the jury to writing and to send all or any part of charges so reduced to writing out with the jury during deliberation.
SB 322. By Senators Kennedy of the 4th, Garner of the 30th, Kidd of the 25th and others:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any law enforcement officer or prison guard employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the law enforcement officer or prison guard is physically unable to perform the duties of his employment.
SB 331. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5.
SB 348. By Senator Cobb of the 28th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county sur veyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Surveyors from en gaging in the private practice of professional land surveying.
SB 352. By Senators Cobb of the 28th and Gillis of the 20th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal certain provisions relat ing to microforms; to provide authority for the establishment of microform stan dards; to provide for applicability of other provisions of law.
SB 366. By Senator Kidd of the 25th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of cosmetologists, so as to prohibit certain sales and

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transfers of certain dangerous products except to persons licensed under that chapter; to provide an exception; to provide for injunctive relief; to provide that such sales or transfers are not criminal offenses.
SB 368. By Senator Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engag ing in the practice of a business or profession without a proper license; to provide for cease and desist orders; to provide penalties; to provide for judicial review; to provide for venue.
SB 377. By Senators Coleman of the 1st and Scott of the 2nd:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain restrictions on applicability of certain provisions relating to the repair, closing, or demolition of certain buildings and structures; to provide for legislative findings; to provide for applicability; to provide for definitions.
SB 385. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in courts of record, so as to provide that the signature of an attorney or party on a pleading constitutes a certificate by such person that the pleading is well grounded in fact and existing law or is a good faith argument against existing law.
SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date.
SB 413. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
SB 419. 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 certain provisions relating to population classifications; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.
SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the pur poses of the authority; to change the powers of the authority; to change defini tions; to change the composition of the authority's membership; to provide for unsecured loans.

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239

SB 421. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change the conditions under which approval of owners or possessors of private property is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement.
SB 423. By Senators Tate of the 38th, McKenzie of the 14th and Barker of the 18th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Fort Valley State College; to provide for all related matters; to pro vide an effective date.
SB 424. By Senators Tate of the 38th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Savannah State College; to provide for all related matters; to provide an effective date.
SR 39. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter; to provide for the submission of this amend ment for ratification or rejection.
SR 281. By Senators Burton of the 5th, Albert of the 23rd, Scott of the 2nd and others:
A resolution encouraging the development of programs and services for handi capped preschool age children in all Georgia communities.
SR 288. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to provide for additional penalty assessments in criminal cases, to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime; to provide for the submission of this amendment for ratification or rejection.
SR 319. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and Bond of the 39th:
A resolution urging Congress to continue funding of community services block grants, the Headstart program, and low-income energy assistance block grants.
SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Lang ford of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom; to provide for the applicability of certain provisions of

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the Constitution; to provide for the submission of this amendment for ratifica tion or rejection.

HB 618. By Representatives Lane of the 27th and Adams of the 36th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit local government officials from participating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property.

HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Davis of the 45th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license.

HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.

HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules for granting letters of administration, generally, so as to pro vide an exception to a surviving spouse's entitlement to those letters.

Senator Dean of the 31st, who was presiding at the direction of the President, called for the morning roll call, and the following Senators answered to their names:

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

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

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

Those not answering were Senators:

Bond Brown of 47th

Dawkins Dean (presiding)

Engram Howard

FRIDAY, JANUARY 31, 1986

241

Land Langford

Scott of 36th Timmons

Walker

Senator Dean of the 31st introduced the chaplain of the day, Reverend Edwin D. Ber nard, pastor of First Presbyterian Church, Rockmart, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 345. By Senator Coleman of the 1st:
A resolution recognizing and congratulating Edna Bullard on the occasion of her birthday.

SR 347. By Senator Holloway of the 12th: A resolution honoring and commending Mr. Paul B. Robertson.

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

SENATE LOCAL CONSENT CALENDAR
Friday, January 31, 1986
TENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 425 Foster, 50th City of Hiawassee Towns County
Changes provisions relating to corporate limits of city.

*HB 1237

Bryant, 3rd Liberty County
Creates board of education of Liberty County School District; provides for a seven-member board of education consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected. (SUBSTITUTE)

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

*HB 1237:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1237:

A BILL
To be entitled an Act to create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected; to provide for current members; to provide for a special election; to provide for nonpartisan elections; to provide for the chair man of the board of education; to provide for staggered terms of office; to provide for the filling of vacancies; to provide for related matters; to provide for a referendum; to provide

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for submission of this Act under the federal Voting Rights Act of 1965; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created a board of education of the Liberty County School Dis trict consisting of a chairman and six additional members.
(b) For the purpose of electing the chairman and the other six members of the board of education, the Liberty County School District shall be divided into seven education districts described as follows:
District 1
Beginning at a point where state highway 196 intersects U.S. Highway 17. Thence south along state highway 17 to Lake George Road; thence east along Lake George Road to the Seaboard Coast Line Railroad; thence south along the Seaboard Coast Line Railroad to Gress River; thence east along Gress River to Jerico River; thence south and southeast along Jerico River, Laurel View River and Medway River (the Liberty County--Bryan County line) to the Atlantic Ocean at St. Catherines Sound; thence south along the Atlantic Ocean at St. Catherines Island to South Newport River; thence north and northwest along South Newport River (the Liberty County--Mclntosh County line) to Barrington Road; thence northwest along the Liberty County--Long County line to Tibet Road; thence north along Tibet Road and Baconton Church Road to the southern city limits of Allenhurst; thence north around the east city limits of Allenhurst to Gouldins Creek; thence northeast and north along Gouldins Creek to the Seaboard Coast Line Railroad; thence northeast along the Seaboard Coast Line Railroad to Peacock Canal; thence east and southeast along Pea cock Canal to Holmestown Road; thence northeast along Holmestown Road to U.S. High way 82; thence northwest along U.S. Highway 82 to state highway 196; thence east and northeast along state highway 196 to U.S. Highway 17 and the place of beginning.
District 2
Beginning at a point where state highway 144 intersects Strong Avenue. Thence south east along Strong Avenue to West 18th Street; thence northeast along West 18th Street to Davis Avenue; thence southeast along Davis Avenue to Green Street; thence southwest along Green Street to Bundy Avenue; thence southeast along Bundy Avenue to Hero Road; thence south along Hero Road to Wilson Avenue; thence southeast along Wilson Avenue and Memorial Drive to the Fort Stewart boundary line; thence southwest along the Fort Stewart boundary line to General Screven Way; thence southeast along General Screven Way to Stafford Street; thence northwest along Stafford Street to Franklin Street; thence west along Franklin Street to the Fort Stewart Railroad; thence south along the Fort Stew art Railroad to the city limits of Allenhurst; thence southwest along the city limits of Allen hurst to the city limits of Hinesville; thence north along the city limits of Hinesville and Mill Creek to Old Railroad Grade; thence west along Old Railroad Grade to West 15th Street extended; thence northeast along West 15th Street extended to new state highway 119 by-pass; thence north along state highway 119 by-pass to Wilson Avenue; thence south east along Wilson Avenue to West 6th Street; thence northeast along West 6th Street to Gulick Avenue; thence northwest along Gulick Avenue to state highway 144; thence north east along state highway 144 to Strong Avenue and the place of beginning.
District 3
Beginning at a point where state highway 144 intersects the Liberty County--Bryan County line. Thence southwest along state highway 144 to Gulick Avenue; thence southeast along Gulick Avenue to West 6th Street; thence southwest along West 6th Street to Wilson Avenue; thence northwest along Wilson Avenue to new state highway 119 by-pass; thence southeast along new state highway 119 by-pass to West 15th Street; thence southwest along West 15th Street extended to Old Railroad Grade; thence east along Old Railroad Grade to Mill Creek; thence south along Mill Creek and the west city limits of Hinesville to state highway 196; thence southwest along state highway 196 to Industrial Road, thence south along Industrial Road to the north limits of Walthourville; thence west along the north lim-

FRIDAY, JANUARY 31, 1986

243

its of Walthourville to the Liberty County--Long County line; thence northwest and north along the Liberty County--Long County line to the Tattnall County line; thence northeast along the Liberty County--Tattnall County line and the Liberty County--Evans County line to the Canoochee River; thence southeast and south along the Canoochee River and the Liberty County--Bryan County line to state highway 144 and the place of beginning.
District 4
Beginning at a point where state highway 144 intersects the Liberty County--Bryan County line. Thence southeast and south along the Liberty County--Bryan County line, Hope Creek and Jerico River to Gress River; thence west along Gress River to the Seaboard Coast Line Railroad; thence north along the Seaboard Coast Line Railroad to Lake George Road; thence west along Lake George Road to U. S. Highway 17; thence north along U. S. Highway 17 to state highway 196; thence southwest and west to U. S. Highway 82; thence southeast along U. S. Highway 82 to Holmestown Road; thence southwest along Holmestown Road to Peacock Canal; thence northwest and west along Peacock Canal to the Sea board Coast Line Railroad; thence southwest along the Seaboard Coast Line Railroad to Gouldins Creek; thence south and southwest along Gouldins Creek to the northeast city limits of Allenhurst; thence northwest around the north city limits of Allenhurst to U. S. Highway 82; thence north along U. S. Highway 82 to Fraser Drive; thence east and south east along Fraser Drive to Forest Street; thence southeast along Forest Street to Gray Fox Road; thence northeast along Gray Fox Road to Sandy Run Drive; thence north and north west along Sandy Run Drive to Tupelo Trail; thence east along Tupelo Trail to Peacock Canal; thence north along Peacock Canal to the Hinesville--Flemington city limits line; thence north along the Hinesville--Flemington city limits line to Old Sunbury Road; thence northwest along Old Sunbury Road and Fort Stewart Road 47 to Murray Avenue; thence southwest along Murray Avenue to East 16th Street; thence northwest along East 16th Street to Philippines Drive; thence north and northwest along Philippines Drive to state highway 144; thence northeast along state highway 144 to the Liberty County--Bryan County line and the place of beginning.
District 5
Beginning at a point where the Fort Stewart boundary line intersects General Stewart Way. Thence east along General Stewart Way to Cause Street; thence south along Cause Street to Shipman Avenue; thence east along Shipman Avenue to Rebecca Street; thence north along Rebecca Street to Stewart Terrace; thence east and north along Stewart Terrace to General Stewart Way; thence east along General Stewart Way to North Main Street; thence south along North Main Street to Mills Avenue; thence west along Mills Avenue to Rebecca Street; thence south along Rebecca Street and Welborn Street to General Screven Way; thence southeast along General Screven Way to U. S. Highway 82; thence south along U. S. Highway 82 to the north city limits of Allenhurst; thence south around the east city limits of Allenhurst to Baconton Church Road; thence south along Baconton Church Road and Tibet Road to the Liberty County--Long County line; thence northwest and north along the Liberty County--Long County line to the north city limits of Walthourville; thence east along the north city limits of Walthourville to Industrial Road; thence north along Industrial Road to state highway 196; thence northeast along state highway 196 to the west city limits of Hinesville; thence south along the west city limits of Hinesville to the city limits of Allenhurst; thence northeast along the city limits of Allenhurst to the Fort Stewart Railroad; thence north along the Fort Stewart Railroad to Franklin Street; thence east along Franklin Street to Stafford Street; thence southeast along Stafford Street to General Screven Way; thence northwest along General Screven Way to the Fort Stewart boundary line; thence northeast along the Fort Stewart boundary line to General Stewart Way and the place of beginning.
District 6
Beginning at a point where state highway 144 intersects Philippines Drive. Thence southeast and south along Philippines Drive to E. 16th Street; thence southeast along E. 16th Street to Murray Avenue; thence northeast along Murray Avenue to Fort Stewart Road

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47; thence southeast along Fort Stewart Road 47 and Old Sunbury Road to the Hinesville--Flemington city limits line; thence south and southeast along the Hinesville--Flemington city limits line to Peacock Canal; thence south along Peacock Canal to Tupelo Trail; thence west along Tupelo Trail to Sandy Run Drive; thence southeast along Sandy Run Drive to Gray Fox Road; thence southwest along Gray Fox Road to Forest Street; thence northwest along Forest Street to Fraser Drive; thence west along Fraser Drive to U. S. Highway 82; thence south along U. S. Highway 82 to General Screven Way; thence northwest along General Screven Way to Welborn Street; thence north along Welborn Street and Rebecca Street to Mills Avenue; thence east along Mills Avenue to North Main Street; thence north along North Main Street to General Stewart Way; thence west along General Stewart Way to Stewart Terrace; thence south and west along Stewart Terrace to Rebecca Street extended; thence south along Rebecca Street to Shipman Avenue; thence west along Shipman Avenue to Gause Street; thence north along Cause Street to General Stewart Way; thence west along General Stewart Way to the Fort Stewart boundary line; thence south along the Fort Stewart boundary line to Memorial Drive; thence northwest along Memorial Drive and Wilson Avenue to Hero Road; thence north along Hero Road to Bundy Avenue; thence northwest along Bundy Avenue to Green Street; thence northeast along Green Street to Davis Avenue; thence northwest along Davis Avenue to W. 18th Street; thence southwest along W. 18th Street to Strong Avenue; thence northwest along Strong Avenue to state highway 144; thence northeast along state highway 144 to Philip pines Drive and the place of beginning.
District 7
District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County.
(c) For the purposes of this section, whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(d) If any portion of the Liberty County School District is not included within any of the education districts described in subsection (b) of this section, said portion shall be in cluded within the education district contiguous to such portion which contains the least population according to the United States decennial census of 1980.
Section 2. (a) The members serving on the board of education of Liberty County on the effective date of this Act shall continue to serve until December 31, 1986, at which time their offices shall be abolished.
(b) The first election for members of the board of education of Liberty County under this Act shall be a special election which shall be conducted on the same date as the general election in November, 1986. The election superintendent of Liberty County shall issue the call and conduct the special election in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(c) At the special election provided for in subsection (b) of this section, the chairman of the board of education shall be elected from Education District 7. The chairman shall serve for an initial term of office of four years. Thereafter, the chairman shall be elected as pro vided in subsection (e) of this section for a term of office of four years. The chairman may reside anywhere within Liberty County but shall have been a resident of Liberty County for at least one year prior to the date of the general election and shall remain a resident of the county during a term of office. The chairman shall be elected by a majority of the electors voting county wide within Liberty County.
(d)(l) At the special election provided for in subsection (b) of this section, three mem bers of the board of education shall be severally elected from Education Districts 1 through 3 and they shall each serve for an initial term of office of two years. Thereafter, three mem bers of the board of education shall be severally elected from Education Districts 1 through 3 as provided in subsection (e) of this section and they shall each serve for a term of office of four years.

FRIDAY, JANUARY 31, 1986

245

(2) At the special election provided for in subsection (b) of this section, three members of the board of education shall be severally elected from Education Districts 4 through 6 and they shall each serve for an initial term of office of four years. Thereafter, three mem bers of the board of education shall be severally elected from Education Districts 4 through 6 as provided in subsection (e) of this section and they shall each serve for a term of office of four years.
(3) Candidates for district positions shall have been residents of their respective educa tion districts for at least one year prior to the date of the general election and must remain residents of their respective education districts during a term of office. District members of the board of education shall be elected by a majority of the electors voting within their respective education districts.
(e) Beginning in 1988, the members of the board of education of Liberty County shall be elected at nonpartisan primaries and elections. The nonpartisan primaries and elections shall be conducted on the same date as the general primary in the years during which gen eral primaries are conducted and the nonpartisan elections shall be conducted on the same date as the general election in the years during which general elections are conducted. Ex cept for the members of the board of education excluding the chairman being elected from education districts comprising only a portion of Liberty County as provided in this Act, each member of the board of education including the chairman shall be nominated and elected at said nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(f) The chairman and the other six members of the board of education shall take office on the first day of January immediately following their respective elections and shall each serve for the terms of office to which elected and until their successors are elected and qualified.
Section 3. (a) In the event of a vacancy in the office of chairman of the board of educa tion when the remaining term of office is six months or more, the vacancy shall be filled for the unexpired term at a special election. A special election to fill a vacancy in the office of chairman shall be held and conducted on a county-wide basis. If the remaining term of office is less than six months, the vice chairman shall serve as chairman for the remaining term of office, and the remaining members of the board of education shall appoint a person from the county at large to serve as a member of the board of education until the chairman elected at the next following general election takes office.
(b) In the event of a vacancy in the office of a district member of the board of education when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special election to fill a vacancy in the office of a district member of the board of education shall be held only in the education district in which the vacancy exists. If the remaining term of office is less than six months, the remaining members of the board of education shall appoint a qualified resident of the education district in which the vacancy exists to serve for the unexpired term.
(c) The election superintendent of Liberty County shall issue the call for a special elec tion to fill a vacancy as required by this section. The call for a special election shall be issued within 30 days after the existence of a vacancy has been established. A special elec tion to fill vacancies shall be conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Liberty County School District for approval or rejection. The election superintendent shall conduct that election on Tuesday, August 12, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose

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of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Liberty County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which creates a seven-member board of education of the Liberty County School District consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected for staggered terms of office?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

The expense of such election shall be borne by Liberty County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.

Section 5. It shall be the duty of the attorney of the Liberty County School District to submit this Act to the United States Department of Justice for review under the federal Voting Rights Act of 1965. It shall be the duty of the board of education to direct and ensure that such submissions are made in a timely manner by such attorney. It shall be the duty of such attorney and the board of education of the Liberty County School District to ensure that such submission has been completed as soon as practicable after the Governor approves this Act or after it becomes law without such approval.

Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

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

Dean English Fincher Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Peevy Phillips Ray Reddish Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

FRIDAY, JANUARY 31, 1986

247

Those not voting were Senators:

Barker
Bnd Cobb Coverdell Engram

Foster
Harrison Howard Langford Perry

Scott of 2nd Scott of 36th
Starr Walker

On the passage of all the local bills, the yeas were 42, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1237, having received the requisite constitutional majority, were passed.

HB 1237, having received the requisite constitutional majority, was passed by substitute.

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

SENATE CALENDAR
Friday, January 31, 1986
TENTH LEGISLATIVE DAY
SB 174 Superior Court Judges Retirement--spouse benefit increase provisions (SUBSTI TUTE) (Ret--48th)
SB 206 Teachers Retirement--withdrawing contributions from Employees Retirement (Ret--30th)
SB 223 Fulton County Health Department Employees--option on retirement system (SUBSTITUTE) (Ret--40th)
SB 302 Chiropractic Practice--Board promulgate rules on education requirements (AMENDMENT) (Hum R--25th)
SB 315 Renewing Civil Actions--failure of plaintiff to pay previous costs (J&CL--33rd)
SB 319 Certain Close Corporations--mandatory cumulative voting of shares (SUBSTI TUTE) (Judy--22nd)
SB 329 Polygraph Examiners--prohibit psychological stress evaluator or similar instru ment (J&CL--48th)
SB 330 Reports of Currency Transactions--redefine financial institution (B&F--28th)
SB 334 Bonds for Good Behavior--provisions on terms and duration (AMENDMENT) (Judy--49th)
SB 342 Probate Court Judges Retirement Fund--time for making certain payments (Ret--llth)
SB 347 Public Officer Oaths--change form of oath (J&CL--33rd)
SB 356 Vehicles, Boats Unlawfully Transporting Distilled Spirits--seizure certain coun ties (J&CL--33rd)
SB 374 State Courts--presentence report to defendant 3 days before sentencing (SUB STITUTE) (Judy--48th)
SB 387 Handling Disposition of Dead Bodies--notification when infectious disease (AMENDMENT) (Hum R--51st)
SR 285 Coordination of State and Federal Tax Returns--requesting to recommend (B&F--9th)
HB 175 Termination of Parental Rights--new Article 2 (SUBSTITUTE) (C&Y--2nd)
HB 338 Teachers Retirement--change minimum allowance to beneficiaries (Ret--4th)
HB 345 Teacher Sick, Annual Leave--not forfeited for break for higher certification (AMENDMENT) (Ret--llth)

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HB 355 Superior Court Judges Retirement--change provisions on retirement after cer tain age (Ret--llth)
HB 379 Incumbent Candidate--indicate on ballots, ballot labels (Gov Op--15th) HB 1171 Misbranding of Food--change requirements (Ag--24th) HB 1172 Livestock Infectious, Contagious Diseases--general provisions (Ag--24th) HB 1217 Vidalia Onions--regulate sale (Ag--24th)

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

SB 174. By Senators Peevy of the 48th and Howard of the 42nd:
A bill to amend Code Section 47-8-67 of the Official Code of Georgia Annotated, relating to survivors benefits under the Superior Court Judges Retirement Fund of Georgia (Emeritus), so as to provide that when the compensation of senior judges is increased, there shall be a corresponding increase in the benefits of sur viving spouses.

The Senate Committee on Retirement offered the following substitute to SB 174:

A BILL
To be entitled an Act to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, so as to provide that such cost-of-living adjustments shall apply to the surviving spouses of members who elected cost-of-living benefit adjustments and spouses benefits coverage; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) The cost-of-living postretirement benefit adjustments provided for by this Code section shall apply to the surviving spouse of any member who had selected coverage under t7h3i.s" Code section and who had selected spouses benefits coverage under Code Section 47-9-

Section 2. This Act shall become effective on July 1, 1986. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--Senate Bill 174S (LC 7 6102S) Superior Court Judges Retirement System

This Bill would provide cost-of-living post-retirement benefit adjustments to the surviv-

FRIDAY, JANUARY 31, 1986

249

ing spouse of any member who had selected cost-of-living benefit adjustments and spouses benefits coverage. Under current law, members may elect to contribute an additional 1 r< of their state salary to the system and become eligible for post-retirement cost-of-living benefit adjustments; however, these adjustments do not apply to the surviving spouses of members who had selected this coverage.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$___0___

(2) Increase in annual normal cost

$___0___

(3) Current employer contribution rate in effect

17.41%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill

17.41%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$ 1,318,500

According to the actuary for the Superior Court Judges Retirement System, there would be no additional annual cost to the employer in the first year as a result of this Bill.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/si G. W. Hogan State Auditor

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

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

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Those not voting were Senators:

Cobb Howard

Kennedy (presiding) Langford

Scott of 36th

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

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

SB 206. By Senator Garner of the 30th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be with drawn from the Employees' Retirement System of Georgia.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--Senate Bill 206 (LC 7 5935) Employees Retirement System

This Bill would change the number of times a current member of the Teachers Retire ment System who was previously a member of the Employees Retirement System could withdraw employee contributions from the Employees Retirement System and still establish the service under the Employees Retirement System as creditable service under the Teach ers Retirement System. The number of times would be changed from twice to three times.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods with a $1 billion estimated payroll.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$0

(3) Current employer contribution rate in effect

11.75%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill

11.75%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$117,500,000

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251

According to the actuary for ERS the additional annual cost to the employer would be negligible in the first year as a result of this Bill.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bwnes
?ond "owen
Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
Garner Gillis
Greene Harris Hlne Holloway Hudgins Huggins Kidd Land

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

Those not voting were Senators:

Bryant Cobb Harrison Horton

Howard Kennedy (presiding) Langford

McGill Timmons Trulock

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

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

SB 223. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employ ees' Retirement System of Georgia, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local re tirement system.

Senator Coverdell of the 40th moved that SB 223 be postponed until February 4.

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JOURNAL OF THE SENATE

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 223 was post poned until Tuesday, February 4.

SB 302. By Senator Kidd of the 25th:
A bill to amend Code Section 43-9-7 of the Official Code of Georgia Annotated, relating to qualifications of applicants for license to practice chiropractic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations with respect to certain education requirements; to provide an effec tive date.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 302 by striking from lines 23, 24, and 25 of Page 1 the following:
"not approved by the Southern Association of Accredited Colleges and Universities and with respect to schools or colleges in foreign countries.",
and inserting in its place the following:
"in foreign countries not approved by the Southern Association of Accredited Colleges and Universities."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Cobb Coleman

Horton Kennedy (presiding)

Langford Timmons

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

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

FRIDAY, JANUARY 31, 1986

253

SB 315. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that if a plaintiff fails to pay costs prior to renewing a previously dismissed action then the plaintiff shall upon motion be ordered to pay double costs in such action; to provide that if such double costs are not so paid then the renewed action shall be dismissed with prejudice.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Horton Howard Muggins Kidd Land McGill McKenzie

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

Those not voting were Senators:

Brannon Brantley Cobb

Dawkins Harris Hudgins

Kennedy (presiding) Langford Tate

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

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

Senator Burton of the 5th introduced the doctor of the day, Dr. J. R. B. Hutchinson, of Tucker, Georgia.

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

SB 319. By Senator Allgood of the 22nd:
A bill to amend Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations; to provide definitions; to provide voting procedures; to provide exceptions; to provide for the classification of directors.

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JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to SB 319:
A BILL
To be entitled an Act to amend Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares in business corporations, so as to provide for mandatory cumulative voting of shares in certain close corporations; to provide definitions; to provide voting procedures; to provide exceptions; to provide for the number of directors of certain corporations; to provide for the classification of directors; to provide that new stock issuances which dilute minority shareholders' interest as the primary objective shall be a breach of fiduciary duty by directors; to provide for applicability; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares in business corporations, is amended by striking in its entirety subsection (d) which reads as follows:
"(d) The articles of incorporation may provide that at each election for directors each shareholder who is entitled to vote at such election shall have the right to vote, in person or by proxy, the number of shares owned by him for as many persons as there are directors to be elected and for whose election he has a right to vote, or to cumulate his votes by giving one candidate as many votes as the number of such directors multiplied by the number of his shares shall equal, or to distribute such votes on the same principle among any number of such candidates. A corporation shall not have cumulative voting unless such voting is expressly authorized in the articles of incorporation.",
and inserting in its place a new subsection (d) to read as follows:
"(d) (1) As used in this subsection, the term 'close corporation' means a corporation for profit in which the shares are not listed on a national securities exchange or not generally traded in the markets maintained by securities dealers or brokers. 'Close corporation' does not include any of the following corporations regulated under the laws of this state:
(A) Banks;
(B) Canal and navigation companies;
(C) Credit unions;
(D) Express companies;
(E) Insurance companies;
(F) Railroads;
(G) Telegraph companies; or
(H) Trust companies.
(2) For each corporation other than a close corporation, the articles of incorporation may provide that at each election for directors each shareholder who is entitled to vote at such election shall have the right to vote, in person or by proxy, the number of shares owned by him for as many persons as there are directors to be elected and for whose election he has a right to vote, or to cumulate his votes by giving one candidate as many votes as the number of such directors multiplied by the number of his shares shall equal, or to distribute such votes on the same principle among any number of candidates. A corporation other than a close corporation shall not have cumulative voting unless such voting is expressly author ized in the articles of incorporation.
(3) At each election for directors of a close corporation, each shareholder who is entitled to vote at such election shall have the right to vote, in person or by proxy, the number of shares owned by him for as many persons as there are directors to be elected and for whose election he has a right to vote, or to cumulate his vote by giving one candidate as many

FRIDAY, JANUARY 31, 1986

255

votes as the number of such directors multiplied by the number of his shares shall equal, or to distribute such votes on the same principle among any number of such candidates. The right of cumulative voting shall not be exercised unless at least one shareholder or proxy holder announces in open meeting, before the voting for directors starts, his intention so to vote cumulatively; and if such announcement is made, the chair shall declare that all shares entitled to vote have the right to vote cumulatively and shall announce the number of shares present in person and by proxy. The chair shall thereupon grant a recess of not less than one hour nor more than four hours, as the chair shall determine, or of such other period of time as is unanimously agreed upon by the shareholders and proxy holders.
(4) If a corporation has cumulative voting or is required to have cumulative voting under the provisions of this subsection and there are only two shareholders of the corpora tion, one of whom owns more than 33 percent of the outstanding voting shares, then such corporation shall have at least three directors.
(5) Where a corporation has cumulative voting or is required to have cumulative voting under the provisions of this subsection, it may not alter its classification of directors so as to elect directors by class unless the board consists of nine or more members. When the board of directors consists of nine or more members, in lieu of electing the whole number of direc tors annually, the articles of incorporation may provide that the directors be divided into either two or three classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of shareholders after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after such classification, the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there are two classes, or until the third succeeding annual meeting, if there are three classes. No classification of directors shall be effective prior to the first annual meeting of shareholders.
(6) The issuance of new stock, the primary objective of which is the dilution of a minor ity shareholder's interest or ability to vote his shares cumulatively, shall be a violation of the board of directors' fiduciary duty to the minority shareholders.
(7) The provisions of paragraphs (3) through (6) of this subsection shall not apply if a written unanimous shareholders' agreement, as provided for in Code Section 14-2-120, otherwise provides.
(8) This subsection shall apply to all corporations in existence on the effective date of this subsection or which are formed on or after such effective date."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Holloway of the 12th offered the following amendment:
Amend the substitute to SB 319 offered by the Senate Committee on Judiciary by strik ing the semicolon on Page 2, line 14, and by adding the following:
"and bank holding companies;".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th
Bryant Burton Coleman Dawkins Deal Dean

Engrara Fincher Foster Garner Harris Holloway
Horton Howard Hudgins Kidd Land McGill McKenzie Peevy

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

Those voting in the negative were Senators:

Albert Brannon Coverdell

Greene Harrison Hine

Huggins Tolleson

Those not voting were Senators:

Broun of 46th Cobb English

Gillis Kennedy (presiding)

Langford Timmons

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

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

The President resumed the Chair.

Senator Greene of the 26th introduced Mr. J. Alan Neal, President of the Trust Com pany Bank of Middle Georgia, Inc., who is current chairman of the Macon/Bibb County Beautification, Clean Community and Energy Commission and is promoting the Cherry Blossom Festival in Macon, Georgia.

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

SB 329. By Senators Peevy of the 48th and Allgood of the 22nd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide that it shall be unlawful for any person to measure or attempt to measure stressful physiological responses which purport to detect deception or verify truth of statement through the use of a psychological stress evaluator, a voice stress analyzer, or any such similar instru ment which measures and records only one physiological reaction to emotion.

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

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

FRIDAY, JANUARY 31, 1986

257

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bwen Brannon Brantley Broun of 46th Brown of 47th Bryant
Burton Coleman
Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton
Hudgins Huggins
Kennedy Kidd McGill

McKenzie Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th q c uu Stumbaugh late Timmons
Tolleson Trulock
Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Land.

Those not voting were Senators:

Cobb Howard

Langford

Ray

On the passage of the bill, the yeas were 50, nays 2.

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

SB 330. By Senator Cobb of the 28th:
A bill to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term "financial institution" as it relates to records and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire.

Senator Kennedy of the 4th moved that SB 330 be postponed until February 3.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 330 was post poned until Monday, February 3.

SB 334. By Senator Deal of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provi sions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds.

The Senate Committee on Judiciary offered the following amendment to SB 334:

Amend SB 334 by striking from line 20 of Page 3 the following: "Code Section 17-6-98",

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JOURNAL OF THE SENATE

and inserting in its place the following: "Code Section 17-6-92".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th BBuryrtaonnt
Coleman
Dawkins
Deal Dean
English

Engram Fincher Foster Gillis Greene Harris " ine Holloway Horton Howard HHuugdggiinnss
Kennedy
Kidd
Land McGill
McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stair 0. , , Stumbaugh T,iiamtemons
Tolleson
Trulock
Turner Tysinger
Walker

Those not voting were Senators:

Bond Cobb

Coverdell Garner

Harrison Langford

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

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

SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the gov ernment of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brannon Brantley

FRIDAY, JANUARY 31, 1986

259

Broun of 46th Brown of 47th Bryant
Burton Coleman
Qg^ S Dean English Engram Fincher Foster Garner Gillis

Greene Harris Harrison
Hine Horton
Howard Hudgins Huggins Kennedy Kidd Land McKenzie Peevy

Perry Phillips Ray
Reddish gcott of 2nd
Scott of 36th Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coverdell Holloway

Langford McGill

Starr Tate

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

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

Senator Allgood of the 22nd introduced Dr. Jesse Steinfeld, President of the Medical College of Georgia.

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

SB 356. By Senator Barnes of the 33rd:
A bill to amend Chapter 10 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of distilled spirits in dry counties and municipalities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th

Bryant Burton Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis

Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

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JOURNAL OF THE SENATE

McGill Peevy Perry Phillips Ray Reddish

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson

Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Fincher Garner

Harrison Langford

McKenzie Scott of 2nd

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

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

SB 374. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant and the defendant's attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant.

The Senate Committee on Judiciary offered the following substitute to SB 374:

A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that in any case where the sentencing judge orders a presentence investigation, the defendant, the defendant's attorney, and the prosecuting attorney shall be provided with a copy of the presentence report not less than three days prior to the sentenc ing of such defendant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding a new Code section immediately following Code Section 17-10-2, to be designated Code Section 17-10-2.1, to read as follows:
"17-10-2.1. In any case where the sentencing judge orders a presentence investigation, the defendant, the defendant's attorney, and the prosecuting attorney shall be provided with a copy of the presentence report not less than three days prior to the sentencing of such defendant."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

FRIDAY, JANUARY 31, 1986

261

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen
BBrraannntl,eoyn BBrroowunn ooff 4467tthh
Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis greene
H2aarrnnsson HHoinlleoway
Horton Howard Hudgins Muggins Kennedy Kidd Land

McGill Peevy Perry Phillips jjay Scott of 2nd
S,,.cott of 36th *Sttaurmr b, augh,
* ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Cobb

Coleman Langford

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

McKenzie Reddish

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

SB 387. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communica ble disease at the time of death.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 387 by striking from lines 7 through 10 of Page 1 the following: "or where a physician, family member, or person making arrangements for the disposi tion of a dead body has reasonable cause to believe that such person had an infectious or communicable disease at the time of death".
By striking from lines 4, 5, and 6 of Page 2 the following:
"or who a physician has reasonable cause to believe has an infectious or communicable disease".
By striking from lines 9 and 10 of Page 2 the following:
"or possibility of such disease". By striking from lines 17, 18, and 19 of Page 2 the following:
"or who has reasonable cause to believe that such person had an infectious or communi cable disease".
By striking from lines 21 and 22 of Page 2 the following:
"or possibility of such disease". By striking from line 26 of Page 2 the following: "or may have had".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley
Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

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

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

Those not voting were Senators:

Barnes Cobb Coleman Engram

Fincher Harrison Langford

McKenzie Reddish Timmons

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

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

SR 285. By Senators Phillips of the 9th, Brantley of the 56th and Tolleson of the 32nd:
A resolution requesting the State Revenue Commissioner to make a recommen dation to the Governor and the General Assembly to achieve the coordination of state income tax returns with federal income tax returns.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brannon Brantley

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

Dean English Engram Foster Garner Gillis Greene

FRIDAY, JANUARY 31, 1986

263

Harris Harrison Hine Hllowav HHoowrtoarnd
Hudgins
Huggins
Kennedy

Kidd Land McGill Perry Pr>hi_l-lihi- Ps
Ray
Scott of 2nd
Scott of 36th

Starr Stumbaugh Tate Tolleson TT.ruliocki
Turner
Tysinger
Walker

Those not voting were Senators:

Barnes Bowen Cobb Coleman

Fincher Langford McKenzie

Peevy Reddish Timmons

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

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

The following general bill of the House, having been read the third time on January 13 and committed to the Senate Committee on Children and Youth, and favorably reported by the committee, was put upon its passage:

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

The Senate Committee on Children and Youth offered the following substitute to HB 175:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith; to provide for court orders and the effects thereof; to provide conditions and procedures under which parental rights may be terminated; to provide for petitions and summons re garding termination of parental rights and the procedures connected therewith; to provide for rights of fathers of children born out of wedlock; to provide for sanctions for failure to be served or failure to obey summons; to provide for appointment of counsel and guardians ad litem and the expenses thereof; to provide for a standard of proof; to provide for physical or mental evaluations; to provide for confidentiality; to provide for hearings; to provide for custody of certain children following termination proceedings; to provide for certain con flicts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by designating that part of the existing Chapter 11, begin ning with Code Section 15-11-1, as Article 1, and by striking "chapter," wherever it appears in that newly designated article, except where it appears in Code Section 15-11-1 and in the introductory phrase to Code Section 15-11-2, and inserting in its place "article."
Section 2. Said chapter is further amended by striking from the newly designated Arti-

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JOURNAL OF THE SENATE

cle 1 thereof subsection (a) of Code Section 15-11-41, relating to duration of orders of the juvenile court, which reads as follows:
"(a) An order terminating parental rights is without limit as to duration.",
and inserting in its place a new subsection (a) to read as follows:
"(a) Reserved."
Section 3. Said chapter is further amended by striking from newly designated Article 1 thereof Code Sections 15-11-51 through 15-11-54, which read as follows:
"15-11-51. (a) The court by order may terminate the parental rights of a parent with respect to his child if:
(1) The parent has abandoned the child;
(2) The child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm;
(3) The written consent of the parent acknowledged before the court has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, 19-8-6, and 19-8-7; or
(4) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.
(b) If the court does not make an order of termination of parental rights it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-52. (a) The petition shall comply with Code Section 15-11-25 and shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in the first sentence of Code Section 15-11-53.
(b) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this chapter. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative fa ther of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. In either event nothing in this Code section shall be construed to preclude the father's petitioning for custody of the child. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceeding to terminate parental rights by registered or certified mail, return receipt requested, at his last known address.
15-11-53. An order terminating the parental rights of a parent terminates all his rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another nor has he any right to object to the adoption or otherwise to participate in the proceedings.
15-11-54. (a) If, upon the entering of an order terminating the parental rights of a par ent, there is no parent having parental rights, the court shall commit the child to the cus tody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an

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adoption, in a foster home, or to take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If the child is not adopted and a general guardian of the child has not been ap pointed, the child shall be returned to the court at least every two years after the date of the order during the continuation of foster care for entry of further orders for his care, custody, and control. This subsection applies to all children who, on or after July 1, 1984, are in the permanent custody of the Department of Human Resources.",
and inserting in their place new Code Sections 15-11-51 through 15-11-54 to read as follows:
"15-11-51. Reserved.
15-11-52. Reserved.
15-11-53. Reserved.
15-11-54. Reserved."
Section 4. Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
15-11-80. An order terminating the parental rights of a parent under this article is with out limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
15-11-81. (a) In considering the termination of parental rights, the court shall first de termine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physi cal, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
(b) Except as provided in paragraphs (4) and (5) of subsection (d) of Code Section 1511-83, the court by order may terminate the parental rights of a parent with respect to the parent's child if:
(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, and 19-8-7;
(2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
(3) The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or
(4) (A) The court determines parental misconduct or inability by finding that:
(i) The child is a deprived child, as such term is defined in Code Section 15-11-2;

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(ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived;
(iii) Such cause of deprivation is likely to continue or will not likely be remedied; and
(iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.
(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:
(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;
(ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral con dition and needs of the child;
(iii) Conviction of the parent of a felony and imprisonment therefor which has a de monstrable negative effect on the quality of the parent-child relationship;
(iv) Egregious conduct toward the child of a physically, emotionally, or sexually cruel or abusive nature;
(v) Physical, mental, or emotional neglect of the child; and
(vi) Injury or death of a sibling under circumstances which constitute substantial evi dence that such injury or death resulted from parental neglect or abuse.
(C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determin ing whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of paren tal rights:
(i) To communicate or to make a bona fide attempt to communicate with the child;
(ii) To provide for the care and support of the child as required by law or judicial decree; and
(iii) To comply with a court ordered plan designed to reunite the child with the parent or parents.
(c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child.
15-11-82. (a) The petition to terminate parental rights and all subsequent court docu ments in the proceeding shall be entitled 'In the matter of ______, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing.
(b) The petition shall be made, verified, and endorsed by the court as provided in Arti cle 1 of this chapter for a petition alleging deprivation.
(c) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 15-11-80, and shall set forth in ordinary and concise language the facts required by Code Section 15-11-25.
15-11-83. (a) Upon filing of the petition, summons shall be issued forthwith on the child's parents, guardian, lawful custodian, and on the person presently having physical cus tody of the child.
(b) A copy of the petition shall be attached to the summons in all cases other than

FRIDAY, JANUARY 31, 1986

267

service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and the person presently having physical custody of the child. Such copy shall be available from the court during business hours. A free copy shall be available to the parent or, upon request, shall be mailed to the parent. All summons shall contain a statement to the effect that the hearing is for the purpose of terminating parental rights.
(c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's discretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing, and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice.
(d) (1) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative fa ther of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard.
(2) If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceedings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed childplacing agency to expend such additional effort, as the court shall specify, in the identifica tion and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported.
(3) If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses.
(4) The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to the child's support, nor made any attempt to legitimate the child, and that he did not pro vide support for the mother, including medical care, either during her pregnancy or during her hospitalization for the birth of the child.
(5) (A) If the court finds from the evidence that the putative father either lived with the child, contributed to the child's support, attempted to legitimate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospital ization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child.
(B) If the court finds that the conduct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate.
(C) If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father.
(D) At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child.

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(6) The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court.
15-11-84. (a) If any person named in and properly served with summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing the person to appear before the court to show cause why such person should not be held in contempt of court.
(b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
15-11-85. (a) In any proceeding for terminating parental rights or any rehearing or ap peal thereon, the court shall appoint an attorney to represent the child as his counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his counsel.
(b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-56.
15-11-86. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.
15-11-87. The court may require a physical or mental evaluation of any parent, steppar ent, guardian, or child involved in a proceeding under this article.
15-11-88. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or deprivation or termination proceedings involving the same respondent under this article.
15-11-89. The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-29.
15-11-90. (a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child.
(b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(c) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what ef forts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to an other placement.

FRIDAY, JANUARY 31, 1986

269

15-11-91. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article.
15-11-92. Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Barnes Bowen Brannon

Cobb Fincher Langford

Scott of 36th Turner

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

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

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

HB 338. By Representatives Lawler of the 20th, Cummings of the 17th and Clark of the 13th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the mini mum retirement allowance paid to beneficiaries; to change the provisions relating to the application of cost-of-living benefit increases to persons who retired under local retirement or pension systems so as to apply such provisions to the surviv ing spouse under certain conditions.
Senate Sponsor: Senator Kennedy of the 4th.

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488

November 21, 1985

Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

Re: House Bill 338S (LC 9 4284S)

As requested, we have made an actuarial investigation of the impact of House Bill 338S (LC 9 4284S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would increase the minimum benefit under TRS from $12 per month to $17 per month, change the provisions relating to the minimum benefit for members who retired from a local retirement system, and provide certain ad hoc benefit increases to retired mem bers. The cost of these increases would be approximately $9,037,000 in the first year, or about 0.39% of anticipated total (State-paid and locally paid) active payroll. The increase in unfunded actuarial accrued liabilities would be $58,740,000.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. The accrued liability rates shown are a composite of the separate rates used for State-paid and locally-paid compensation.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 2,534,530

$ 2,593,270

$ 58,740

Annual Contribution
Normal Accrued Liability
Total

Annual % Amount

Annual % Amount

6.09% $ 140,070 6.09% $ 140,070

6.82

156,860 7.21

165,897

12.91% $ 296,930 13.30% $ 305,967

Annual % Amount

0.00% $

0

0.39

9,037

0.39% $ 9,037

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1984 actuarial valuation of the System, together with an estimated payroll of $2,300,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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

FRIDAY, JANUARY 31, 1986

271

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Cobb Fincher

Langford McKenzie

Walker

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

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

HB 345. By Representatives Thompson of the 20th and Cooper of the 20th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to pro vide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification.
Senate Sponsor: Senator Timmons of the llth.

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 345 (LC 7 5881)
We have reviewed House Bill 345 (LC 7 5881) with regard to the actuarial impact on the Teachers' Retirement System. This Bill appears to be a proposal that is not a retirement

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bill since TRS members currently do not receive retirement credit for forfeited sick and annual leave.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

The Senate Retirement Committee offered the following amendment:
Amend HB 345 by striking from line 6 on Page 2 the figure "12" and inserting in lieu thereof the figure "24".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond Brannon Broun of 46th BB,,ruorwt,onn of 47th Coleman Coverdell
Dawkins
Deal
Dean
English Engram

Fincher Foster Garner Gillis Greene Harris Harnson HH,,oinl,l,eoway Horton Howard
Huggins
Kennedy
Kidd
McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th g. _0S,t. umb, augh, late Timmons
Tolleson
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Brantley

Bryant Cobb Hudgins

Land Langford McKenzie

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

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

HB 355. By Representative Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age.
Senate Sponsor: Senator Timmons of the llth.

FRIDAY, JANUARY 31, 1986

273

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

SECTION V

TABLE 3

ESTIMATED ANNUAL COSTS AND INVESTIGATION RESULTS

AS OF JULY 1, 1985

Investigation Results 1. Present Value of Benefits

Current Plan

HB-355 LC 9-4283S

a. For Active Participants

$29,024,706 $29,044,206

b. For Retired Participants

$ 3,271,140 $ 3,271,140

c. For Terminated Participants

$ 12,512 $ 12,512

d. Total

$32,308,358 $32,327,858

2. Valuation Assets

$12,669,930 $12,669,930

3. Present Value of Future Contributions by Employee and on Employee's behalf

$ 6,971,404 $ 7,235,711

4. Present Value of Future Normal Costs, (Id) - (2) - (3)

$12,667,024 $12,422,217

5. Present Value of Future Covered Benefit Payroll

$72,758,543 $75,560,964

6. Normal Cost Percentage (4) / (5)

17.41%

16.44%

7. Covered Annual Benefit Payroll

$ 6,689,206 $ 6,689,206

8. State's Normal Cost (6) x (7) at 7/1/85

$ 1,164,591 $ 1,099,705

B. Estimated State Contribution for 7/1/86

1. Normal Cost Percentage

16.44%

2. Covered Annual Benefit Payroll

$ 7,573,235

3. State's Normal Cost for 7/1/86

$ 1,245,040

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine

Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McKenzie Peevy Perry Phillips Ray

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JOURNAL OF THE SENATE

Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Trulock

Turner Tysinger Walker

Voting in the negative was Senator Tolleson.

Those not voting were Senators:

Barker Bryant

Cobb Langford

McGill

On the passage of the bill, the yeas were 50, nays 1.

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

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

The following general bill of the House, having been read the third time on February 20, 1985, and committed to the Senate Committee on Governmental Operations, and favora bly reported by the committee, was put upon its passage:

HB 379. By Representatives Lawler of the 20th and Burruss of the 20th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, municipal elections, nonpartisan munici pal primaries, and special elections in municipalities.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Stumbaugh of the 55th offered the following substitute to HB 379:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall not be indicated on ballots and ballot labels in primaries; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (c) of Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. Under the title of each office shall be placed a direction as to the number of candidates to be voted for."
Section 2. Said title is further amended by striking in its entirety Code Section 21-2284.1, relating to form of ballot for nonpartisan primary for judicial offices, and inserting in lieu thereof a new Code Section 21-2-284.1 to read as follows:
"21-2-284.1. The names of all candidates seeking nomination in the nonpartisan pri-

FRIDAY, JANUARY 31, 1986

275

mary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separa ted from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRI MARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (i/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. Under thfc title of each office shall be placed a direction as to the number of nonpartisan candi dates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superin tendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nomi nated for such office."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-3-185, relating to form of official primary election ballot in municipal elections, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Immediately under the directions, the names of all candidates who have qualified in accordance with the rules of the party, except unopposed candidates in municipal prima ries where the municipal charter or ordinance does not prohibit the omission of such candi dates' names from the ballot, shall be printed on the ballots:, and the names of the candi dates shall in all cases be arranged under the title of the office for which they are candidates and shall be printed thereunder in alphabetical order. Under the title of each office shall be placed a direction as to the number of candidates to be voted for."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker BBoranndtley
Burton
Coverdell

Greene Harrison MHoinweard
Land
Phillips

Stumbaugh Tate ,,T,ol,,leson
Trulock
Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Allgood Baldwin
Barnes Bowen Brannon
Broun of 46th Brown of 47th Coleman Duaawwivkiiiniss Deal
Dean English

Engram Fincher Foster Garner GiUis
Harris ,, .. ""oway Hudgms Huggins
Kidd McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Timmons Turner Walker

Those not voting were Senators:

Bryant Cobb

Horton Kennedy (presiding)

Langford

On the adoption of the substitute, the yeas were 17, nays 34, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun of 46th Brown of 47th Coleman Dawkins Deal Dean English
Engram

Fincher Foster Garner Gillis Harris Holloway Hudgins Huggins Kidd McGill McKenzie
Peevy

Perry Ray Reddish Scott of 2nd Scott of 36th Starr
T1. nalttp?
Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Albert Barker Barnes
Bond Brantley
Burton

Coverdell Greene Harrison
Hine Howard
Land

Phillips Stumbaugh Tolleson Tysinger

Those not voting were Senators:

Bryant Cobb

Horton Kennedy (presiding)

Langford

On the passage of the bill, the yeas were 35, nays 16.

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277

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

The following general bill of the House, having been referred to the Senate Committee on Consumer Affairs, withdrawn from the Committee on Consumer Affairs and committed to the Senate Committee on Agriculture on January 28, and favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1171. By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is sus pected of being misbranded; to change the requirements of the misbranding of food.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barne8
Bnd owen BBrrroaannunntloeonyf 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
Gillis Greene H,",aarmrisson Hlne Holloway Howard Hudgins Huggins Kidd McGill

McKenzie Peevy Perry Phillips Ray
Reddish, Scott of 2nd SaSctuomtt buoafug3h6uth Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bryant Cobb Horton

Kennedy (presiding) Land

Langford Starr

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

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

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

HB 1172. By Representative Reaves of the 147th:
A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and

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JOURNAL OF THE SENATE

control of infectious or contagious diseases in livestock, so as to define the term "livestock"; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers.
Senate Sponsor: Senator McGill of the 24th,

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Greene Harrison Hine Holloway Howard Hudgins Huggins Kidd Land McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr
T1 natlpe
Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 47th Bryant

Cobb Harris Horton

Kennedy (presiding) Langford Stumbaugh

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

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

The President resumed the Chair.

HB 1217. By Representatives Lane of the lllth, Oliver of the 121st, Phillips of the 120th and others:
A bill to amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions.
Senate Sponsor: Senator McGill of the 24th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

FRIDAY, JANUARY 31, 1986

279

Bowen Brannon Brantley Broun of 46th Bryant Burton Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner

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

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

Those not voting were Senators:

Brown of 47th Cobb

Horton

Langford

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

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

Senator Gillis of the 20th moved that HB 1217 be immediately transmitted to the House.

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1217 was imme diately transmitted to the House.

SB 342. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relat ing to the time for making certain payments to the fund.

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

TO:
FROM: DATE: SUBJECT:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Hodge Timmons State Senator
G. W. Hogan, State Auditor
December 16, 1985
Legislative Bill LC 7 6137 Judges of the Probate Courts Retirement Fund of Georgia
This Bill would require payments from marriage license fees and fines and forfeited bonds to be paid to the Fund on the twentieth day of the

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month following the month of collection rather than the tenth day of the month.
This is to certify that this is a non-fiscal retirement bill to the pension system.
/s/ G. W. Hogan State Auditor

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brantley Brown of 47th Cobb

Horton Hudgins

Langford Tate

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, February 3, and the motion prevailed.

At 11:43 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock on Monday, February 3.

MONDAY, FEBRUARY 3, 1986

281

Senate Chamber, Atlanta, Georgia Monday, February 3, 1986 Thirteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Jan uary 31, 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 1186. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th and Buck of the 95th:
A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to provide that evidence of compensa tion received for any damages from any collateral source shall be admissible and may be considered by the finder of fact; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the court may either order a new trial or modify the amount of the award.
HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College.
HB 1261. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions.
HB 1287. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to the vacation of office of certain public officials, so as to provide that suspension procedures shall be initiated upon indictment by the United States for certain felonies; to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction.

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HB 1314. By Representative Steinberg of the 46th:
A bill to amend Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, so as to provide that the com missioner of corrections serve on the board; to provide for a quorum necessary to transact official business.
HB 1315. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and Alien of the 127th:
A bill to amend Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Re sources and county boards of health, so as to change the provisions for appeal of any final order or action of the Department of Human Resources to the superior court; to provide that such review shall be conducted without a jury and shall be confined to the record.
HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository.
HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks.
HB 1448. By Representative Godbee of the 110th:
A bill to amend an Act to incorporate the Town of Register and to provide a charter therefor, so as to change certain provisions relating to the town boundaries.
HB 1449. By Representative Chance of the 129th:
A bill to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority; to provide that the governing author ity of Effingham County shall not be required to levy and collect an ad valorem tax for the authority; to provide for the exercise of the powers and duties of the authority; to provide for the membership of the authority.
HB 1450. By Representative Carter of the 146th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Adel to is sue refunding bonds and which authorizes the City of Adel to issue general obli gation bonds for certain systems without regard to debt limitations.
HB 1451. By Representative Carter of the 146th:
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 creation of the Berrien County Industrial Building Authority.

MONDAY, FEBRUARY 3, 1986

283

HB 1457. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others: A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, so as to provide for the appointment of two assistant district attorneys.
HB 1459. By Representatives Ray of the 98th and Walker of the 115th: A bill reincorporating the Town of Marshallville and making the same a city, so as to increase the amount of fines which may be imposed for violating an ordi nance of the city.
HB 1461. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th: 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 creation, powers, and operation of the Downtown Dalton Development Authority.
HB 1470. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the appointment of the school superintendent by the board of education; to provide that the current school su perintendent shall serve out the remainder of the term to which such school su perintendent was elected.
HB 1474. 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 providing a new charter for the City of Athens, so as to provide that the Mayor and Council of the City of Athens shall be authorized to establish and maintain a municipal court for the City of Athens; to provide for the jurisdiction of the court.
HB 1483. By Representative Chance of the 129th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Effinghara County In dustrial Development Authority.
The House has adopted the following resolutions of the House:
HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others: A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse.
HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others: A resolution urging the training of criminal justice and social services profession als in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation.
HR 512. By Representatives Colwell of the 4th and Foster of the 6th: A resolution to amend a resolution (Res. Act No. 272) providing for the accept ance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize

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the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 505. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall be initiated upon in dictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld.
HR 506. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to provide that a judge who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 454. By Senators Deal of the 49th, Barnes of the 33rd and Peevy of the 48th:
A bill to amend Code Section 9-11-36, relating to requests for admission, so as to provide that a request for admission shall not duplicate an allegation of an origi nal pleading; to provide that any request which duplicates such an allegation shall need no reply if the allegation is denied in the original responsive pleading. Referred to Committee on Judiciary.
SB 455. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Presidential Preference Primary Law," so as to change the provisions relating to the date of the presidential preference pri mary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presidential preference primary by the Governor. Referred to Committee on Governmental Operations.
SB 456. By Senator Barnes of the 33rd: A bill to amend Code Section 44-14-470 of the Official Code of Georgia Anno tated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, so as to provide that the creation of such liens shall not be dependent upon the time elapsing from the date of injury to the date such care and treatment is provided.
Referred to Committee on Judiciary and Constitutional Law.
SB 457. By Senator Barnes of the 33rd:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice!, so as to provide procedures for obtaining relief from judgments; to re peal Code Section 9-3-21, relating to the time within which proceedings to set aside judgments shall be brought; to amend Title 23 of the Official Code of Geor-

MONDAY, FEBRUARY 3, 1986

285

gia Annotated, relating to equity, so as to repeal Code Section 23-2-1, relating to setting aside judgments in equity; to eliminate fraud as an equitable claim for setting aside a judgment.
Referred to Committee on Judiciary and Constitutional Law.
SB 458. By Senator Barnes of the 33rd:
A bill to provide for appeals from the probate court to the superior court to be on record rather than de novo proceedings; to amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to superior court, so as to provide for appellate review procedures for cases appealed from the probate court; to provide that such appeals shall be confined to the record.
Referred to Committee on Judiciary and Constitutional Law.
SB 459. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to periods of limitation and repose fo.r actions for medical malpractice, so as to provide a procedure whereby a potential defendant in an action for medical malpractice may petition the probate court for the appoint ment of a guardian ad litem for a potential plaintiff who is under a disability.
Referred to Committee on Judiciary and Constitutional Law.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1186. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th and Buck of the 95th:
A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to provide that evidence of compensa tion received for any damages from any collateral source shall be admissible and may be considered by the finder of fact; to provide that if the jury's verdict as to damages is clearly inadequate or excessive then the court may either order a new trial or modify the amount of the award.
Referred to Committee on Judiciary.
HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College.
Referred to Committee on Governmental Operations.
HB 1261. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions.
Referred to Committee on Children and Youth.

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JOURNAL OF THE SENATE

HB 1287. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to the vacation of office of certain public officials, so as to provide that suspension procedures shall be initiated upon indictment by the United States for certain felonies; to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction. Referred to Committee on Governmental Operations.
HB 1314. By Representative Steinberg of the 46th:
A bill to amend Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, so as to provide that the com missioner of corrections serve on the board; to provide for a quorum necessary to transact official business. Referred to Committee on Governmental Operations.
HB 1315. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and Alien of the 127th:
A bill to amend Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Re sources aind county boards of health, so as to change the provisions for appeal of any final order or action of the Department of Human Resources to the superior court; to provide that such review shall be conducted without a jury and shall be confined to the record. Referred to Committee on Judiciary.
HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, draftsi, or orders which are not honored by the drawee for the payment of money on any bank or other depository. Referred to Committee on Banking and Finance.
HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks. Referred to Committee on Banking and Finance.
HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others:
A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse. Referred to Committee on Children and Youth.
HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution urging the training of criminal justice and social services profession als in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation. Referred to Committee on Children and Youth.

MONDAY, FEBRUARY 3, 1986

287

HR 505. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall be initiated upon in dictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld. Referred to Committee on Governmental Operations.
HR 506. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th and others:
A resolution proposing an amendment to the Constitution so as to provide that a judge who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld. Referred to Committee on Governmental Operations.
HR 512. By Representatives Colwell of the 4th and Foster of the 6th:
A resolution to amend a resolution (Res. Act No. 272) providing for the accept ance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation. Referred to Committee on Public Utilities.
HB 1448. By Representative Godbee of the 110th:
A bill to amend an Act to incorporate the Town of Register and to provide a charter therefor, so as to change certain provisions relating to the town boundaries. Referred to Committee on Urban and County Affairs.
HB 1449. By Representative Chance of the 129th:
A bill to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority; to provide that the governing author ity of Effingham County shall not be required to levy and collect an ad valorem tax for the authority; to provide for the exercise of the powers and duties of the authority; to provide for the membership of the authority. Referred to Committee on Urban and County Affairs.
HB 1450. By Representative Carter of the 146th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Adel to is sue refunding bonds and which authorizes the City of Adel to issue general obli gation bonds for certain systems without regard to debt limitations. Referred to Committee on Urban and County Affairs.
HB 1451. By Representative Carter of the 146th:
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 creation of the Berrien County Industrial Building Authority. Referred to Committee on Urban and County Affairs.

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HB 1457. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Symre of the 92nd and others: A bill to amend an Act abolishing the fee system in the Superior Courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, so as to provide for the appointment of two assistant district attorneys.
Referred to Committee on Urban and County Affairs.
HB 1459. By Representatives Ray of the 98th and Walker of the 115th: A bill reincorporating the Town of Marshallville and making the same a city, so as to increase the amount of fines which may be imposed for violating an ordi nance of the city.
Referred to Committee on Urban and County Affairs.
HB 1461. By Representatives Williams of the 6th, Ramsey of the 3rd and Foster of the 6th: 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 creation, powers, and operation of the Downtown Dalton Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1470. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act to provide for the election of the members of the Board of Education of Paulding County, so as to provide for the appointment of the school superintendent by the board of education; to provide that the current school su perintendent shall serve out the remainder of the term to which such school su perintendent was elected.
Referred to Committee on Urban and County Affairs.
HB 1474. 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 providing a new charter for the City of Athens, so as to provide that the Mayor and Council of the City of Athens shall be authorized to establish and maintain a municipal court for the City of Athens; to provide for the jurisdiction of the court.
Referred to Committee on Urban and County Affairs.
HB 1483. By Representative Chance of the 129th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Effingham County In dustrial Development Authority.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Judiciary and Constitutional Law has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 414. Do pass. SB 434. Do pass.

MONDAY, FEBRUARY 3, 1986

289

SR 346. Do pass.

Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 299. Do pass by substitute. SB 412. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

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

SB 317. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require a finding from the director of the Environmental Protection Division as a prereq uisite to an override by a governing authority of the recommendation by the planning and development commission.

SB 318. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill per sona, alcoholics, drug dependent individuals, and drug abusers; to change definitions.

SB 350. By Senators Allgood of the 22nd and Gillis of the 20th:
A bill to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, so as to add threadfin shad and blueback herring as species that may be taken by dip net and to add cast nets as a means for taking certain species of fish; to provide an effective date.

SB 399. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that all funds collected from the assessment of an additional fee on license plates shall be re ceived and disbursed by the Department of Human Resources for the support of emergency medical services systems; to provide for the powers and duties of the department.

SB 410. By Senators Gillis of the 20th, English of the 21st and McGill of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, so as to provide for a resident and nonresident food fish dealer license; to provide for definitions; to provide for the amount of such licenses; to provide that it shall be unlawful to engage in business as a food fish dealer without a license.

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SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st 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 preservation and promotion of historic areas, gen erally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation; to provide an effective date.

SB 422. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of suc cessors to fill vacancies in such office; to provide an effective date.

SR 332. By Senators Kennedy of the 4th, Gillis of the 20th, Holloway of the 12th and others:
A resolution commending certain members of the Georgia Congressional Delega tion for their support of the Firearms Owners Protection Act.

HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th and others:
A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules.

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

Albert Allgood Baldwin Barker Barnes
Bond Bowen j?rann.on RBBrr1oo8wunn ooytff 4,467tthh. Burton Cobb Coleman Dawkins Deal Dean

English Engram Foster Garner Gillis
Greene Harris Harrison Hine Holloway Hudgms Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd Scott of 36th S_S, ttuarmr b, augh, Tate Timmons Tolleson Trulock Turner Walker

Those not answering were Senators:

Bryant Coverdell Fincher

Horton Howard

Land Tysinger (excused)

Senator Hudgins of the 15th introduced the chaplain of the day, Dr. W. B. Howell,

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291

pastor of M. L. Harris United Methodist Church, Columbus, Georgia, who offered scripture reading and prayer.
Senator McGiil of the 24th moved that the following resolution of the Senate be with drawn from the Senate Committee on Urban and County Affairs and committed to the Senate Committee on Agriculture:
SR 341. By Senators McGiil of the 24th, Reddish of the 6th, Kennedy of the 4th and others: A resolution urging the Department of Community Affairs to disapprove the is suance of industrial development bonds for certain purposes.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 341 was with drawn from the Senate Committee on Urban and County Affairs and committed to the Senate Committee on Agriculture.
Senator Dawkins of the 45th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and Constitutional Law and committed to the Senate Committee on Public Safety:
SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th: A bill to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center gener ally, so as to authorize the center to make available to any local fire department upon request a copy of the criminal history record information of an applicant for employment as a firefighter.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 391 was with drawn from the Senate Committee on Judiciary and Constitutional Law and committed to the Senate Committee on Public Safety.
Senator Brantley of the 56th asked unanimous consent to excuse Senator Tysinger of the 41st from the Senate today due to illness; the consent was granted, and Senator Ty singer of the 41st was excused from the Senate today.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 3, 1986
ELEVENTH LEGISLATIVE DAY
(The name listed with the bill is the Senator whose district is affected by the legislation.)
SB 446 Tolleson, 32nd City of Smyrna Cobb County Continues amendment which authorizes the General Assembly to create the Downtown Smyrna Development Authority in and for the city; provides au thority.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon Bryant Fincher

Howard Reddish Scott of 2nd

Timmons Tysinger (excused)

On the passage of the local bill, the yeas were 48, nays 0.
The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
January 31, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on January 31, 1986. The list is numbered 519 through 566.
Most sincerely,
M Max Cleland

MONDAY, FEBRUARY 3, 1986

293

Attachment:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the at tached list contains names and addresses of those persons, numbered 519 through 566, who have registered in the Docket of Legislative Appearance as of January 31, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 31st day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-Six and of the Independence of the United States of America the Two Hundred and Tenth.
/s/ Max Cleland Secretary of State

519. James D. King, Jr. MARTA 2200 Peachtree Summit Bldg. 401 W. Peachtree St. Atlanta, GA 30365 404/586-5049
520. Michael M. Kumpf Standard Oil of Ohio Box 7117 Atlanta, GA 30357 404/897-7738
521. D. H. (Jack) Brewer OLIN Corp. Box 2896 Lake Charles, LA 318/491-3434
522. John A. Williams, Jr. REGISTERED AGENT Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc. Southern Engineering Co. 1800 Peachtree Street, Suite 615 Atlanta, GA 30309 404/351-1455

523. Joe W. Andrews, Jr. REGISTERED AGENT Ga. Industrial Loan Assn. Home Builders of Ga. Georgia Dairy Products Assn. Professional Bail Bond Assn. Cole National Corp. Ga. Assn. of Tax Officials Ga. Assn. of Superior Court Clerks P.O. Box 801 Macon, GA 31202 912/743-8612
524. Robert G. Drummer Georgia State Employees Assn. IBEW Building, Suite 535 Pulliam Drive Atlanta, GA 30314 404/523-7884
525. Sharon M. Adams Prime Cable TV 1038 W. Peachtree St., N.E. Atlanta, GA 30309 404/874-8000
526. Jane Carney Historic Preservation 1221 Fairview Road, N.E. Atlanta, GA 30306 404/373-7198
527. Ralph S. Turner DeKalb Grand Jurors Assn. P.O. Box 430 Decatur, GA 30031 404/292-1551

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528. James A. White REGISTERED AGENT Home Builders Assn. of Georgia Georgia Dairy Products Assn. Georgia Industrial Loan Assn. Professional Bail Agents of Georgia Superior Court Clerks Tax Commissioners of Georgia 370 E. Lanier Ave. Fayetteville, GA 30214 404/461-4243
529. John F. Chambless Associated General Contractors 147 Harris Street, N.W. Atlanta, GA 30313 404/522-5941
530. Bruce Widener REGISTERED AGENT Ga. Utility Contractors Assn. Yancey Bros. Co. Ga. Equipment Distributors Assn. Ga. Drillers Assn. P.O. Box 88866 Atlanta, GA 30356 404/393-8625
531. Dr. James H. Fox, Jr. Fulton County Public Schools 786 Cleveland Ave., S.W. Atlanta, GA 30315 404/768-3600
532. Dee Baldwin, R.N. Georgia Nurses Assn. 1362 W. Peachtree, N.W. Atlanta, GA 30309 404/876-4624
533. John Zaychek Fireworks Industry 1744 Wingard Drive, N.E Marietta, GA 30062 404/565-8517 404/329-0770
534. Quinton S. King Georgia Assn. of Realtors 5775-A Glenridge Drive, NE Suite 125 Atlanta, GA 30328 404/252-2310
535. Katherine Reynolds Parent to Parent of Ga., Inc. 1447 Peachtree St., N.E. Suite 522 Atlanta, GA 30309 404/873-1442

536. Robert Shig Porter REGISTERED AGENT Memorial Medical Center, Inc. Provident Health Services, Inc. P.O. Box 23089 Savannah, GA 31403 912/356-8760
537. Donald C. Colby Pratt & Whitney P.O. Box 9903 Columbus, GA 31908 404/568-5547
538. Roger T. Lane Ga. Oilmen's Assn. 3300 N.E. Expry. Suite 8-P Atlanta, GA 30341 404/451-5916
539. Russ Weaver Gwinnett Chamber of Commerce P.O. Box 1245 Lawrenceville, GA 30246 404/963-5128
540. Jann Wheeler Gwinnett County Chamber of Commerce, Inc. 304 Club Place Duluth P.O. Box 1245 Lawrenceville, GA 30246 404/963-5128
541. Margie A. Hatfield Georgia PTA 2623 Elm Drive, S.E. Marietta, GA 30067 404/659-0214
542. Norman H. Thomas Georgia PTA 114 Baker Street, N.E. Atlanta, GA 30308 404/659-0214
543. John P. Stevens First National Bank of Atlanta P.O. Box 4148 Atlanta, GA 30342 404/588-2428
544. Tiersa Ann Hays SELF P.O. Box 13463 Capitol Station Austin, Texas 78711 512/443-8101

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295

545. Frank F. Molock C W A Retirees 279 Logan Street, S.E. Atlanta, GA 30312 404/688-1256
546. Brooks Payne Georgia Not-For-Profit Hospital Assn. 5 Collier Road, N.W. #7 Atlanta, GA 30309 404/355-1155

554. Wayne Reece REGISTERED AGENT Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc. Benton & Company United Properties, Inc. North Georgia Mountain Apple Growers Assn. Southern Engineering Company 1800 Peachtree St., Suite 615 Atlanta, GA 30309 404/351-1455

547. Alfred T. Pitman Georgia Federal Bank (F.S.B.) 20 Marietta St. Atlanta, GA 30303 404/588-2437
548. Grady Perry, Jr. Georgia League of Saving Institutions 41 Marietta Street, Suite 507 Atlanta, GA 30303 404/577-7910
549. Billy G. Adams Southeastern Farm and Power Equipment Assn. 428 Academy Ave. Dublin, GA 31021 912/272-5400

555. William D. Padgett, II Trust Co. of Georgia P.O. Box 4418 Atlanta, GA 30302 404/588-8681
556. Joy Richardson Moral Concerns 1st Baptist Church 1413 New Hope Ch. Road Tunnell Hill, GA 30755 404/673-5592
557. Jack Cory Jack Cory & Associates 317 N. Gadsden St. Tallahassee, FL 32301 904/681-8150

550. T.M. "Mort" Ewing Georgia Farm Bureau Federation and Affiliated Companies (VOID) 1775 Dixie Road Covington, GA 30209 404/787-1900

558. Bonnie Winfrey AAHCC Bradley Method of Natural Childbirth 5310 Old Bill Cook Road College Park, GA 30349 404/768-4072

551. J. Louis Hunt Georgia Farm Bureau Federation and Affiliated Companies (VOID) Route 3 LaFayette, GA 30728 404/397-2254
552. George Grimaud Georgia Farm Bureau Federation and Affiliated Companies (VOID) Tignall, GA 30668 404/285-2244

559. Judy Nevilles-Porter Residential Services Coalition 100 Edgewood Ave., N.E. Atlanta, GA 30303 404/527-7175
56- Cheryl Sarvis Georgia Assn. of Educators 208 Edgewood Drive Thomasville, GA 31792 912/226-8169

553. Philip E. Manners Paul Manners & Assoc., Inc. 2 Peachtree St., N.W., Suite 1544 Atlanta, GA 30383 404/524-0336

561. Linda Bell American College of Nurse-Midwives 9854 Hospital Drive, #120A Douglasville, GA 31034 404/949-1220

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562. Martha O. Andrews REGISTERED AGENT Atl. Chapter National Health Federation The Voice of Liberty 692 Sunnybrook Drive Decatur, GA 30033 404/633-3634
563. Patricia F. Carriere REGISTERED AGENT Georgia NOW -- Legis. Coord. DeKalb Democratic Party Young Democrats of Georgia 892 Springdale Road, N.E. #A Atlanta, GA 30306 404/373-8664 404/642-2043

564. Jackie Christopher Douglas County Assn. of Educators C-6 Dogwood Blossom Douglasville, GA 30135 404/948-7610
565 Patricia A. Dewberry Douglas County Assn. of Educators 8138 Malone Street Douglasville, GA 30134 404/942-3507
566. Verline D. Dennis Douglas County Assn. of Educators 8266 Connally Drive Douglasville, GA 30134 404/942-1246

SENATE CALENDAR
Monday, February 3, 1986
THIRTEENTH LEGISLATIVE DAY
SB 292 Contracts Between Principals in Wholesale Sales and Their Representatives--in writing (I&L--45th)
SB 293 License Plate to Commemorate Centennial of Young Harris College (Gov Op--50th)
SB 306 State Employees--commissioner of personnel may operate day-care center (SUBSTITUTE) (C&Y--25th)
SB 308 Juvenile Felon in Development Center--certain services, treatment (AMEND MENT) (C&Y--25th)
SB 313 Civil Actions--charge to jury must be in writing (SUBSTITUTE) (J&CL--33rd)
SB 322 Policeman, Prison Guard Injured on Duty--compensation (SUBSTITUTE) (Corr--4th)
SB 331 Transfer of Vehicle--bequest granted by probate judge (Gov Op--28th)
SB 348 County Surveyors Not Licensed--prohibit professional land surveying (Gov Op--28th)
SB 352 State Printing and Documents--repeal certain provisions on microforms (SUB STITUTE) (Gov Op--28th)
SB 366 Licensed Cosmetologist--sale of certain dangerous products to (Gov Op--25th)
SB 368 Persons in Business Without Proper License--examining boards may provide sanctions (SUBSTITUTE) (Gov Op--25th)
SB 377 Abatement of Nuisances--repair, demolition of certain buildings (I&L--1st)
SB 385 Pleadings--attorney's signature means that pleading is well grounded (Judy--52nd)
SB 405 Superior Court Clerks--change minimum annual salary (Gov Op--25th)
SB 413 Children's Trust Fund and Commission--establish (AMENDMENTS) (C&Y--2nd)
SB 419 Sheriffs' Minimum Salaries--population classifications (Gov Op--25th)
SB 420 Residential Finance Authority--change purposes and powers (U&CA-G--8th)

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SB 421 Abatement of Hazards--conditions for approval of owners prior to (U&CAG--8th)
SB 423 Fort Valley State College--special license plates to commemorate founding (Gov Op--38th)
SB 424 Savannah State College--special license plates to commemorate founding (Gov Op--38th)
SR 39 Candidate for United States Senator or Representative--not required to be regis tered voter (Gov Op--25th)
SR 281 Handicapped Preschool Child--encourage development of programs (C&Y--5th)
SR 288 Innocent Victims of Crime--General Assembly provide for compensation (Gov Op--25th)
SR 319 Headstart Program--urge Congress to continue funding (U&CA-G--43rd)
SR 330 State Children's Trust Fund--for child abuse programs (C&Y--2nd) HB 618 Rezoning--prohibit local government participation when personal interest in
property (U&CA-G--9th)
HB 1226 License to Carry Weapon--change provisions on residency requirement (Judy--12th)
HB 1227 Judicial Council--prior written notice for rule adoption (Judy--42nd) HB 1228 Letters of Administration--exception to surviving spouse's entitlement
(Judy--49th)
SB 330 Reports of Currency Transactions--redefine financial institution (B&F--28th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 292. By Senator Dawkins of the 45th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain con tracts between principals engaged in wholesale sales and their sales representa tives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies.
Senator Dawkins of the 45th moved that SB 292 be postponed until Monday, February 10.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 292 was post poned until Monday, February 10.
SB 293. By Senator Foster of the 50th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the centennial of the founding of Young Harris College; to provide for all related matters; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Dawkins Deal Dean English Engram

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

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

Those not voting were Senators:

Allgood Bowen Brannon

Bryant Coverdell Fincher

Timmons Tysinger (excused)

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

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

SB 306. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to authorize the com missioner of personnel administration to establish, equip, and operate day-care center facilities for the purpose of serving children who are members of house holds of employees of state government; to provide for certain fees and charges.

Senator Kidd of the 25th offered the following substitute to SB 306:

A BILL
To be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to authorize the com missioner of personnel administration in conjunction with the Georgia Building Authority to establish, equip, and operate a day-care center as a capitol hill pilot program for the pur pose of serving children who are members of households of employees of state government in and around the state capitol; to provide for certain fees and charges; to provide for rules and regulations; to provide conditions for effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
45-18-70. Notwithstanding any other provisions of law, the commissioner of personnel administration in conjunction with the Georgia Building Authority is authorized by contract or otherwise to establish, equip, and operate a day-care center as a capitol hill pilot program

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for the purpose of serving children who are members of households of employees of state government in and around the state capitol. The commissioner of personnel administration in conjunction with the Georgia Building Authority is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the state employ ees who are beneficiaries of services provided by such facility to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facility.
45-18-71. The State Personnel Board shall promulgate such rules and regulations as may be required for the effective administration of this article."
Section 2. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Burton Cobb Coverdell Dawkins Dean English Engram

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

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

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Albert Bowen Brannon

Bryant Coleman Fincher

Ray Timmons Tysinger (excused)

On the passage of the bill, the yeas were 45, nays 2.

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

SB 308. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a juvenile found to have committed a designated felony act and placed in a youth development center

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may be eligible for certain services and treatment and to participate in certain programs.

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

Amend SB 308 by striking from lines 6 through 13 of Page 1 the following:
"to provide that whenever a juvenile is found to have committed an assault or battery against a member of the staff of any institution or facility to which the child had been assigned and such act if committed by an adult would constitute a violation of Code Section 16-5-20, 16-5-21, 16-5-23, or 16-5-24, such juvenile shall be governed by the provisions of Code Section 15-11-37 or Code Section 15-11-39.1;".
By striking lines 22 through 33 of Page 2 and lines 1 through 13 of Page 3, which read as follows:
"Section 2. Said chapter is further amended by adding between Code Sections 15-11-37 and 15-11-38 a new Code Section 15-11-37.1 to read as follows:
'15-11-37.1. Whenever a juvenile is found to have committed an assault or battery against a member of the staff of any institution or facility to which the child had been assigned and such act if committed by an adult would constitute a violation of Code Section 16-5-20, 16-5-21, 16-5-23, or 16-5-24, such juvenile shall be governed by the provisions of Code Section 15-11-37 the same as if such juvenile had committed a designated felony act; provided, however, that, after a petition has been filed alleging that a child 15 years of age or older has committed an assault or battery against a member of the staff of any institution or facility to which the child had been assigned, the court shall follow the procedures speci fied in subsections (b) through (d) of Code Section 15-11-39.1 if the assault alleged to have been committed would have constituted a violation of Code Section 16-5-20, 16-5-21, 16-523, or 16-5-24 if done by an adult and the child had been found at separate court appear ances to have committed acts which would have constituted violations of Code Section 16-520, 16-5-21, 16-5-23, or 16-5-24 if done by an adult on two or more previous occasions.' "
By striking from line 14 of Page 3 the following:
"Section 3.",
and inserting in its place the following:
"Section 2."
By striking from line 9 of Page 4 the following:
"Section 4.",
and inserting in its place the following:
"Section 3."

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brannon Brantley Brown of 47th

Burton Cobb Coleman Coverdell Dawkins

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301

Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine

Holloway Howard Hudgins Huggins Kennedy Kidd Langford McGill Peevy Perry Phillips

Those not voting were Senators:

Broun of 46th Bryant Fincher

Horton Land McKenzie

Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker
Timmons Tysinger (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 313. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions the judges of the superior, state, and city courts shall be authorized but not required to reduce all or any part of their charges to the jury to writing to send all or any part of charges so reduced to writing out with the jury during deliberation.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 313:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions the judges of the superior, state, and city courts shall be authorized but not required to reduce their charges to the jury to writing and to send the charges so reduced to writing out with the jury during deliberation; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, is amended by striking Code Section 910-5, relating to reduction of jury charges to writing, and inserting in its place a new Code section to read as follows:
"9-10-5. (a) The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out (heir charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance therein who records tin; Aill charge of the trial judge in the case upon the direction of the court.
(b) In any civil action, upon motion by a party, upon request by the jury, or sua sponte, a judge of a superior, state, or city court is authorized, but shall not be required, to reduce

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all of the charge to the jury to writing and send all of the charge so reduced to writing out with the jury during its deliberation.
(c) Any charge reduced to writing under subsection (a) or (b) of this Code section shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee."
Section 2. This Act shall become effective July 1, 1986, and shall apply to actions pend ing on said effective date as well as to actions initiated on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd Land

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

Those not voting were Senators:

Broun of 46th Bryant Fincher

Foster Holloway Tate

Timmons Tysinger (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 322. By Senators Kennedy of the 4th, Garner of the 30th, Kidd of the 25th and others: A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any law enforcement officer or prison guard employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the

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303

law enforcement officer or prison guard is physically unable to perform the duties of his employment.
The Senate Committee on Corrections offered the following substitute to SB 322:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles or law enforcement officer employed by the State of Georgia who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for the period of time that any such employee or law enforcement officer is physically unable to perform the duties of his employment; to define a certain term; to provide certain limitations; to provide proce dures; to provide for a reduction in benefits provided by this Act when the injured employee or law enforcement officer is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal a specific Code section relating to compensation of employees of the Department of Corrections for injuries committed by an inmate or probationer; to repeal a specific Code section relating to compensation of employees of the State Board of Pardons and Paroles for injuries committed by an inmate or parolee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and em ployees, is amended by adding at the end thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term 'law enforcement officer' means any agent or officer employed by the State of Georgia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which em ployees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. Such term shall not include narcotics agents as provided for in Code Section 35-3-9.
(b) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compen sation as provided in this Code section.
(c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee or officer shall be required to submit to his department head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the employee or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's or officer's regular compensation.

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(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pur suant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section."
Section 2. Code Section 42-5-41 of the Official Code of Georgia Annotated, relating to compensation of members of the Department of Corrections for injuries committed by an inmate or probationer, is repealed in its entirety.
Section 3. Code Section 42-9-21.1 of the Official Code of Georgia Annotated, relating to compensation of employees of the State Board of Pardons and Paroles for injuries commit ted by an inmate or parolee, is repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Broun of 46th Bryant

Fincher

Tysinger (excused)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 331. By Senator Cobb of the 28th: A bill to amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5.

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305

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

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

Those not voting were Senators:

Broun of 46th Bryant

Fincher McKenzie

Tysinger (excused)

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

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

SB 348. By Senator Cobb of the 28th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county sur veyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Surveyors from en gaging in the private practice of professional land surveying.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley

Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Horton

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Howard Hudgins
Land Langford

McGill peevy Perry Phillips
Ray Reddish

Starr Stumbaugh Tate Tolleson
Trulock Turner

Those not voting were Senators:

Broun of 46th Bryant Fincher Holloway

McKenzie Scott of 2nd Scott of 36th

Timmons Tysinger (excused) Walker

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

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

The following resolution of the Senate was read and adopted:

SR 354. By Senators Bond of the 39th and Scott of the 36th: A resolution commending Richard Binder.

Senator Bond of the 39th introduced Richard Binder to the Senators.

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

SB 352. By Senators Cobb of the 28th and Gillis of the 20th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal certain provisions relat ing to microforms; to provide authority for the establishment of microform stan dards; to provide for applicability of other provisions of law.

The Senate Committee on Governmental Operations offered the following substitute to SB 352:

A BILL
To be entitled an Act to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal certain provisions relat ing to microforms; to require the concurrence of the Administrative Office of the Courts with respect to certain microform standards applicable to the courts; to change certain pro visions relating to limitations on liability; to provide authority for the establishment of microform standards; to provide for applicability of other provisions of law; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 6 in its entirety and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
50-18-120. The authority for the establishment of microform standards shall be vested in the State Records Committee. All powers and duties of the State Records Committee as provided in Article 5 of this chapter shall be applicable to the establishment and mainte-

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nance of microform standards in this state. With respect to microform standards for the courts, the concurrence of the Administrative Office of the Courts shall be required for the establishment of such standards.
50-18-121. Any public official or his employee who makes a bona fide attempt at compli ance with the standards established under this article shall not be liable for any damages arising from the failure of the microform to meet such standards.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Mine Holloway Howard Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Timmons Trulock Turner

Those not voting were Senators:

Barnes Broun of 46th Bryant Fincher

Horton Hudgins Reddish Scott of 36th

Tolleson Tysinger (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 366. By Senator Kidd of the 25th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of cosmetologists, so as to prohibit certain sales and transfers of certain dangerous products except to persons licensed under that chapter; to provide an exception; to provide for injunctive relief; to provide that such sales or transfers are not criminal offenses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Baldwin Barker Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Dean English

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

Kidd Langford McKenzie Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Trulock Turner Walker

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Albert Allgood Barnes Bond Broun of 46th

Bryant Fincher Horton Land McGill

Reddish Scott of 36th Timmons Tolleson Tysinger (excused)

On the passage of the bill, the yeas were 39, nays 2.

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

SB 368. By Senator Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engag ing in the practice of a business or profession without a proper license; to provide for cease and desist orders; to provide penalties; to provide for judicial review; to provide for venue.

The Senate Committee on Governmental Operations offered the following substitute to SB 368:

A BILL
To be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engaging in the practice of a business or profession without a proper license; to provide for cease and desist orders; to provide penalties; to provide for judicial review; to provide for venue; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Oiiicial Code of Georgia Annotated, relating to general provisions concerning the state examining boards, is amended by adding between Code Sections 43-1-20 and 43-1-21 a new Code Section 43-1-20.1 to read as follows:
"43-1-20.1. (a) Notwithstanding any other provisions of the law to the contrary, after

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309

notice and hearing, a state examining board may issue a cease and desist order prohibiting any person from violating the provisions of this title by engaging in the practice of a busi ness or profession without a license.
(b) The violation of any cease and desist order of a state examining board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this title shall constitute a separate violation.
(c) Initial judicial review of the decision of the board entered pursuant to this Code section or an action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to prohibit a state examining board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal
Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Muggins Kennedy Kidd Land Langford McGill

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

Those not voting were Senators:

Barnes Bond Broun of 46th Bryant

Fincher Harrison Horton Howard

Hudgins Scott of 36th Timmons Tysinger (excused)

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

310

JOURNAL OF THE SENATE

SB 377. By Senators Coleman of the 1st and Scott of the 2nd:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain restrictions on applicability of certain provisions relating to the repair, closing, or demolition of certain buildings and structures; to provide for legislative findings; to provide for applicability; to provide for definitions.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Barnes Brantley Broun of 46th Bryant

Fincher Horton Land

Scott of 2nd Timmons Tysinger (excused)

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

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

SB 385. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in courts of record, so as to provide that the signature of an attorney or party on a pleading constitutes a certificate by such person that the pleading is well grounded in fact and existing law or is a good faith argument against existing law.

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

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

MONDAY, FEBRUARY 3, 1986

311

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English

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

Those not voting were Senators:

Barnes Broun of 46th Bryant

Fincher Stumbaugh

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

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

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

SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date.

Senators Allgood of the 22nd and Albert of the 23rd offered the following amendment:
Amend SB 405 by striking on line 9, Page 2, the numbers "$32,002.00" and inserting in lieu thereof the numbers "$29,093.00".
Senator Harrison of the 37th offered the following amendment:
Amend SB 405 by changing line 11, Page 2, to read "294,999"
and line 12, Page 2, to read
"295,000". Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend SB 405 by striking the amount "$33,686.00" on Page 2, line 10, and inserting the amount "$32,768.00".
Senator Allgood of the 22nd moved that SB 405 be postponed until Tuesday, February 4.

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JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 3; the motion prevailed, and SB 405 was post poned until Tuesday, February 4.
SB 413. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define cer tain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
Senator Albert of the 23rd offered the following amendment:
Amend SB 413 by striking in their entirety lines 10 through 23 on Page 3, which read as follows:
"(b) The State Children's Trust Fund Commission shall consist of 15 members ap pointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be ap pointed to the commission unless otherwise prohibited by law; provided, however, that at least five members of the commission shall be citizens from the state at large who shall be appointed from private, nonprofit agencies and individual professions who have special ex pertise or community involvement specifically in the area of child abuse prevention.",
and inserting in lieu thereof the following:
"(b) The State Children's Trust Fund Commission shall consist of 15 members ap pointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be ap pointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual pro fessions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention ser vices, and volunteers in child abuse and neglect prevention services."
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senator Albert of the 23rd offered the following amendment:
Amend SB 413 by striking from Section 3 on Page 10, lines 1 through 21, which read as follows:
"exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certifica tion exceed the total sum of $10.00; provided, however, that the fee for a certified birth certificate shall be $15.00.
(b) Fees collected by the department under this Code section shall be deposited in the general funds of the state; provided, however, that $5.00 of any fee collected for a copy of a certified birth certificate shall be paid into the State Children's Trust Fund provided for in Code Section 19-14-20.
(c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county

MONDAY, FEBRUARY 3, 1986

313

health department; provided, however, that $5.00 of any fee collected for a copy of a certi fied birth certificate shall be paid into the State Children's Trust Fund provided for in Code Section 19-14-20.' ",
and inserting in lieu thereof the following:
"exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certi fication exceed the total sum of $10.00; provided, however, that, with respect to a certified birth certificate, a fee of $5.00 shall be charged in addition to the regular fee provided in this subsection.
(b) Fees collected by the department under this Code section shall be deposited in the general funds of the state; provided, however, that the additional $5.00 fee collected for a copy of a certified birth certificate as provided for in subsection (a) of this Code section shall be paid into the State Children's Trust Fund provided for in Code Section 19-14-20.
(c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department; provided, however, that the additional $5.00 fee collected for a copy of a certified birth certificate as provided for in subsection (a) of this Code section shall be paid into the State Children's Trust Fund provided for in Code Section 19-14-20.' "

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Bowen Brantley Broun of 46th Burton Cobb Coleman Coverdell Deal Dean English Engram Fincher

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

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

Voting in the negative was Senator Brannon.

Those not voting were Senators:

Barker Barnes Brown of 47th

Bryant Dawkins

Reddish Tysinger (excused)

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 1.

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

SB 419. 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 certain provisions relating to population classifications; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date.

Senator Allgood of the 22nd moved that SB 419 be postponed until February 4.

On the motion, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker
Brantley Broun of 46th Burton Coleman Coverdell

Dawkins Deal English
Gi,lhs Hine Howard Land McGill

Ray Scott of 2nd Starr
S,,tumbaugh late Trulock Turner Walker

Those voting in the negative were Senators:

Baldwin Bowen Brannon Brown of 47th Cobb Dean Fincher Foster Garner

Greene Harris Harrison Holloway Horton Hudgins Huggins Kennedy Kidd

Langford McKenzie Peevy Perry Phillips Reddish Scott of 36th Timmons Tolleson

Those not voting were Senators:

Barnes

Bryant

Tysinger (excused)

On the motion, the yeas were 26, nays 27; the motion was lost, and SB 419 was not postponed until February 4.
Senators Deal of the 49th and Dawkins of the 45th offered the following amendment:
Amend SB 419 by deleting from lines 5 through 7, Page 1, the following: "to change the provisions relating to additional salary for sheriffs who perform duties for other courts;" and by deleting Section 2 of the bill, the same being lines 3 through 17 on Page 3, and by renumbering "Section 3" on line 18, Page 3 as "Section 2", and by renumbering "Section 4" on line 20, Page 3, as "Section 3".

MONDAY, FEBRUARY 3, 1986

315

Senator Deal of the 49th asked unanimous consent to withdraw the amendment offered by Senators Deal of the 49th and Dawkins of the 45th.
The consent was granted, and the amendment offered by Senators Deal of the 49th and Dawkins of the 45th was withdrawn.
Senators Coleman of the 1st, Allgood of the 22nd and Scott of the 2nd offered the following amendment:
Amend SB 419 by striking in their entirety lines 7 through 17 on Page 3, which read as follows:
"15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or recorder's court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $200.00 per month from each such court served, to be paid from the funds of the county.",
and inserting in lieu thereof the following:
"15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court, juvenile court, or recorder's court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $200.00 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."
On the adoption of the amendment, the yeas were 34, nays 9, and the amendment was adopted.
Senators Allgood of the 22nd and Albert of the 23rd offered the following amendment:
Amend SB 419 by striking Section Two (2) on Page Three in its entirety.
Senator Allgood of the 22nd asked unanimous consent to withdraw the amendment of fered by Senators Allgood of the 22nd and Albert of the 23rd.
The consent was granted, and the amendment offered by Senators Allgood of the 22nd and Albert of the 23rd was withdrawn.
Senators Allgood of the 22nd and Albert of the 23rd offered the following amendment:
Amend SB 419 by striking on Page Two, line 32, the numbers
"39,946.00"
and inserting in lieu thereof the numbers
"37,333.09".
On the adoption of the amendment, the yeas were 11, nays 36, and the amendment was lost.
Senator Kidd of the 25th offered the following amendment:
Amend SB 419 by striking the quotation marks at the end of line 17 on Page 3 and inserting in lieu thereof the following:
"A sheriff who serves in more than one such court shall receive salary for service in not more than two such courts.' "

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JOURNAL OF THE SENATE

The President stated that, since the amendment offered by Senators Coleman of the 1st, Allgood of the 22nd and Scott of the 2nd was adopted, the amendment offered by Sena tor Kidd of the 25th became moot.

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

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

Those voting in the affirmative were Senators:

Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English
Engram

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

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

Those voting in the negative were Senators:

Albert

Allgood

Hine

Those not voting were Senators:

Barnes

Bryant

Tysinger (excused)

On the passage of the bill, the yeas were 50, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Allgood of the 22nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 419.
Serving as doctor of the day today was Dr. Bill Grist of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:35 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 4, 1986

317

Senate Chamber, Atlanta, Georgia Tuesday, February 4, 1986 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 318. By Representatives Coleman of the 118th, Milford of the 13th, Buck of the 95th and Hanner of the 131st:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for pay ment to the fund of the sum of $1.00 in certain civil cases filed in the state courts and magistrate courts; to provide for retirement benefits to be paid for service of less than one year in certain instances; to provide for an increase in retirement benefits.
HB 787. By Representative Bray of the 91st: A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives.
HB 795. By Representative Murphy of the 18th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act," so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business.
HB 1152. By Representative Richardson of the 52nd: 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 Admin istration, so as to change the definition of the term "unclassified service".
HB 1193. By Representative Ramsey of the 3rd: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county.

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JOURNAL OF THE SENATE

HB 1212. By Representatives McDonald of the 12th, Colbert of the 23rd, Martin of the 60th, Coleman of the 118th, Manner of the 131st and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified fireh'ghter who is a member of a fire department which has been certi fied pursuant to Article 2 of Chapter 3 of Title 25.
HB 1225. By Representative Richardson of the 52nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for restriction of child-care licenses under certain conditions.
HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.
HB 1242. By Representative Triplet! of the 128th:
A bill to amend Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, so as to eliminate certain requirements placed on a pilot to give directions for moorings and to dock ships.
HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commis sions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto.
HB 1317. By Representatives Jackson of the 9th, Thompson of the 20th, Burruss of the 20th, Hasty of the 8th, Wilson of the 20th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to pro vide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods.
HB 1335. By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents submit ted in an application for a certificate of title be sworn to before an officer author ized to administer oaths.

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HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a popu lation of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances.
HB 1339. By Representatives Bray of the 91st, Steinberg of the 46th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding public disclosure by candidates of campaign con tributions and expenditures, so as to change the definitions of contribution and expenditure.
HB 1359. By Representative Lee of the 72nd:
A bill to amend Code Section 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources.
HB 1377. By Representatives Adams of the 36th and Jackson of the 9th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered.
HB 1453. By Representative Copelan of the 106th:
A bill to amend an Act creating the board of commissioners of Greene County, so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for districts.
HB 1454. By Representative Copelan of the 106th:
A bill to provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of education of Greene County.
HB 1491. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of Emerson, so as to repeal the current provisions of said Act which provide for a police court and establish a mayor's court in lieu thereof.
HB 1492. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Supe rior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari.

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HB 1494. By Representative Oliver of the 121st: A bill to amend an Act providing for elections of members of the board of educa tion of Tattnall County, so as to change the compensation of the chairman and the members of the board.
HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Henry County as law library fees.
HB 1502. By Representative Bray of the 91st: A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation.
HB 1509. By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th: A bill to amend an Act incorporating the City of Lyons, so as to provide for appeals from the recorder's court.
HB 1510. By Representative Royal of the 144th: A bill to provide that the successor to the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 1511. By Representative Stancil of the 66th: A bill to provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to select a person to perform the duties of treasurer; to repeal an Act providing for the abolition of the office of treasurer of Oconee County and providing for the probate judge to perform the duties of the office of treasurer.
HB 1512. By Representative Stancil of the 66th: A bill to amend an Act known as the "Oconee County Public Utility Authority Act," so as to change the name of the Oconee County Public Utility Authority to the "Oconee Utility Authority"; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority.
HB 1514. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross.
HB 1515. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to remove the city manager as an ex officio member of the Board of Education of the City of Waycross.
HB 1516. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of said officer.

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HB 1517. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 1518. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court.
HB 1519. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner.
The following bills and resolution were introduced, read the first time and referred to committees:
SB 460. By Senator Deal of the 49th: A bill to amend Code Section 9-10-14 of the Official Code of Georgia Annotated, relating to forms for use by inmates in actions against government and officials of government, so as to provide that such forms shall be required only if an inmate is not represented by an attorney in the action.
Referred to Committee on Judiciary.
SB 461. By Senator Deal of the 49th: A bill to amend Code Section 9-14-48 of the Official Code of Georgia Annotated, relating to hearings in habeas corpus cases and determinations of compliance with procedural rules, so as to require the granting of relief in any case in which it is determined that there was insufficient evidence to support the judgment regardless of prior compliance with procedural rules.
Referred to Committee on Judiciary.
SB 462. By Senators Starr of the 44th and Deal of the 49th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Anno tated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to provide minimum contents and requirements for the defendant's verified petition seeking the acceptance of a plea of nolo contendere.
Referred to Committee on Judiciary.
SB 463. By Senators Starr of the 44th and Cobb of the 28th: A bill to amend Code Section 40-8-21 of the Official Code of Georgia Annotated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers; to provide a definition.
Referred to Committee on Public Safety.
SB 464. By Senator Harrison of the 37th: A bill to amend an Act re-creating and reincorporating the City of Woodstock, as amended, so as to change the corporate boundaries of the city.
Referred to Committee on Urban and County Affairs.

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SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to change certain provisions relating to the establishment and designation of com munity work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.
Referred to Committee on Human Resources.
SB 467. By Senator Tolleson of the 32nd: A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which authorizes the General Assembly to create and establish an independent school system for the City of Smyrna; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 468. By Senators Langford of the 35th, Bond of the 39th, Walker of the 43rd and others: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special proce dures for the trial and imposition of sentences in certain cases in which the de fendant is under 18 years of age; to provide for practices and procedures; to pro vide for psychiatric examinations and the use of the results thereof.
Referred to the Committee on Children and Youth.
SR 356. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee. Referred to the Committee on Rules.
Senator Perry of the 7th made the following motion:
Mr. President:
I move that the Senate grant me permission to introduce the following bill:
SB 466. By Senator Perry of the 7th:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of public roads, so as to provide for a public hearing prior to the closing, relocation, or elimination of any grade crossing by means of an overpass or underpass; to provide for notice; to provide for certain procedures.
I ask permission of the Senate because HB 123, involving the same subject matter, was withdrawn from consideration by the Senate on January 13, 1986.
On the motion, the yeas were 33, nays 0; the motion, having received the requisite twothirds majority of those voting, prevailed, and permission was granted.
SB 466 was referred to the Senate Committee on Public Utilities.

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323

The following bills of the House were read the first time and referred to committees:
HB 318. By Representatives Coleman of the 118th, Milford of the 13th, Buck of the 95th and Manner of the 131st:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for pay ment to the fund of the sum of $1.00 in certain civil cases filed in the state courts and magistrate courts; to provide for retirement benefits to be paid for service of less than one year in certain instances; to provide for an increase in retirement benefits.
Referred to Committee on Retirement.
HB 787. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives.
Referred to Committee on Governmental Operations.
HB 795. By Representative Murphy of the 18th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act," so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business.
Referred to Committee on Public Safety.
HB 1152. By Representative Richardson of the 52nd:
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 Admin istration, so as to change the definition of the term "unclassified service".
Referred to Committee on Governmental Operations.
HB 1193. By Representative Ramsey of the 3rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county.
Referred to Committee on Urban and County Affairs (General).
HB 1212. By Representatives McDonald of the 12th, Colbert of the 23rd, Martin of the 60th, Coleman of the 118th, Hanner of the 131st and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified firefighter who is a member of a fire department which has been certi fied pursuant to Article 2 of Chapter 3 of Title 25.
Referred to Committee on Transportation.

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HB 1225. By Representative Richardson of the 52nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for restriction of child-care licenses under certain conditions. Referred to Committee on Children and Youth.
HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. Referred to Committee on Governmental Operations.
HB 1242. By Representative Triplett of the 128th:
A bill to amend Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, so as to eliminate certain requirements placed on a pilot to give directions for moorings and to dock ships. Referred to Committee on Transportation.
HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commis sions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto. Referred to Committee on Urban and County Affairs (General).
HB 1317. By Representatives Jackson of the 9th, Thompson of the 20th, Burruss of the 20th, Hasty of the 8th, Wilson of the 20th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to pro vide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods. Referred to Committee on Transportation.
HB 1335. By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents submit ted in an application for a certificate of title be sworn to before an officer author ized to administer oaths. Referred to Committee on Transportation.
HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a popu lation of more than 100,000 according to the United States decennial census of

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1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances. Referred to Committee on Governmental Operations.
HB 1339. By Representatives Bray of the 91st, Steinberg of the 46th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding public disclosure by candidates of campaign con tributions and expenditures, so as to change the definitions of contribution and expenditure. Referred to Committee on Governmental Operations.
HB 1359. By Representative Lee of the 72nd:
A bill to amend Code Section 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources. Referred to Committee on Industry and Labor.
HB 1377. By Representatives Adams of the 36th and Jackson of the 9th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered. Referred to Committee on Transportation.
HB 1453. By Representative Copelan of the 106th:
A bill to amend an Act creating the board of commissioners of Greene County, so as to provide for the method of election of the chairman and members of the board of commissioners of Greene County; to provide for districts. Referred to Committee on Urban and County Affairs.
HB 1454. By Representative Copelan of the 106th:
A bill to provide for the board of education of Greene County; to provide for the method of election of the chairman and members of the board of education of Greene County. Referred to Committee on Urban and County Affairs.
HB 1491. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of Emerson, so as to repeal the current provisions of said Act which provide for a police court and establish a mayor's court in lieu thereof. Referred to Committee on Urban and County Affairs.
HB 1492. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, so as to change the provisions relating to the appointment and qualifications of the judge of the mayor's court; to repeal the provisions relating to the right of appeal to the Supe-

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rior Court of Bartow County; to provide for the right of certiorari and the writ of certiorari. Referred to Committee on Urban and County Affairs.
HB 1494. By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the board of educa tion of Tattnall County, so as to change the compensation of the chairman and the members of the board. Referred to Committee on Urban and County Affairs.
HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to provide for the collection of additional costs in cases before the Magis trate Court of Henry County as law library fees. Referred to Committee on Urban and County Affairs.
HB 1502. By Representative Bray of the 91st:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation. Referred to Committee on Urban and County Affairs.
HB 1509. By Representatives Byrd of the 153rd, Moody of the 153rd and Phillips of the 120th:
A bill to amend an Act incorporating the City of Lyons, so as to provide for appeals from the recorder's court. Referred to Committee on Urban and County Affairs.
HB 1510. By Representative Royal of the 144th:
A bill to provide that the successor to the county school superintendent of Mitchell County shall be appointed by vote of the board of education to serve at the pleasure of the board. Referred to Committee on Urban and County Affairs.
HB 1511. By Representative Stancil of the 66th:
A bill to provide that there shall be no office of treasurer of Oconee County; to provide that the governing authority of Oconee County shall be authorized to select a person to perform the duties of treasurer; to repeal an Act providing for the abolition of the office of treasurer of Oconee County and providing for the probate judge to perform the duties of the office of treasurer. Referred to Committee on Urban and County Affairs.
HB 1512. By Representative Stancil of the 66th:
A bill to amend an Act known as the "Oconee County Public Utility Authority Act," so as to change the name of the Oconee County Public Utility Authority to the "Oconee Utility Authority"; to change the short title of said Act to reflect the change in the name of the Authority; to change the method of selecting future members of the Authority. Referred to Committee on Urban and County Affairs.

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327

HB 1514. By Representative Dixon of the 151st: A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to remove from the board as an ex officio member the mayor (now city manager) of the City of Waycross.
Referred to Committee on Urban and County Affairs.
HB 1515. By Representative Dixon of the 151st: A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to remove the city manager as an ex officio member of the Board of Education of the City of Waycross.
Referred to Committee on Urban and County Affairs.
HB 1516. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 1517. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 1518. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensation and expense allowance of said judge; to change the provisions relative to the compensation and expense allowance of the solicitor of said court.
Referred to Committee on Urban and County Affairs.
HB 1519. By Representatives Hays of the 1st and Crawford of the 5th: A bill to amend an Act placing the coroner of Walker County on an annual sal ary, so as to change the provisions relating to the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 341. Do pass. Respectfully submitted, Senator McGill of the 24th District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 449. Do pass.

Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 291. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 375. Do pass by substitute.
SB 428. Do pass.
SR 334. Do pass. SR 338. Do pass.

HB 1173. Do pass. HB m8 DQ pags
HB 1219' Do pas8'

HB 790.

Do pass by substitute.

HB 1368. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

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

SR 344. Do pass.

HB 1220. Do pass.

HB 1213. Do pass.

HB 1278. Do pass.

HB 1214. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 340. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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329

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 323. Do pass by substitute. SB 351. Do pass as amended.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following 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 320. Do pass by substitute.

SR 340. Do pass.

SB 453. Do pass.

HB 1382. Do pass.

SR 339. Do pass.

HR 515. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

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

SB 452. HB 1284. HB 1328.

Do pass. Do pass. Do pass.

HB 1450. HB 1451. HB 1459.

Do pass. Do pass. Do pass.

HB 1395. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 299. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, so as to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets or otherwise when such fish are being raised for commercial purposes or for research.

SB 412. By Senators Gillis of the 20th, Trulock of the 10th, English of the 21st and others:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to authorize the commission to establish and maintain a reforestation incentives program; to provide for findings of the General Assembly; to provide for powers of the com mission in establishing and maintaining the reforestation incentives program.

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SB 414. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to renunciation of succession, so as to provide for renunciation by the beneficiary of proceeds of life insurance, the survivor upon the death of a joint tenant, or the successor to other rights or interests passing by contract or opera tion of law at the death of a property owner; to provide for all related matters.
SB 434. By Senators Dawkins of the 45th, Starr of the 44th, Holloway of the 12th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, so as to include in the definition of costs attorney's fees and related expenses in certain cases; to provide for when such costs may be demanded; to provide discretion in the court to award attor ney's fees and related expenses; to provide for all procedural matters and other matters related to the foregoing.
SR 346. By Senators Allgood of the 22nd, Peevy of the 48th, Gillis of the 20th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution adopting the "Missouri Plan" under which federal judges would be appointed by the President initially and would periodically thereafter be required to run on their records.
The President called for the morning roll call, and the following Senators answered to their names:

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

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

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

Not answering were Senators Bryant and Garner.

Senator Huggins of the 53rd introduced the chaplain of the day, Dr. Warren Moorhead, pastor of First Baptist Church of LaFayette, LaFayette, Georgia, who offered scripture read ing and prayer.

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331

The following resolutions of the Senate were read and adopted:
SR 348. By Senator Broun of the 46th: A resolution commending Coach Billy Henderson.
SR 349. By Senator Broun of the 46th: A resolution congratulating the Clarke Central High School Gladiators football team.
SR 350. By Senator Broun of the 46th: A resolution honoring University of Georgia Athletic All-Americans.
SR 351. By Senator Broun of the 46th: A resolution honoring the University of Georgia Lady Bulldog Golf Team.
SR 352. By Senator Broun of the 46th: A resolution honoring the University of Georgia Lady Bulldog Volleyball Team.
SR 353. By Senator Broun of the 46th: A resolution commending the Lady Bulldog Basketball Team of the University of Georgia.
SR 355. By Senators Harrison of the 37th, Tolleson of the 32nd, Barnes of the 33rd and Brantley of the 56th: A resolution commending the Cobb County Community School Program.
Senator Hudgins of the 15th moved that the following bill of the Senate be withdrawn from the Senate Committee on Consumer Affairs and committed to the Senate Committee on Banking and Finance:
SB 431. By Senators Engram of the 34th, Garner of the 30th and Barnes of the 33rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts and limitations on the time price differential under "The Retail Installment and Home Solicitation Sales Act," so as to change the time price differential on revolving accounts.
On the motion, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Barker Broun of 46th Burton *b CCoolveemrdaenll
Dawkins
Dean
English

Foster Gillis Harrison Hine Holloway HHouwdgairnds
Kennedy
Kidd
McGill

McKenzie Perry Phillips ^ Reddish
Scott of 2nd Scott of 36th Turner Walker

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Those voting in the negative were Senators:

Baldwin Barnes ^BBorraannndtnloeyn Deai Engram

Garner Greene Harris Horton Langford Peevy

Starr Stumbaugh TT_,oalt,,leeson Trulock Tysinger

Those not voting were Senators:

Allgood Bowen Brown of 47th

Bryant Fincher Huggins

Land Timmons

On the motion, the yeas were 29, nays 19; the motion prevailed, and SB 431 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Banking and Finance.

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

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 4, 1986 FOURTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 452 Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd City of Marietta Cobb County
Amends Act reincorporating city; de-annexes and excludes certain property from the city.

HB 1284 Holloway, 12th City of Albany Dougherty County
Provides for Joint County-Municipal Board of Registration and Elections for Dougherty County and City of Albany defines its powers, duties and respon sibilities to provide a method for the selection, resignation, and removal of its members and for filling vacancies.

HB 1328 Ray, 19th Pulaski County
Amends Act placing sheriff of county upon an annual salary; changes salary provisions relating to deputy sheriffs; provides for an additional deputy sher iff.

HB 1395 Harrison, 37th Brannon, 51st

TUESDAY, FEBRUARY 4, 1986

333

City of Canton Cherokee County
Amends Act incorporating city; changes corporate limits thereof.

HB 1450 Turner, 8th City of Adel Cook County
Continues amendment which authorizes city to issue refunding bonds and which authorizes the city to issue general obligation bonds for certain sys tems without regard to debt limitations.

HB 1451 Perry, 7th Berrien County
Continues amendment which relates to creation of Berrien County Industrial Building Authority.

HB 1459 McKenzie, 14th City of Marshallville Macon County
Reincorporates the town and makes the same a city; increases the amount of fines which may be imposed for violating an ordinance of city.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bond
Bowen Brannon
Brantley BBruorutonnof 46th C o bl, Coverdell Dawkins English Engram Fincher Foster

Garner Gillis Greene Harris
Harrison Mine
Holloway H,,ort.on J Howard Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Ray
Reddish Scott of 2nd
Scott of 36th S,,.tarr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barnes Brown of 47th Bryant

Coleman Deal Dean

Land Phillips Timmons

On the passage of all the local bills, the yeas were 46, nays 0.

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All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE CALENDAR
Tuesday, February 4, 1986
FOURTEENTH LEGISLATIVE DAY
SB 420 Residential Finance Authority--change purposes and powers (U&CA-G--8th)
SB 421 Abatement of Hazards--conditions for approval of owners prior to (U&CAG--8th)
SB 423 Fort Valley State College--special license plates to commemorate founding (Gov Op--38th)
SB 424 Savannah State College--special license plates to commemorate founding (Gov Op--38th)
SR 39 Candidate for United States Senator or Representative--not required to be regis tered voter (Gov Op--25th)
SR 281 Handicapped Preschool Child--encourage development of programs (C&Y--5th)
SR 288 Innocent Victims of Crime--General Assembly provide for compensation (Gov Op--25th)
SR 319 Headstart Program--urge Congress to continue funding (U&CA-G--43rd)
SR 330 State Children's Trust Fund--for child abuse programs (C&Y--2nd)
HB 618 Rezoning--prohibit local government participation when personal interest in property (U&CA-G--9th)
HB 1226 License to Carry Weapon--change provisions on residency requirement (Judy--12th)
HB 1227 Judicial Council--prior written notice for rule adoption (Judy--42nd)
HB 1228 Letters of Administration--exception to surviving spouse's entitlement (Judy--49th)
SB 330 Reports of Currency Transactions--redefine financial institution (B&F--28th)
SB 317 Metropolitan River Protection--prerequisite for overriding recommendation (Nat R--33rd)
SB 318 Mentally 111, Alcoholic, Drug Dependent--determination of outpatient/inpatient treatment (AMENDMENT) (Hum R--25th)
SB 350 Threadfin Shad and Blueback Herring--may be taken by dip net (Nat R--22nd)
SB 399 Additional Fee on License Plate--support of emergency medical service system (Hum R--30th)
SB 410 Food Fish Dealer--provide for resident, non-resident (Nat R--20th)
SB 411 Historic Preservation--legislative policy, powers, duties of Department of Natu ral Resources (Nat R--20th)
SB 422 Office of County Commissioner--vacancies (SUBSTITUTE) (U&CA-G--8th)
SR 332 Certain Members of Georgia Congressional Delegation--commend (Nat R--4th)
HB 1192 Health Planning Agency, Certificate of Need--certain exemptions (AMEND MENT) (Hum R--52nd)
SB 223 Fulton County Health Department Employees--option on retirement system (SUBSTITUTE) (Ret--40th)
SB 405 Superior Court Clerks--change minimum annual salary (AMENDMENTS) (Gov Op--25th)

TUESDAY, FEBRUARY 4, 1986

335

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

SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the pur poses of the authority; to change the powers of the authority; to change defini tions; to change the composition of the authority's membership; to provide for unsecured loans.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Allgood

Brannon

Bryant

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

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

Senator Timmons of the llth introduced the doctor of the day, Dr. David Wetherby, of Fort Gaines, Georgia.

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

SB 421. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change the conditions under which approval of owners or possessors of private property

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is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement.

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

On 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 Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

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

Those not voting were Senators:

Allgood Bryant

McKenzie Scott of 36th

Timmons

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

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

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confi dential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.

The Conference Committee report on HB 80 was as follows: The Committee of Conference on HB 80 recommends that both the Senate and the

TUESDAY, FEBRUARY 4, 1986

337

House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 80 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Max R. Brannon Senator, 51st District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Steve Thompson Representative, 20th District
/s/ Tom Crosby, Jr. Representative, 150th District
/s/ Rudolph Johnson Representative, 72nd District

Conference Committee substitute to HB 80:

A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to provide that the county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records furnished by any taxpayer if the board determines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers; to provide that such financial records furnished by taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5-304, relating to the approval of county tax di gests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assess ment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not ap prove any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, 5 percent of the property, by assessed value in dispute, or number of properties may be in arbitration or on appeal."
Section 2. Said part is further amended by adding a new Code Section 48-5-314 to read as follows:
"48-5-314. The county board of tax assessors may treat as confidential and refuse to disclose to any person any financial records furnished by any taxpayer if the board deter mines that such confidential treatment is necessary to protect the ability of the board to obtain similar information from taxpayers. Such financial records furnished by taxpayers shall not be subject to Article 4 of Chapter 18 of Title 50, relating to public records required to be open for public inspection."

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

Senator Garner of the 30th moved that the Senate reject the Conference Committee report on HB 80, and that a Second Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate rejected the Conference Committee report on HB 80.

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

Senators Garner of the 30th, Brannon of the 51st and Huggins of the 53rd.

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

SB 423. By Senators Tate of the 38th, McKenzie of the 14th and Barker of the 18th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Fort Valley State College; to provide for all related matters; to pro vide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Brantley Broun of 46th B_,rown of 47th SK"
Dawkins Deal Dean English Engram Fincher

Foster Garner Gillis Greene Harris Harrison HITin11e H7
Hudgins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish cocotttt oft o2n,di ****
late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Brannon

Bryant Coleman Coverdell Horton

Huggins Scott of 36th Starr Trulock

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

TUESDAY, FEBRUARY 4, 1986

339

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

SB 424. By Senators Tate of the 38th, Coleman of the 1st and Scott of the 2nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Savannah State College; to provide for all related matters; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Bowen
Borroanuntl%of A46Ktthh BBruorwtonn of 47th Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Greene
5Haarrrn!sSon HHoinlleoway Howard Kennedy Kidd Land Langford McGill

McKenzie Perry Phillips pav Reddish
Soc. ott of 2nd S,, tumb, augh, late Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Brannon Bryant

Fincher Gillis Horton Hudgins

Muggins Peevy Scott of 36th Trulock

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

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

SR 39. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section II, Paragraph HI of the Constitution is amended by strik ing said paragraph and inserting in lieu thereof a new Paragraph HI to read as follows:
"Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's

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civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state; provided, however, that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law."

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

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

"[ ] YES [ ] NO

"Shall the Constitution be amended so as to provide that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter?"

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

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

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

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

Those voting in the affirmative were Senators:

Baldwin Bond
Coverdell Dean Engram

Fincher Garner Greene Harris
Hine Holloway Hudgins

Muggins Kennedy Kidd McKenzie
Phillips Tysinger Walker

Those voting in the negative were Senators:

Albert Barnes Brantley Broun of 46th BCroolewmnaonf 47th
Dawkins
Deal
English

Foster Gillis Horton Howwd LT angf,ord,
McGill
Peevy
Perry

Ray Reddish Scott of 2nd gcott of 36th S,, tarr
Tate
Tolleson
Turner

Those not voting were Senators:

Allgood Barker Brannon

Bryant Harrison Land

Stumbaugh Timmons Trulock

TUESDAY, FEBRUARY 4, 1986

341

On the adoption of the resolution, the yeas were 22, nays 25.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 39.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 322. By Senator English of the 21st:
A resolution to amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 332), so as to provide that the State of Georgia, acting by and through the Governor, shall convey certain real property in Emanuel County under cer tain conditions.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SR 281. By Senators Burton of the 5th, Albert of the 23rd, Scott of the 2nd and others:
A resolution encouraging the development of programs and services for handi capped preschool age children in all Georgia communities.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barnes
Bond Brantley
nroun Of//^
Brown of 47th Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner
Gillis Greene
Harris
Harrjs()n Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy
Perry Phillips
Ry
Re^9h Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Barker Bowen Brannon

Bryant Howard McKenzie

Starr Timmons Trulock

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

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

SR 288. By Senator Kidd of the 25th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General As sembly to provide for additional penalty assessments in criminal cases, to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combina tion thereof for the purpose of compensating innocent victims of crime and for the adminis tration of any laws enacted for such purpose; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly is authorized to provide by law for compensating innocent victims of crimes which occur on and after July 1,1987. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to provide for additional penalty assessments in criminal cases, to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose. As provided by law, additional penalties may be assessed in any case in which any court in this state imposes a fine or orders the forfeiture of any bond in the nature of the penalty for all offenses against the criminal and traffic laws of this state or of the political subdivisions of this state. The General Assembly may provide that the pro ceeds derived from such additional penalty assessments and proceeds derived from specific taxes may be allocated for the specific purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to provide funding for such purpose, including the authority to provide for taxation and for additional penalty assessments in criminal cases and to provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime?"

All persons desiring to vote in favor of ratifying the proposed amendment 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.

TUESDAY, FEBRUARY 4, 1986

343

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brantley Broun of 46th Brown of 47th Burton Cobb Coleman
Coverdell Dawkins Deal Dean English Engram Fincher

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

Those not voting were Senators:

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

Allgood Barker Bond

Bowen Brannon Bryant

Timmons Trulock

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

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

SR 319. By Senators Walker of the 43rd, Langford of the 35th, Tate of the 38th and Bond of the 39th:
A resolution urging Congress to continue funding of community services block grants, the Headstart program, and low-income energy assistance block grants.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brantley Broun of 46th

Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris

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JOURNAL OF THE SENATE

Hine Horton Howard "udS.ins
kenne'y Kidd Land Langford

McGill McKenzie Peevy Perry
PhilliPs Rav Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate
Tolleson Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Bryant

Harrison Holloway

Timmons Trulock

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

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

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

SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Lang ford of the 35th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (f) to read as follows:

"(f) The General Assembly is authorized to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. A portion of the fees collected for marriage licenses and birth certifi cates shall be paid directly to the State Children's Trust Fund as provided by law. The General Assembly is authorized to provide for other allocations, payments, and donations to such fund. Moneys paid into the fund and disbursements therefrom shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Para graph II and moneys in the fund shall not lapse."

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

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

TUESDAY, FEBRUARY 4, 1986

""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen BBrr>rroanutnilieoyrf 4,/6v.tihBBruorwtonn of 47th Cobb
Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene TTHHTTia' nreris HHoolrltoownay Howard
Hudgins Huggins Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray RHHih rao0vccoUt.U.tIboir,.l ,,2,, nd,, fbtaortrt of 36th Stumbaugh
Tate Trulock Turner Tysinger Walker

Brannon Bryant

Harrison Kennedy (presiding)

Timmons Tolleson

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

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

HB 618. By Representatives Lane of the 27th and Adams of the 36th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit local government officials from participating in actions rezoning real property when the local government official or a member of the official's family has a direct or indirect interest in the property or in a business entity which has an interest in the property.
Senate Sponsor: Senator Phillips of the 9th.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon Bryant

Harrison Kennedy (presiding)

Timmons

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

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

HB 1226. By Representatives Chambless of the 133rd, Thomas of the 69th, Davis of the 45th and others:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry a pistol or revolver, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license.
Senate Sponsor: Senator Holloway of the 12th.

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

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

Those voting in the affirmative were Senators:

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

Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine

Holloway Howard Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray

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347

Reddish Scott of 36th Starr Stumbaugh

Tate Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Garner

Horton Kennedy (presiding)

Scott of 2nd Timmons

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

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

HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings related thereto.
Senate Sponsor: Senator Howard of the 42nd.

Senator Greene of the 26th offered the following amendment:

Amend HB 1227 by adding on line 20, Page 1, after the word "Senate"

the following: "and the Judiciary and Constitutional Law Committee of the Senate".

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

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

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

Those voting in the affirmative were Senators:

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

Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

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JOURNAL OF THE SENATE

Peevy Perry PRhaiyllips
Reddish

Scott of 36th Starr TStautme baugh
Tolleson

Trulock Turner Tysm. ger
Walker

Those not voting were Senators:

Brannon Bryant

Coverdell Kennedy (presiding)

Scott of 2nd Timmons

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

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

HB 1228. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Pannell of the 122nd:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules for granting letters of administration, generally, so as to pro vide an exception to a surviving spouse's entitlement to those letters.
Senate Sponsor: Senator Deal of the 49th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English

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

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

Those not voting were Senators:

Brannon Broun of 46th Bryant

Coleman Gillis Kennedy (presiding)

Scott of 2nd Timmons

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

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

TUESDAY, FEBRUARY 4, 1986

349

The following general bill of the Senate, having been read the third time on January 31 and postponed until February 3, was put upon its passage:

SB 330. By Senator Cobb of the 28th:
A bill to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term "financial institution" as it relates to records and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire.

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

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

Those voting in the affirmative were Senators:

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

English Engrain Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

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

Those not voting were Senators:

Brannon Bryant Coleman

Hudgins Kennedy (presiding) Phillips

Scott of 2nd Timmons

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

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

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

SB 317. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require a finding from the director of the Environmental Protection Division as a prereq uisite to an override by a governing authority of the recommendation by the planning and development commission.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Bowe" Brantley BDBgruroorwutonnnooffc 44.n67ttthuh Cobb Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene
Harris Harrison Mu i. ne Holloway Horton Howard Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th SSa,, tt. uarmrb, augh, Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant Coleman

Hudgins Kennedy (presiding)

Reddish Timmons

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

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

SB 318. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill per sons, alcoholics, drug dependent individuals, and drug abusers; to change definitions.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 318 by adding on line 18 of Page 22 and line 30 of Page 61 after the following:
"fails",
the following:
"without good cause".
By adding after the semicolon on line 19 of Page 22 and line 31 of Page 61 the following:
"and".

By striking from line 25 of Page 22 and line 3 of Page 62 the following: "; or",

and inserting in its place a period.

TUESDAY, FEBRUARY 4, 1986

351

By striking lines 26 through 28 of Page 22 and lines 4 through 6 of Page 62. By striking lines 32 through 34 of Page 22, along with line 1 of Page 23, and lines 10 through 13 of Page 62 and inserting in their place the following: "37-3-41 and shall state in the certificate that the patient reasonably appears to be an inpatient and that, because of a change in the patient's condition, the least restrictive alter native which would accomplish the treatment goals is hospitalization of the patient. That". By striking from line 12 of Page 23 and line 24 of Page 62 the following: "or",
and inserting in its place the following: "and".
By adding after the period on line 31 of Page 27 and line 12 of Page 67 the following: "In the event that an order approving continued hospitalization is entered for an indi vidual who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical officer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order." By striking from lines 20 and 21 of Page 35 and lines 2 and 3 of Page 75 the following: "or that physician's designee,", and inserting in its place the following: "or the person responsible for the patient's treatment under the direction and with approval of the physician". By striking from line 9 of Page 38 and line 23 of Page 77 the following: "may",
and inserting in its place the following: "shall".
By striking from lines 29 and 30 of Page 38 and lines 9 and 10 of Page 78 the following: "the facility's mailing", and inserting in its place the following: "receipt in writing".
Senator Kidd of the 25th offered the following amendment:
Amend the amendment to SB 318 offered by the Senate Committee on Human Re sources by striking lines 8 through 27 of Page 1 and lines 1 through 3 of Page 2.
By adding between lines 13 and 14 of Page 2 the following: "By striking line 18 of Page 33 and line 34 of Page 72 and inserting in their place the following:
'involuntarily admitted for examination, treatment, or'. By adding on line 33 of Page 34 and line 15 of Page 74 after the following: 'facility', the following:
'or the referring facility if there is a physician available there'.".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Human Re sources, the yeas were 40, nays 0, and the amendment was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

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

McKenzie Peevy Perry Phillips RBV Scott of 2nd Sg,cott of 36th S0tumb, aug,h * ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Bryant

Hine Kennedy

iding)

Land Reddish

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

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

SB 350. By Senators Allgood of the 22nd and Gillis of the 20th:
A bill to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, so as to add threadfin shad and blueback herring as species that may be taken by dip net and to add cast nets as a means for taking certain species of fish; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Brantley Broun of 46th Brown of 47th

TUESDAY, FEBRUARY 4, 1986

353

Burton Cobb Coleman Coverdell Dawkms
Dean English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill Peevy Perry

Phillips Ray Scott of 2nd Scott of 36th starr SJ_,atut^embaue6h Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant

Kennedy (presiding) Land

McKenzie Reddish

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

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

SB 399. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that all funds collected from the assessment of an additional fee on license plates shall be re ceived and disbursed by the Department of Human Resources for the support of emergency medical services systems; to provide for the powers and duties of the department.

Senator Garner of the 30th moved that SB 399 be committed to the Senate Committee on Human Resources.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 399 was commit ted to the Senate Committee on Human Resources.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate resolution and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SR 322.

Respectfully submitted,
/s/ Ed Barker, Chairman Senator, District 18

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

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JOURNAL OF THE SENATE

At 12:20 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 A.M. tomorrow.

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355

Senate Chamber, Atlanta, Georgia Wednesday, February 5, 1986 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Kidd of the 25th moved that the Senate reconsider its action of February 4 in defeating the following resolution of the Senate:
SR 39. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that a candidate for the office of United States Representative or Senator shall not be required to be a registered voter; to provide for the submission of this amend ment for ratification or rejection.
Senator Kidd of the 25th asked unanimous consent to withdraw his motion, and the consent was granted.
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 152. By Representatives Birdsong of the 104th and Waldrep of the 80th: A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, so as to provide that such cost-of-living adjustments shall apply to the surviving spouses of members who elected cost-of-living benefit ad justments and spouses benefits coverage.
HB 969. By Representatives Bannister of the 62nd, Barnett of the 59th, Stancil of the 66th, Atkins of the 21st, Cheeks of the 89th and others: A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to pro vide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft.
HB 1066. By Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th and Greene of the 130th: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales.

356

JOURNAL OF THE SENATE

HB 1105. By Representative Padgett of the 86th: A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Anno tated, relating to special license plates for former prisoners of war, so as to pro vide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate.
HB 1120. By Representative Beck of the 148th:
A bill to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate of interest under cer tain conditions.
HB 1147. By Representative Johnson of the 72nd: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day.
HB 1154. By Representative Childs of the 53rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentences by the judge in criminal cases generally, so as to provide that the judge shall have no authority to change a sentence after 60 days have passed from the imposition of such sentence.
HB 1215. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
HB 1296. By Representative Robinson of the 96th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for retention peri ods for corporate documents filed with the Secretary of State; to provide for grounds upon which a corporate name reservation may be revoked by the Secre tary of State.
HB 1323. By Representative Kilgore of the 42nd: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the com pany making application for six months prior to the time of application.
HB 1360. By Representatives Alford of the 57th, Wilson of the 20th, Pettit of the 19th, Royal of the 144th and Heard of the 43rd: A bill to amend Code Section 40-2-29.2 of the Official Code of Georgia Anno tated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates.
HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd:
A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic

WEDNESDAY, FEBRUARY 5, 1986

357

tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission.
HB 1513. By Representative Dixon of the 151st: A bill to amend an Act providing a new charter for the City of St. Marys, Geor gia, so as to change the corporate limits of the city.
HB 1522. By Representatives Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st and others: A bill to increase the amount of the homestead exemption from ad valorem taxa tion for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Cobb County actually occupied by the owner as a residence and homestead.
HB 1527. By Representatives Hill of the 83rd and Harris of the 84th: A bill to amend an Act creating a new board of commissioners of Columbia County, so as to provide for continuation of the existing board of commissioners of Columbia County until the expiration of the terms of the members; to provide for the election of the five members of the board by the voters of their respective commissioner districts.
HB 1529. By Representative Waldrep of the 80th: 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 providing that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain dis putes relating to county matters as the General Assembly may by local law provide.
HB 1531. By Representatives Jamieson of the llth and Dover of the llth: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Stephens County Develop ment Authority.
HB 1533. By Representative Waldrep of the 80th: A bill to repeal an Act entitled "An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appoint ment of officers of said town, and define their duties and powers, to provide how said town shall be governed, and for other purposes."
HB 1534. By Representative Waldrep of the 80th: A bill to amend an Act providing a new charter for the City of Forsyth, so as to include certain described properties within the corporate boundaries of the city.
HB 1535. By Representative Waldrep of the 80th: 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 creation of the Jas per County Industrial Development Authority and provisions for its powers, au thority, funds, purposes, and procedures.
HB 1540. By Representatives Isakson of the 21st, Atkins of the 21st, Lawler of the 20th, Cooper of the 20th, Johnson of the 21st and others: A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners; to change provisions relating to the chairman of said board.

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JOURNAL OF THE SENATE

HB 1546. By Representative Dixon of the 151st:
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 creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures.
HB 1547. By Representative Dixon of the 151st:
A bill to authorize the governing authority of Camden County to impose business and occupational license taxes and license fees upon persons, firms, and corpora tions doing business in the unincorporated area of the county.
HB 1548. By Representative Dixon of the 151st:
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 providing for the elec tion of members of the Board of Education of Camden County by the voters of the county.
HB 1550. By Representatives Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, McDonald of the 12th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor.
HB 1552. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Triplett of the 128th:
A bill to provide for the compensation of certain officials and judicial officers in Chatham County; to provide procedures for changing such compensation.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 519. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc.
HR 566. By Representatives Chance of the 129th and Triplett of the 128th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of intake/outfall facility.
HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Lowndes County, Georgia, to the Lowndes County Board of Commissioners.

WEDNESDAY, FEBRUARY 5, 1986

359

The House has agreed to the Senate substitute to the following bill of the House:
HB 175. By Representative Richardson of the 52nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 469. By Senator McKenzie of the 14th:
A bill to amend an Act creating a new charter for the City of Ellaville in Schley County, as amended, so as to change the composition and method of election of the mayor and council of the City of Ellaville; to provide for council districts for the election of said members; to provide for the qualifications, election, service, and terms of said members. Referred to Committee on Urban and County Affairs.
SB 470. By Senator Dawkins of the 45th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to authorize the Commissioner of Labor to waive interest payments where the delay in payment was attributable to the action or inaction of the Department of Labor; to provide an effective date. Referred to Committee on Industry and Labor.
SB 471. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-126 of the Official Code of Georgia Annotated, relating to collection of delinquent contribution payments generally under the "Employment Security Law," so as to authorize the Commissioner of Labor to settle and compromise payment disputes; to provide for the establishment of rules and regulations; to provide an effective date. Referred to Committee on Industry and Labor.
SB 472. By Senator Dawkins of the 45th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require persons, corporations, associations, or agencies regulated by the Commissioner of Labor pursuant to Title 34 or fed eral law to keep certain records; to provide for inspection of records; to provide for confidentiality of records; to provide for the payment of expenses incurred in furnishing information to public officials. Referred to Committee on Industry and Labor.
SB 473. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the "Employment Security Law," so as to provide that, in the discretion of the Commissioner of Labor, the Department of Labor may secure security bonds for employers and defray all or any portion of the costs of such bonds to the covered employers. Referred to Committee on Industry and Labor.

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JOURNAL OF THE SENATE

SB 474. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, so as to change the provisions of the definition of "driver educational motor vehicle". Referred to Committee on Banking and Finance.
SB 475. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to qualifications of magistrates, so as to provide that a magistrate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any crimi nal matter when engaged in the private practice of law; to provide for all related matters. Referred to Committee on Judiciary and Constitutional Law.
SB 476. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for certain written notice to a tenant at will or sufferance prior to a demand for possession by the purchaser of the lessor's interest at a foreclosure sale; to provide for ser vice or delivery of such notice; to provide when such notice shall be made. Referred to Committee on Judiciary and Constitutional Law.
SB 477. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend an Act amending Title 40 of the Official Code of Georgia Anno tated and providing for a motorcycle operator safety training program so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety; to change provi sions relating to the course on motorcycle operator safety. Referred to Committee on Public Safety.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 152. By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, so as to provide that such cost-of-living adjustments shall apply to the surviving spouses of members who elected cost-of-living benefit ad justments and spouses benefits coverage. Referred to Committee on Retirement.
HB 969. By Representatives Bannister of the 62nd, Barnett of the 59th, Stancil of the 66th, Atkins of the 21st, Cheeks of the 89th and others:
A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to pro vide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft.
Referred to Committee on Higher Education.

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361

HB 1066. By Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th and Greene of the 130th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales. Referred to Committee on Transportation.
HB 1105. By Representative Padgett of the 86th:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Anno tated, relating to special license plates for former prisoners of war, so as to pro vide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate. Referred to Committee on Defense and Veterans Affairs.
HB 1120. By Representative Beck of the 148th:
A bill to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate of interest under cer tain conditions. Referred to Committee on Banking and Finance.
HB 1147. By Representative Johnson of the 72nd:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day. Referred to Committee on Education.
HB 1154. By Representative Childs of the 53rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentences by the judge in criminal cases generally, so as to provide that the judge shall have no authority to change a sentence after 60 days have passed from the imposition of such sentence. Referred to Committee on Judiciary.
HB 1215. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Governmental Operations.
HB 1296. By Representative Robinson of the 96th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for retention peri ods for corporate documents filed with the Secretary of State; to provide for grounds upon which a corporate name reservation may be revoked by the Secre tary of State. Referred to Committee on Judiciary and Constitutional Law.

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JOURNAL OF THE SENATE

HB 1323. By Representative Kilgore of the 42nd:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the com pany making application for six months prior to the time of application. Referred to Committee on Public Utilities.
HB 1360. By Representatives Alford of the 57th, Wilson of the 20th, Pettit of the 19th, Royal of the 144th and Heard of the 43rd:
A bill to amend Code Section 40-2-29.2 of the Official Code of Georgia Anno tated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates. Referred to Committee on Governmental Operations.
HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd:
A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission. Referred to Committee on Natural Resources.
HB 1550. By Representatives Murphy of the 18th, Lee of the 72nd, Burruss of the 20th, Connell of the 87th, McDonald of the 12th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor. Referred to Committee on Governmental Operations.
HR 519. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc. Referred to Committee on Public Utilities.
HR 566. By Representatives Chance of the 129th and Triplett of the 128th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of intake/outfall facility. Referred to Committee on Public Utilities.
HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Lowndes County, Georgia, to the Lowndes County Board of Commissioners. Referred to Committee on Public Utilities.

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HB 1513. By Representative Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of St. Marys, Geor gia, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.
HB 1522. By Representatives Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st and others:
A bill to increase the amount of the homestead exemption from ad valorem taxa tion for county and county school district purposes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Cobb County actually occupied by the owner as a residence and homestead. Referred to Committee on Urban and County Affairs.
HB 1527. By Representatives Hill of the 83rd and Harris of the 84th:
A bill to amend an Act creating a new board of commissioners of Columbia County, so as to provide for continuation of the existing board of commissioners of Columbia County until the expiration of the terms of the members; to provide for the election of the five members of the board by the voters of their respective commissioner districts. Referred to Committee on Urban and County Affairs.
HB 1529. By Representative Waldrep of the 80th: 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 providing that the grand jury in Monroe County shall be authorized to arbitrate and resolve certain dis putes relating to county matters as the General Assembly may by local law provide.
Referred to Committee on Urban and County Affairs.
HB 1531. By Representatives Jamieson of the llth and Dover of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Stephens County Develop ment Authority. Referred to Committee on Urban and County Affairs.
HB 1533. By Representative Waldrep of the 80th:
A bill to repeal an Act entitled "An Act to incorporate the town of Eleanor, in the County of Monroe, to define its corporate limits, to provide for the appoint ment of officers of said town, and define their duties and powers, to provide how said town shall be governed, and for other purposes." Referred to Committee on Urban and County Affairs.
HB 1534. By Representative Waldrep of the 80th:
A bill to amend an Act providing a new charter for the City of Forsyth, so as to include certain described properties within the corporate boundaries of the city. Referred to Committee on Urban and County Affairs.
HB 1535. By Representative Waldrep of the 80th: 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 creation of the Jas-

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per County Industrial Development Authority and provisions for its powers, au thority, funds, purposes, and procedures. Referred to Committee on Urban and County Affairs.
HB 1540. By Representatives Isakson of the 21st, Atkins of the 21st, Lawler of the 20th, Cooper of the 20th, Johnson of the 21st and others: A bill to amend an Act creating a board of commissioners for Cobb County, so as to change the compensation provisions relating to the members of the board of commissioners; to change provisions relating to the chairman of said board.
Referred to Committee on Urban and County Affairs.
HB 1546. By Representative Dixon of the 151st: 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 creating the Kingsland Development Authority and providing for its powers, authority, funds, purposes, and procedures.
Referred to Committee on Urban and County Affairs.
HB 1547. By Representative Dixon of the 151st: A bill to authorize the governing authority of Camden County to impose business and occupational license taxes and license fees upon persons, firms, and corpora tions doing business in the unincorporated area of the county.
Referred to Committee on Urban and County Affairs.
HB 1548. By Representative Dixon of the 151st: 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 providing for the elec tion of members of the Board of Education of Camden County by the voters of the county.
Referred to Committee on Urban and County Affairs.
HB 1552. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Triplett of the 128th: A bill to provide for the compensation of certain officials and judicial officers in Chatham County; to provide procedures for changing such compensation.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 222. Do pass as amended. SB 309. Do pass by substitute.
Respectfully submitted, Senator Scott of the 2nd District, Chairman
Mr. President:
The Committee on Corrections has had under consideration the following bills of the

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365

Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 436. Do pass. SB 437. Do pass.
Respectfully submitted, Senator Garner of the 30th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 317. Do pass. HB 1175. Do pass. HB 156. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 394. Do pass as amended. Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 314. Do pass as amended. SB 326. Do pass. SB 433. Do pass.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman
Mr. President:
The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 381. Do pass as amended. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman

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Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 325. Do pass. SB 328. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

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

HB 1391. Do pass.

HB 1474. Do pass.

HB 1453. Do pass.

HB 1511. Do pass.

HB 1454. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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

SB 320. By Senator Land of the 16th:
A bill to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexaminations in con nection therewith, so as to provide that the department may require any person applying for renewal of a Georgia driver's license or any person who is the holder of a driver's license issued by another state, territory, or country who is applying for a Georgia driver's license to take and pass successfully certain examinations.

SB 323. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to remove the origi nal jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.

SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.

SB 351. By Senators Peevy of the 48th, Dawkins of the 45th and Greene of the 26th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to change the juris diction of the juvenile court regarding certain traffic offenses; to provide that courts other than the juvenile court shall have original jurisdiction of persons under 17 years of age having drivers' licenses or permits who are accused of com mitting certain traffic offenses.

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367

SB 375. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change the provisions re lating to filing notice of candidacy; to change the provisions relating to nomina tion of candidates by petition.
SB 428. By Senator Dean of the 31st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to redesignate the Georgia Council for the Arts and Hu manities as the Georgia Council for the Arts; to delete certain references to the humanities; to provide for related matters.
SB 449. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, and school grounds, so as to reflect changes in certain population classifications in accordance with the United States decennial census of 1980.
SB 453. By Senator Greene of the 26th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, so as to change the general maximum speed limit on certain roads and streets; to provide for all related matters.
SR 291. By Senators Broun of the 46th, Holloway of the 12th, Harris of the 27th and others:
A resolution creating the Senate Small Businesses in Georgia Study Committee.
SR 334. By Senators Bond of the 39th, Scott of the 2nd, Trulock of the 10th and others:
A resolution creating the Governor's Commission on Black on Black Crime.
SR 338. By Senator Starr of the 44th:
A resolution to re-create the Commission on Governmental Liability; to provide for the membership, powers, and duties of the commission; to provide for staff support for the commission; to provide for the expenditure of funds and the pay ment of expenses; to provide for the expiration of the commission.
SR 339. By Senators Kennedy of the 4th, Bryant of the 3rd and Gillis of the 20th:
A resolution designating that portion of State Highway 67 in the unincorporated area of Bryan County as the Dr. W. K. Smith Highway.
SR 340. By Senators Bowen of the 13th and Holloway of the 12th:
A resolution urging the National Highway Traffic Safety Administration (NHTSA) to amend its 1987 and 1988 corporate average fuel economy (CAFE) standards for passenger cars to a level of 26.0 miles per gallon (mpg) and to promulgate light truck standards for future model years that likewise reflect an appropriate balance between reasonable energy conservation needs and economic considerations, including jobs in the State of Georgia.

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SR 341. By Senators McGill of the 24th, Reddish of the 6th, Kennedy of the 4th and others:
A resolution urging the Department of Community Affairs to disapprove the is suance of industrial development bonds for certain purposes.
SR 344. By Senators Perry of the 7th, Reddish of the 6th, Turner of the 8th and others:
A resolution urging the Congress of the United States to take all appropriate actions to require that a defendant upon whom a sentence of death has been imposed in any trial in a court of any state must file all appeals and motions for writs of habeas corpus in federal courts within 12 months following the review of such case by the highest appellate court of the state in which the sentence was imposed or forever be barred from seeking relief in federal courts.
HB 790. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th and Selman of the 32nd:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for the purpose of offering any goods or services for sale when such use involves an automated system for the selection of dialing of numbers and the playing of a recorded message.
HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-10-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated,; to reenact the statutory portion of the Official Code of Geor gia Annotated, as amended.
HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending Title 47 of the Official Code of Georgia Annotated.
HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain purposes.
HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-7-27 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Barbers, so as to provide for the

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continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd:
A bill to amend Code Section 15-10-101 of the Official Code of Georgia Anno tated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a constable.
HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes connected therewith.
HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to pro vide for reimbursement by counties of expenses of training.
HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to authorize the com missioner of transportation to issue a permit in writing authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions.
HR 515. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the re peal of the resolution.
The President called for the morning roll call, and the following Senators answered to their names:

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

Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway

Horton Howard Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh

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Tate Tolleson

Turner Tysinger

Those not answering were Senators:

Hudgins Langford

Reddish Scott of 36th

Walker
Timmons Trulock

Senator Greene of the 26th introduced the chaplain of the day, Dr. James W. (Jimmy) Waters, pastor of Tattnall Square Baptist Church, Macon, Georgia, who offered scripture reading and prayer.
Senator Garner of the 30th introduced Mrs. Berrier, widow of Mr. Chuck Berrier, to whom the Senate expressed sympathy by SR 335, adopted previously.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 5, 1986
FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1391 McGill, 24th Oglethorpe County Continues amendment which creates Oglethorpe County Development Au thority.
HB 1453 McGill, 24th Greene County Amends Act creating board of commissioners; provides for method of election of chairman and members of board of commissioners.
HB 1454 McGill, 24th Greene County Provides for board of education; provides for method of election of chairman and members of board of education.
HB 1474 Broun, 46th City of Athens Clarke County Amends Act providing new charter for city; provides that mayor and council of city shall be authorized to establish and maintain a municipal court for city; provides for jurisdiction.
HB 1511 Broun, 46th Oconee County Provides that there shall be no office of treasurer of county; provides that the governing authority of county shall be authorized to select a person to per form the duties of treasurer; repeals an Act providing for abolition of office of treasurer of county and provides for probate judge to perform duties of trea-

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371

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

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

Those voting in the affirmative were Senators:

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

Dean English Foster Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Coverdell Engram

Fincher Garner Horton

Scott of 2nd Scott of 36th

On the passage of all the local bills, the yeas were 48, nays 0.

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

SENATE CALENDAR
Wednesday, February 5, 1986
FIFTEENTH LEGISLATIVE DAY
SB 410 Food Fish Dealer--provide for resident, non-resident (Nat R--20th)
SB 411 Historic Preservation--legislative policy, powers, duties of Department of Natu ral Resources (Nat R--20th)
SB 422 Office of County Commissioner--vacancies (SUBSTITUTE) (U&CA-G--8th)
SR 332 Certain Members of Georgia Congressional Delegation--commend (Nat R--4th)
HB 1192 Health Planning Agency, Certificate of Need--certain exemptions (AMEND MENT) (Hum R--52nd)
SB 223 Fulton County Health Department Employees--option on retirement system (SUBSTITUTE) (Ret--40th)
SB 405 Superior Court Clerks--change minimum annual salary (SUBSTITUTE) (AMENDMENTS) (Gov Op--25th)
SB 299 Fish Raised Commercially for Research--nets to catch unlawful (SUBSTITUTE) (Nat R--25th)

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SB 412 Forestry Commission--establish reforestation incentives program (AMEND MENT) (Nat R--20th)
SB 414 Life Insurance Proceeds--provisions for renunciation by beneficiary (AMEND MENT) (J&CL--33rd)
SB 434 Civil Cases--attorney's fees in definition of costs (J&CL--45th)
SR 346 Missouri Plan--urge United States Congress propose amendment to Constitution adopting (J&CL--22nd)

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

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

SB 410. By Senators Gillis of the 20th, English of the 21st and McGill of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, so as to provide for a resident and nonresident food fish dealer license; to provide for definitions; to provide for the amount of such licenses; to provide that it shall be unlawful to engage in business as a food fish dealer without a license.

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kidd Land Langford

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

Those not voting were Senators:

Coverdell Harrison

Howard Kennedy (presiding)

Scott of 36th Timmons

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

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

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373

SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st 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 preservation and promotion of historic areas, gen erally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation; to provide an effective date.
Senator Gillis of the 20th moved that SB 411 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 411 was commit ted to the Senate Committee on Natural Resources.
SB 422. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of suc cessors to fill vacancies in such office; to provide an effective date.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 422:
A BILL
To be entitled an Act to amend Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of successors to fill vacancies in such office and provide for compensation for filling certain vacancies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling of vacancies in the office of county commissioner, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"36-5-21. (a) When a vacancy occurs in the office of county commissioner in any county in which the local Act creating a board of county commissioners for the county makes no provision for succession to fill the vacancy and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, the 'Georgia Election Code,' and the cost of the election shall be defrayed by the proper county authori ties. If the unexpired term to be filled is less than six months in duration, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term.
(b) Unless otherwise provided by local law, when the office of any county commissioner is vacated for any reason and a special election is required to be called pursuant to subsec tion (a) of this Code section, the remaining members of the board of commissioners shall constitute the governing authority of the county during the interim period between the crea tion of the vacancy and the election and qualification of a successor to fill the vacancy pur suant to subsection (a) of this Code section, except that if as a result of that vacancy or any combination of such vacancies there is no longer any commissioner remaining in office to constitute the county governing authority, the judge of the probate court of the county shall serve as the county governing authority until the election and qualification under subsection

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(a) of this Code section of all successors to the vacated positions on the county governing authority.
(c) A judge of the probate court serving as the county governing authority pursuant to subsection (b) of this Code section shall receive for such service, in addition to any other compensation that judge is authorized by law to receive, an amount equal to the amount the chairman of the board of commissioners or the sole commissioner, as applicable, would have been authorized to receive for that period of service."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

Engram Fincher Foster Garner Gillis Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie
Peevy Perry Phillips Ray Reddish Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman Coverdell Deal

Greene Harris Kennedy (presiding)

Scott of 2nd Scott of 36th Timmons

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

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

The President resumed the Chair.

SR 332. By Senators Kennedy of the 4th, Gillis of the 20th, Holloway of the 12th and others:
A resolution commending certain members of the Georgia Congressional Delega tion for their support of the Firearms Owners Protection Act.

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375

Senator Kennedy of the 4th moved that SR 332 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 332 was commit ted to the Senate Committee on Natural Resources.
HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th and others: A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the affective date of those rules.
Senate Sponsor: Senator Mine of the 52nd.
The Senate Committee on Human Resources offered the following amendment to HB 1192:
Amend HB 1192 by adding on line 4 of Page 1 after the following:
"applicability of,
the following:
"the state health plan or".

By adding on line 5 of Page 1 after the following: "date of, the following: "that plan or".

By striking from line 14 of Page 1 the following: "Rules",

and inserting in its place the following: "The state health plan or the rules".

By striking from line 19 of Page 1 the following: "rules",

and inserting in its place the following: "plan or rules, respectively,".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant

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Burton Cobb Coverdell Dawkins ?> eal
E"hnneggau"rasmh, Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton
HH_,uogwgairnds Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray
RS_ teudmdib,sahug,h Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Coleman Hudgins Scott of 2nd

Scott of 36th Starr

Timmons Tolleson

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

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

Senator Hine of the 52nd moved that HB 1192 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1192 was imme diately transmitted to the House.

Senator Coverdell of the 40th moved that the following bill of the Senate, having been read the third time on January 31 and postponed until February 4, be postponed until Feb ruary 6:

SB 223. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employ ees' Retirement System of Georgia, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local re tirement system.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 223 was post poned until February 6.

The following general bill of the Senate, having been read the third time on February 3 and postponed until February 4, was put upon its passage:

SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date.

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377

Senators Coleman of the 1st and Scott of the 2nd offered the following amendment:

Amend SB 405 by striking on Page 2, line 10, the amount "$33,686.00" and inserting in lieu thereof the amount "$32,768.00".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Harrison of the 37th offered the following amendment:

Amend SB 405 by changing the figure on Page 2, line 11, to read "294,999" and on Page 2, line 12, to read "295,000".

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

Senator McKenzie of the 14th offered the following substitute to SB 405:

A BILL

To be entitled an Act to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:

"15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999 .................................................. $14,746.00 6,000 -- 11,999 .................................................. $20,249.00 12,000 -- 19,999 .................................................. $22,938.00 20,000 -- 29,999 .................................................. $24,576.00 30,000 -- 39,999 .................................................. $26,214.00 40,000 -- 49,999 .................................................. $27,852.00 50,000 -- 99,999 .................................................. $29,491.00 100,000 -- 199,999 .................................................. $31,130.00 200,000 -- 249,999 .................................................. $32,768.00 250,000 -- 299,000 .................................................. $45,315.00 300,000 -- and up ................................................... $50,023.00"

Section 2. This Act shall become effective on January 1, 1987.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 405 offered by Senator McKenzie of the 14th by adding after the first semicolon on line 4 of Page 1 the following:
"to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to compensation of clerks of superior court for service in other courts, so as to change the provisions for entitlement to and amount of such compensation;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding after Section 1 a new Section 2 to read as follows:
"Section 2. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to compensation of clerks of superior court for service in other courts, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:
'15-6-89. In addition to the minimum salary provided in Code Section 15-6-88, each clerk of the superior court of any county who also serves as clerk of a state court, juvenile court, or civil court under any applicable general or local law of this state shall, for his services in one or more of such other courts, have his minimum salary increased by $200.00 per month, to be paid from the funds of the county. A clerk who serves in more than one such court shall receive only one such $200.00 increase in his minimum salary. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court. Notwithstanding the foregoing, no increase in minimum salary shall apply to a clerk of superior court for the performance of the duties of clerk of juvenile court in a jcuodugnety.'"which does not have a separate juvenile court judge who is not a superior court

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brantley Broun of 46th BBrroywannt of 47th
Burton
Cobb
Coleman
Coverdell

English Engram Fincher Gillis Greene R; H...me
Holloway
Kennedy
Land
McGill

McKenzie Perry Ray Reddish Scott of 2nd s cS.*tumbi_ augih_
Tolleson
Trulock
Turner
Tysinger

Those voting in the negative were Senators:

Baldwin Barnes Bond Brannon Deal Dean

Foster Garner Harrison Horton Howard Huggins

Kidd Langford Peevy Phillips Tate Walker

WEDNESDAY, FEBRUARY 5, 1986

379

Those not voting were Senators:

Dawkins Hudgins

Scott of 36th

Timmons

On the adoption of the amendment, the yeas were 34, nays 18, and the amendment was adopted.

Senator Kidd of the 25th moved that SB 405 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 28, nays 13; the motion prevailed, and SB 405 was com mitted to the Senate Committee on Governmental Operations.

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

SB 299. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, so as to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets or otherwise when such fish are being raised for commercial purposes or for research.

The Senate Committee on Natural Resources offered the following substitute to SB 299:

A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, so as to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets when such fish are being raised for commercial purposes or for research, provided that signs are conspicuously posted in and around such waters indicating that such fish are being raised for commercial purposes or for research; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, is amended by striking Code Section 274-2 in its entirety and inserting in lieu thereof a new Code Section 27-4-2 to read as follows:
"27-4-2. (a) It shall be unlawful for any person to fish in the waters or from upon the lands of another without first having obtained permission from the landowner or person in charge of such lands, provided that nothing contained in this Code section shall be con strued to apply to the fishing or taking of fish, other than oysters, clams, and other shellfish, in any of the salt-water creeks, streams, or estuaries leading from the Atlantic Ocean or from the sounds, rivers, or bays surrounding the several islands of this state. It shall also be unlawful for any person to obstruct or interfere with the right of any other person to fish in these salt-water creeks, streams, or estuaries leading from the Atlantic Ocean or from the sounds, rivers, or bays surrounding the several islands of this state. Conservation rangers, sheriffs, deputy sheriffs, and all other peace officers of this state or of any county or munici pality thereof shall enforce this Code section.

(b) Notwithstanding the provisions of subsection (a) of this Code section, it shall be unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets when such fish are being raised for commercial purposes or for

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research, provided that signs are conspicuously posted in and around such waters indicating that such fish are being raised for commercial purposes or for research. Any person violating the provisions of this subsection shall, upon conviction thereof, be punished by a fine of not more than $10,000.00 or by imprisonment for not less than one nor more than five years, or both."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen B,,BrB> rrroaannuntnl,oeonyff 4^6itih. BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis uuGHHraaerrerriinsseon HHoinlleoway
Horton Howard Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips j^ RorQ>ceodjt.dt-isoh,t,, 2,,nd,
Sttaurmrb, augh,
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Hudgins

Scott of 36th

Timmons

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

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

Senator Kennedy of the 4th introduced the doctor of the day, Dr. Curtis Hames, of Claxton, Georgia.

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

SB 412. By Senators Gillis of the 20th, Trulock of the 10th, English of the 21st and others:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to authorize the commission to establish and maintain a reforestation incentives program; to

WEDNESDAY, FEBRUARY 5, 1986

381

provide for findings of the General Assembly; to provide for powers of the com mission in establishing and maintaining the reforestation incentives program.

The Senate Committee on Natural Resources offered the following amendment:
Amend SB 412 by adding on line 28 of Page 2, between the word "seedlings" and the word "to", the following:

"or equipment".

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

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

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

Those voting in the affirmative were Senators:

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

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Langford

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

Those not voting were Senators:

Harrison Hudgins

Land

Timmons

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

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

SB 414. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to renunciation of succession, so as to provide for renunciation by the beneficiary of proceeds of life insurance, the survivor upon the death of a joint tenant, or the successor to other rights or interests passing by contract or opera tion of law at the death of a property owner; to provide for all related matters.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

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

Those not voting were Senators:

Brannon Brown of 47th

Foster Garner

Land Timmons

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

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

SB 434. By Senators Dawkins of the 45th, Starr of the 44th, Holloway of the 12th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, so as to include in the definition of costs attorney's fees and related expenses in certain cases; to provide for when such costs may be demanded; to provide discretion in the court to award attor ney's fees and related expenses; to provide for all procedural matters and other matters related to the foregoing.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

WEDNESDAY, FEBRUARY 5, 1986

383

Howard Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators Brown of 47th and Scott of 36th.

On the passage of the bill, the yeas were 54, nays 2.

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

SR 346. By Senators Allgood of the 22nd, Peevy of the 48th, Gillis of the 20th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution adopting the "Missouri Plan" under which federal judges would be appointed by the President initially and would periodically thereafter be required to run on their records.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes owen ranf.on tfrantley BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison ",,o,,lloway
Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd 0Sco.t.t of.. 3,,,,6.t,h
Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond

Hine

Tate

Not voting was Senator Fincher.

On the adoption of the resolution, the yeas were 52, nays 3.

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

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The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 14. By Representative Bolster of the 30th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that when a youth in the cus tody of the Division of Youth Services is tried as an adult and convicted of a felony, such youth shall no longer be subject to the jurisdiction and custody of the Division of Youth Services.

The Conference Committee report on HB 14 was as follows:
The Committee of Conference on HB 14 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 14 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Floyd Hudgins Senator, 15th District
/s/ Albert J. Scott Senator, 2nd District
/s/ Arthur Langford Senator, 35th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Paul Bolster Representative, 30th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
Donald F. Oliver Representative, 1st District

Conference Committee substitute to HB 14:

A BILL
To be entitled an Act to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that certain discharges from the custody of the Division of Youth Services shall not be made prior to the expiration of one year of custody; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by striking in its entirety subparagraph (e)(2)(C) and inserting in its place a new subparagraph (e)(2)(C) to read as follows:
"(C) The juvenile shall not be discharged from the custody of the division unless a motion therefor is granted by the court, which motion shall not be made prior to the expira tion of one year of custody; and".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Langford of the 35th moved that the Senate adopt the Conference Committee report on HB 14.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Bryant Burton

WEDNESDAY, FEBRUARY 5, 1986

385

Cobb Coleman Coverdell Dawkins Deal Dean Engram Foster Gillis Harris Harrison
Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy
Perry Phillips

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

Those not voting were Senators:

Brown of 47th English

Fincher Garner

Greene Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 14.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:43 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 6, 1986 Sixteenth 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 Ray of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 460. By Representative Ramsey of the 3rd: A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board.
HB 840. By Representative Evans of the 84th: A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.
HB 1162. By Representative Robinson of the 58th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change the provi sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation.
HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th: 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 the filling of vacancies in the offices of the judge of probate court in certain counties; to pro vide that in counties where a chief clerk of the probate judge has been appointed, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge.
HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Srnyre of the 92nd, Benefield of the 72nd and others: A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

THURSDAY, FEBRUARY 6, 1986

387

HB 1295. By Representatives Couch of the 40th and Watson of the 114th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter.
HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommoda tions are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance.
HB 1341. By Representative Ramsey of the 3rd:
A bill to amend the Official Code of Georgia Annotated so as to change the provi sions relating to impersonating a public officer or employee; to repeal the provi sions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety.
HB 1355. By Representatives Pannell of the 122nd, Chambless of the 133rd, Hooks of the 116th and Childers of the 15th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain filing requirements for audits of authorities.
HB 1356. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta and creating a new charter for said city, so as to change the corporate limits of said city.
HB 1357. By Representative Jackson of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to pro vide that duplicate license plates, county name decals, and revalidation stickers may be obtained from the county tag agent.
HB 1362. By Representatives Crosby of the 150th, Wilson of the 20th, Burruss of the 20th and Murphy of the 18th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that sales trans actions for which food stamps or WIC coupons are used as the medium of ex change shall be exempt from sales and use taxes.
HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, currency, and pro ceeds of forfeited property received and the expenditure of the funds during the previous 12 months.

388

JOURNAL OF THE SENATE

HB 1367. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, so as to provide that all appeals of convictions under Article 2 of Title 40 be by writ of certiorari.
HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, so as to pro vide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications.
HB 1441. By Representative Mostiler of the 75th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to change cross ref erences to other laws and to provide for other matters relative thereto.
HB 1554. By Representatives Alien of the 127th, Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th:
A bill to repeal an Act entitled "An Act to provide for the compensation of cer tain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws.", approved April 12, 1982.
HB 1557. By Representatives Lawler of the 20th, Cooper of the 20th, Wilson of the 20th, Thompson of the 20th, Burruss of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 509. By Representatives Williams of the 6th, Wilson of the 20th, Murphy of the 18th, Burruss of the 20th, Ramsey of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional sources of revenue for local school systems.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1237. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to create the board of education of the Liberty County School District; to provide for a seven-member board of education consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected.

THURSDAY, FEBRUARY 6, 1986

389

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 478. By Senator Harris of the 27th:
A bill to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional em ployees, so as to provide that certain notices required in such procedures must be given by certified mail.
Referred to Committee on Education.
SB 479. By Senator Dawkins of the 45th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which was pro posed by Resolution Act No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election and which relates to appointment of the Rockdale County school superintendent; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 480. By Senators Broun of the 46th, Hudgins of the 15th, Kidd of the 25th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide minimum monthly salaries for certain full-time peace officers; to provide for applicability; to provide for a statement of intent; to provide for con struction; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 481. By Senator Dawkins of the 45th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which was pro posed by Resolution Act No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election and which relates to election of the Rockdale County board of education; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 482. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations.
Referred to Committee on Human Resources.
SB 483. By Senators Allgood of the 22nd, English of the 21st, Bowen of the 13th and others:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel, so as to provide for additional certification procedures; to provide for restrictive certifications by subarea; to provide criteria and procedures; to provide for hearings; to provide for matters relative to the foregoing.
Referred to Committee on Education.

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SB 484. By Senator Bond of the 39th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Morehouse College; to provide for all related matters; to provide an effective date.
Referred to Committee on Governmental Operations.
SB 485. By Senators Coverdell of the 40th and Brantley of the 56th:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to the requirements for safety belts for motor vehicles and safety re straints for children being transported in motor vehicles, so as to provide that children over three years of age but under 12 years of age shall be protected by safety belts while being transported in motor vehicles; to provide for penalties.
Referred to Committee on Public Safety.
SB 486. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to be entitled an Act to create the South Cobb County Courthouse Facili ties Study Commission; to provide for the members of the commission and their selection and service; to provide that the duties of the commission shall be to undertake the study of the desirability and feasibility of locating a courthouse annex, satellite courthouse facilities, or other similar facilities in the southern part of Cobb County.
Referred to Committee on Urban and County Affairs.
SB 487. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to be entitled an Act to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to change the compensation of the chairman and other members of the board of education; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SR 357. By Senator Kidd of the 25th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution; to provide an effective date.
Referred to Committee on Public Utilities.
SR 358. By Senators Garner of the 30th, Kennedy of the 4th, Greene of the 26th and others:
A resolution proposing an amendment to the Constitution so as to prohibit a county from exercising the power of eminent domain inside the boundaries of any other county, except with approval of the governing authority of such other county; to prohibit a municipality from exercising the power of eminent domain inside the boundaries of any county if no part of such county is encompassed within the corporate limits of said municipality; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

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The following bills and resolution of the House were read the first time and referred to committees:
HB 460. By Representative Ramsey of the 3rd:
A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board. Referred to Committee on Public Safety.
HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property. Referred to Committee on Judiciary.
HB 1162. By Representative Robinson of the 58th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change the provi sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation. Referred to Committee on Judiciary.
HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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 the filling of vacancies in the offices of the judge of probate court in certain counties; to pro vide that in counties where a chief clerk of the probate judge has been appointed, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge. Referred to Committee on Governmental Operations.
HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986. Referred to Committee on Appropriations.
HB 1295. By Representatives Couch of the 40th and Watson of the 114th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter. Referred to Committee on Industry and Labor.
HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommoda-

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tions are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance. Referred to Committee on Human Resources.
HB 1341. By Representative Ramsey of the 3rd:
A bill to amend the Official Code of Georgia Annotated so as to change the provi sions relating to impersonating a public officer or employee; to repeal the provi sions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety. Referred to Committee on Public Safety.
HB 1355. By Representatives Pannell of the 122nd, Chambless of the 133rd, Hooks of the 116th and Childers of the 15th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain filing requirements for audits of authorities. Referred to Committee on Human Resources.
HB 1357. By Representative Jackson of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to pro vide that duplicate license plates, county name decals, and revalidation stickers may be obtained from the county tag agent. Referred to Committee on Governmental Operations.
HB 1362. By Representatives Crosby of the 150th, Wilson of the 20th, Burruss of the 20th and Murphy of the 18th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that sales trans actions for which food stamps or WIC coupons are used as the medium of ex change shall be exempt from sales and use taxes. Referred to Committee on Banking and Finance.
HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, currency, and pro ceeds of forfeited property received and the expenditure of the funds during the previous 12 months. Referred to Committee on Public Safety.
HB 1367. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, so as to provide that all appeals of convictions under Article 2 of Title 40 be by writ of certiorari. Referred to Committee on Judiciary and Constitutional Law.

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HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, so as to pro vide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications.
Referred to Committee on Urban and County Affairs (General).

HB 1441. By Representative Mostiler of the 75th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to change cross ref erences to other laws and to provide for other matters relative thereto.
Referred to Committee on Education.

HR 509. By Representatives Williams of the 6th, Wilson of the 20th, Murphy of the 18th, Burruss of the 20th, Ramsey of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional sources of revenue for local school systems.
Referred to Committee on Banking and Finance.

HB 1356. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta and creating a new charter for said city, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

HB 1554. By Representatives Alien of the 127th, Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th:
A bill to repeal an Act entitled "An Act to provide for the compensation of cer tain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws.", approved April 12, 1982.
Referred to Committee on Urban and County Affairs.

HB 1557. By Representatives Lawler of the 20th, Cooper of the 20th, Wilson of the 20th, Thompson of the 20th, Burruss of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 307. Do pass by substitute.

SB 396. Do pass.

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HB 595. HB 1281.

Do pass as amended.

HB 1364. Do pass.

Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 418. SB 455. HB 787. HB 1236.

Do pass by substitute.

HB 1258.

Do pass. Do pass.

HB 1314.

Do pass.

HB 1338.

Respectfully submitted,

Do pass. Do pass. Do pass by substitute.

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1233. Do pass as amended.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 448. Do pass. SB 454. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 442. Do pass. SB 444. Do pass.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

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395

Mr. President:

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

SB 393. Do pass.

SB 463. Do pass.

SB 417. Do pass by substitute.

SB 477. Do pass.

SB 451. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement 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 304. Do pass by substitute.

HB 422. Do pass.

HB 67. Do pass.

HB 612. Do pass.

HB 186. Do pass. HB 251. Do pass.

HB 666. Do pass. HB 779. Do pass.

HB 391. Do pass.

HB 828. Do pass.

HB 416. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

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

SB 467. Do pass.

HB 1408. Do pass.

SB 469. Do pass.

HB 1409. Do pass.

HB 906. Do pass by substitute.

HB 1448. Do pass.

HB 1403. Do pass.

HB 1449. Do pass.

HB 1404. Do pass.

HB 1483. Do pass.

HB 1405. Do pass.

HB 1494. Do pass.

HB 1406. Do pass.

HB 1510. Do pass.

HB 1407. 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 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist in the funding of juvenile intake workers and juvenile probation officers in

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counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
SB 309. By Senator Kidd of the 25th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child.
SB 314. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or otherwise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding.
SB 325. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties.
SB 326. By Senator Phillips of the 9th:
A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or mis leading statements concerning the reasons for or purpose of any seminar or meet ing shall constitute a deceptive trade practice under certain circumstances.
SB 328. By Senators Tolleson of the 32nd, Brantley of the 56th, Harrison of the 37th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to appli cation of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.
SB 381. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies, shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or a registered professional nurse.
SB 394. By Senator Burton of the 5th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the provisions relating to exemptions from applicable stan dards and specifications; to provide an effective date.
SB 433. By Senator Horton of the 17th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act

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397

of 1975," so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground member ships and marine memberships, the failure by the seller to complete the cancella tion form, or the failure to honor cancellations.
SB 436. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to permit war dens and superintendents to deputize persons in their employ; to permit the commissioner of corrections to confer police officers' power to necessary people in his employment; to provide an effective date.
SB 437. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and attendance at authorized committee meetings out of the state; to provide an ef fective date.
SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the li censing of vehicles and provide that the proceeds derived therefrom may be ap propriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties; to provide for the submission of this amendment for ratification or rejection.
HB 156. By Representatives Edwards of the 112th and Dunn of the 73rd:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic.
HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen Brannon Brantley Broun of 46th Brown of 47th Burton

Cobb Coleman Dawkins Deal Dean English Engram Fincher Foster Garner

Gillis Greene Harris Harrison Holloway Howard Huggins Kennedy Kidd Land

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McGill McKenzie Peevy Perry
Phillips

Reddish Scott of 2nd Starr Tate
Tolleson

Trulock Turner
. Tysmger
Walker

Those not answering were Senators:

Barnes Bond Bryant Coverdell

Hine Horton Hudgins Langford

Ray Scott of 36th Stumbaugh Timmons

Senator Engram of the 34th introduced Senator Wayne Garner of the 30th who offered scripture reading and prayer in the absence of the chaplain of the day, Reverend Ike Reighard, pastor of New Hope Baptist Church, Fayetteville, Georgia.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, February 6, 1986 SIXTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 467 Tolleson, 32nd City of Smyrna Cobb County
Continues amendment which authorizes General Assembly to create and es tablish an independent school system for city; provides authority.

*HB 906 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Proposes the incorporation and provides a proposed charter for City of Islands in county. (SUBSTITUTE)

HB 1403 Timmons, llth Randolph County
Continues amendment which relates to creation of Randolph Co. Develop ment Authority and provisions for its powers, authority, funds, purposes, and procedures; provides authority for this.

HB 1404 Timmons, llth Quitman County
Continues amendment which relates to creation of Quitman Industrial Devel opment Authority.

HB 1405 Timmons, llth Stewart County
Continues amendment which relates to election of members of Stewart County Board of Education by the people.

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399

HB 1406 Timmons, llth Stewart County
Continues amendment which relates to authorizing the construction of an electrical system in Stewart Co.; provides the authority for this Act.
HB 1407 Timmons, llth Stewart County
Continues amendment which relates to authorizing county to construct bridges across the Chattahoochee River.
HB 1408 Timmons, llth Stewart County
Continues amendment which relates to authorizing county to provide a natu ral gas system for said county.
HB 1409 Timmons, llth Stewart County
Continues amendment which relates to creation of Stewart Co. Industrial De velopment Authority; provides authority.
HB 1448 Kennedy, 4th City of Register Bulloch County
Amends Act to incorporate the Town and provide a charter therefor; changes certain provisions relating to the town boundaries.
HB 1449 Kennedy, 4th Effingham County
Further defines and prescribes the powers and duties of the Effingham County Industrial Development Authority; provides that the governing au thority of said county shall not be required by law to levy and collect an ad valorem tax for authority to provide for the exercise of powers and duties of authority.
HB 1483 Kennedy, 4th Effingham County
Continues amendment which creates the Effingham County Industrial Devel opment Authority.
HB 1494 Kennedy, 4th Tattnall County
Amends Act providing for elections of members of board of education; changes compensation of chairman and members of board.
HB 1510 Timmons, llth Mitchell County
Provides that the successor to county school superintendent shall be ap pointed by vote of the board of education to serve at the pleasure of the board.

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The substitute to the following bill was put upon its adoption:
*HB 906:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 906:
A BILL
To be entitled an Act to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County; to provide for the corporate limits of the city, the powers of the city, the form and method of government of the city, the administration of city affairs, the municipal court of the city, elections for city offices, taxation by the city, and the financial management of the city; to provide for all related matters; to provide for a referendum; to provide additional conditions for this Act to become effective; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
Section 1.10. Proposed incorporation. The City of Islands in Chatham County is pro posed for incorporation by the enactment of this proposed charter.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those de scribed and set forth in Appendix A which is attached to and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Islands, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the mayor.
Section 1.12. Powers and construction, (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
Section 1.13. Examples of powers. The powers of the city shall include, but are not limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property in the city;
(2) Other taxes: to levy, assess, and collect other taxes allowed by general law;
(3) Business regulation and taxation: to levy, assess, and collect occupational and busi ness taxes and to license and regulate occupations and businesses;
(4) Appropriations: to make appropriations and expend funds for support of the city and any other lawful purpose;
(5) Municipal debts: to borrow money and issue bonds as authorized by general law;
(6) Property: to own property and interests in property;
(7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose;
(8) Condemnation: to condemn property inside or outside the city for present or future use;

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(9) Municipal utilities: to acquire, lease, operate, and dispose of public utilities;
(10) Public utilities: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts;
(11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon;
(12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements inside or outside the city;
(13) Sidewalk maintenance: to require real estate owners to repair and maintain side walks adjoining their land;
(14) Building regulation: to regulate the building trades and the construction of build ings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and airconditioning codes;
(15) Planning and zoning: to provide for city planning by zoning, subdivision regulation, and the like;
(16) Police power: to exercise the police power for the public safety and well-being of the city;
(17) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads;
(18) Health: to prescribe and enforce health and sanitation standards;
(19) Pollution: to regulate emissions which pollute the air and water;
(20) Fire safety: to fix fire limits and to prescribe and enforce fire-safety regulations;
(21) Public hazards: to provide for the destruction or removal of public hazards;
(22) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes;
(23) Garbage fees: to fix and collect garbage fees;
(24) Sewer fees: to fix and collect sewer fees;
(25) Nuisances: to define and provide for the abatement of nuisances;
(26) Property protection: to preserve and protect the property of the city;
(27) Prisoners: to provide for public work by municipal prisoners and for their confinement;
(28) Animal control: to regulate or prohibit the keeping of animals;
(29) Motor vehicles: to regulate the operation and parking of motor vehicles;
(30) Taxicabs: to regulate vehicles operated for hire in the city;
(31) Pensions: to provide and maintain a system of pensions and retirement for city employees and officers;
(32) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;
(33) Contracts: to enter into lawful contracts and agreements;
(34) City agencies: to create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer appropriate authority upon them;
(35) Penalties: to provide penalties for violations of municipal ordinances;
(36) Police and fire protection: to exercise the power of arrest through appointed police men and to operate a fire department;

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(37) Emergencies: to provide for the determining, proclamation, and combating of emergencies;
(38) Urban redevelopment: to organize and operate an urban redevelopment program;
(39) Public transportation: to organize and operate public transportation systems;
(40) General health, safety, and welfare: to define, regulate, and prohibit any act, prac tice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, wel fare, and safety of the inhabitants of the city; and
(41) Other powers: to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as provided by the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such shall be carried into execution as provided by ordinance.
ARTICLE II
GOVERNMENT STRUCTURE
Section 2.10. City council creation; composition; number; election. The legislative au thority of the government of this city except as otherwise specifically provided in this char ter shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. City council terms and qualifications for office. The mayor and council members shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and shall have been a resident of the city for two years immediately prior to the date of his or her election. The mayor and each council member shall continue to reside therein during their period of service. No person shall be eligible to serve as a council member unless he or she is at least 25 years of age, and no person shall be eligible to serve as mayor unless he or she is at least 30 years of age.
Section 2.12. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation of expenses, (a) Until changed as provided in subsection (b), the mayor shall receive an annual salary of $2,400.00 and a council member shall receive an annual salary of $600.00.
(b) The compensation of the mayor and council members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted.
(c) The mayor and council members shall be entitled to receive their actual and neces sary expenses incurred in the performance of their duties of office.
Section 2.14. Holding other office. Except as authorized by general state law, the mayor or any council member shall not hold any other city office or city employment during the term for which he or she was elected.

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Section 2.15. Conflict of interest, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official du ties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interests of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; and
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.
(b) Any elected official, appointed officer, or employee who shall have any private finan cial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any deci sion or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such en tity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council.
(e) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.
(2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) above shall be ineligible for appointment or election to, or em ployment in, a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and in vestigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order

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issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
Section 2.17. General power and authority of the city council. Except as otherwise pro vided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I.
Section 2.18. Organization meeting. The city council shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meet ings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three mem bers of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law.
Section 2.20. Rules of procedure, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor. The mayor shall have the power to remove members of any com mittee and the power to appoint new members to any committee, at any time, within the mayor's discretion.
Section 2.21. Quorum; voting. Four council members and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise pro vided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote only in the case of a tie.
Section 2.22. Ordinance form; procedure, (a) Every proposed ordinance shall be intro duced in writing and in the form required for final adoption. The enacting clause shall be: "The council of the City of Islands hereby ordains. . ." and every ordinance shall so begin.
(b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council.
(c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk.
(d) Failure to comply with the technical requirements of this section shall not invali-

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date an ordinance if the intention of the governing authority that the ordinance be effective is evident.
Section 2.23. Form of official action. Notwithstanding any other provisions of this char ter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordi nance shall be done by ordinance.
Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emer gency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may spec ify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of technical regulations, (a) The city council may adopt any stan dard code of technical regulations by reference thereto in an adopting ordinance. The proce dure and requirements governing such adopting ordinance shall be as prescribed for ordi nances generally.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.26. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book, kept for that purpose, all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations and other rules and regula tions as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Islands, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be published as soon as is practicable following their adoption, and the published ordi nances and charter amendments shall be made available for purchase by the public at rea sonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and adminis trative powers contained in this charter.

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Section 2.28. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board but shall not vote on any question except in the case of a tie;
(3) Sign all deeds and contracts, except deeds for property sold under execution at pub lic sale;
(4) Cosign, along with the city clerk, all checks for the payment of money after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city;
(5) Be clothed with veto power as hereinafter set out;
(6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and
(7) Call the council together at any time when deemed necessary by him or her.
Section 2.29. Mayor pro tempore. The city council shall elect by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence.
Section 2.30. Veto power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his or her objections to such resolution, ordinance, or election; and the mayor and council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as five council members vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes.
ARTICLE III
ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and coun cil, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
Section 3.11. Boards, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judi cial, or quasi-legislative functions as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

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(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointed authority, term of office, or manner of appoint ment is prescribed by this charter, a local Act, or general state law.
(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as specifically authorized by general law, no member of any board, commis sion, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as other wise provided by this charter, by other local law, by general law, or by ordinance.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council.
(h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman and one member as secretary. Each board, commission, or author ity of the city government may establish such bylaws, rules, and regulations, not inconsis tent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be re sponsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the coun cil as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney.
Section 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
Section 3.14. City treasurer. The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer.
Section 3.15. Personnel policies. The city council may adopt rules and regulations con sistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel policies as may be necessary to provide for adequate and sys tematic handling of personnel affairs.

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ARTICLE IV
JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Islands.
Section 4.11. Chief judge; associate judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as judge on the municipal court unless he or she shall have attained the age of 21 years. Members of the State Bar of Geor gia shall be given preference in selection. All judges shall be appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of four members of the city council.
(e) Before entering on the duties of his or her office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish viola tions of all city ordinances.
(b) The municipal court shall have authority to punish those in its presence for con tempt, provided that such punishment shall not exceed $100.00 or 15 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not ex ceeding a fine of $500.00 or imprisonment for 30 days or both or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 days.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transpor tation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to en sure the presence of those charged with violations before said court and shall have discre tionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appear ance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the authority to bind prisoners over to the appropri ate court when it appears by probable cause that a state law has been violated.
(g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. All

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judges of the municipal court and the city clerk are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city.
(i) Each judge of the municipal court shall have the same authority as a magistrate to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Chatham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings.
ARTICLE V
ELECTIONS
Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."
Section 5.11. Regular elections; time for holding, (a) On the first Tuesday in December of each odd-numbered year, there shall be an election for council members and the mayor. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter.
(b) Candidates for the city council must run from one of the six council posts. A candi date for membership on the city council must designate which post he or she intends to run from upon qualifying to run for office.
Section 5.12. Special elections; vacancies. In the event that the office of mayor or coun cil member shall become vacant for any cause whatsoever, the city council or those remain ing shall order a special election to fill the balance of the unexpired term of such office. However, if such a vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall by majority vote appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."
Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.14. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected.
ARTICLE VI
FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, for the

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repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, may establish a millage rate, not to exceed 25 mills, for the city property tax, a due date, and in what length of time these taxes must be paid. In order to levy an ad valorem tax in excess of 25 mills, the council must first receive the approval of a majority of the voters voting in a referendum on the issue. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regu lation. Such fees, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, tele phone companies, electric companies, cable television, gas companies, transportation compa nies, and other similar organizations. The city council shall determine the duration, provi sions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises.
Section 6.15. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte nances from the abutting property owners under such terms and conditions as are reasona ble. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and pro viding for the assignment or transfer of tax executions.
Section 6.19. General obligation bonds. The city council shall have the power to issue

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bonds for the purpose of raising revenue to carry out any project, program, or venture au thorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term loans. Any short-term loan obtained by the city must be re paid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law.
Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and report ing of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.
Section 6.23. Action by city council on budget, (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity.
(c) The amount set out in the adopted budget for each organizational unit shall consti tute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council.
Section 6.24. Tax levies. As the next order of business following adoption of the budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues fund balances, and ap plicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
Section 6.25. Changes in appropriations. The city council, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose.
Section 6.26. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting prin ciples. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Section 6.27. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city attorney; and

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(3) It is made or authorized by the city council and such approval is entered in the city council minutes.

Section 6.28. Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city.

Section 6.29. Sale of city property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law.

(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value.

(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII

GENERAL PROVISIONS

Section 7.10. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and con ditions as the city council shall from time to time require by ordinance or as may be pro vided by state law.

Section 7.11. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in Chatham County not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

Section 7.12. Referendum on charter, (a) Not less than 120 days nor more than 180 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the board of elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the electors of Chatham County residing inside the corporate limits of the proposed City of Islands, as described in Appendix A of this Act, and the electors of the unincorporated area of Chatham County residing outside the corporate limits of the proposed City of Islands, as described in Appendix A of this Act, for approval or rejection. The board of elections shall set the date of such election for a day not less than 30 days nor more than 90 days after the date of the issuance of the call. The board of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the following:

"[ ] YES [ 1 NO

Shall the Act proposing to incorporate the City of Islands, Georgia, be ap proved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No."

(b) (1) The votes of the electors of Chatham County residing inside the corporate limits of the proposed City of Islands and the votes of the electors of Chatham County residing in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands shall be counted separately.

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(2) If more than one-half of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands and more than one-half of the electors of Chatham County voting in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands vote "Yes" in the election provided for in subsection (a) of this section, such vote shall constitute a formal request to the General Assembly to imple ment this Act as provided in Section 7.13 of this Act.
(3) If one-half or more of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands or if one-half or more of the electors of Chatham County voting in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands vote "No" in such election, this Act shall be null, void, and of no force and effect and shall stand repealed in its entirety upon the certification of the results of the referendum.
(c) The expense of the election provided for in this section shall be borne by Chatham County. It shall be the duty of the board of elections of Chatham County to hold and con duct such election and to certify the result thereof to the Secretary of State.
Section 7.13. Subsequent legislative action required. If this Act is approved at the elec tion provided for in Section 7.12, it shall not become effective, notwithstanding such ap proval, until the General Assembly at any subsequent regular session of the General Assem bly amends this Act to provide for the first election of the mayor and council of the City of Islands and for the first mayor and council to take office and to provide for such changes in this charter as the General Assembly may find necessary or appropriate.
Section 7.14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 7.15. Repealer. All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
DESCRIPTION OF THE MUNICIPAL BOUNDARIES
OF THE CITY OF ISLANDS, GEORGIA
Begin at the confluence of St. Augustine Creek, Turner Creek, and Tybee River. Pro ceed Southeasterly along the thread of the stream of Tybee River to the intersection of the Tybee and Shad Rivers. Proceed Southeasterly along the thread of the stream of the Shad River to the intersection of the Shad River and the Tybee River at a point lying just South of the intersection of the Tybee River and Lazaretto Creek. Proceed Southerly along the thread of the stream of the Tybee River to Wassaw Sound. Continue in a straight direction on a Southwesterly course to the intersection of the Wilmington River. Proceed Northwest erly along the thread of the stream of the Wilmington River to the intersection of a line lying on the North side of a canal right-of-way lying between Lots 68 and 69, Walthour S/D. Proceed Easterly along the North side of the canal to the intersection of Wilmington Island Public Road at the centerline of the road. Proceed Northerly along the centerline of the right-of-way of Wilmington Island Public Road to the intersection of a line extending from the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A. Proceed Easterly along the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A and continue along the rear lot lines of Lots 2 through 9, Block 1, Wilmington Park S/D, Phase A. Continue along the rear lot lines of Lots 1 and 2, Block 1, Wilmington Park S/D, Phase A, Addition 2. Continue along the rear lot lines of Lots 65 through 72 inclusive, Block 1, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 78 through 80 inclusive, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 133 through 135; Block 1, Wilmington Park S/D, Phase A, Addition 5.

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Proceed Northeasterly along the rear lot line of the Oglethorpe Golf Course. Proceed North westerly along the rear lot line of the Oglethorpe Golf Course to the intersection of this line, extended to the intersection of the centerline of the Wilmington Island Road. Proceed Northeasterly along the centerline of Wilmington Island Road to Sea Island Drive. Continue Northeasterly along the centerline of Sea Island Drive, also known as Tybee Road, to the intersection of a line extending along the southwest side of a forty-foot drainage easement lying on the northeast side of Walthour S/D. Proceed along this drainage easement line Northwesterly to the intersection of the side lot line on the Northwesterly side of Lot 157, Block 2, Harbour Creek S/D, Phase 2. Continue along the said side lot line Northwesterly to Hillary Road. Proceed along the Northwesterly edge of the right-of-way of Hillary Road to the intersection of a line that is the contiguous side lot line of Lots 161 and 162, Block 2, Harbour Creek S/D, Phase 4B. Proceed Northerly along said contiguous lot line to the thread of the stream of Camoose Creek. Proceed Northerly along the thread of the stream of Camoose Creek to the intersection of a line extending from the rear lot line of Block 8, Camoose Cove, Phase 2. Continue Northeasterly along the rear lot line of the extension of Lot 178 to the Northeast side of a sixty-foot drainage easement lying along the Northeast side of said Lot 178, Block 4, Harbour Creek S/D, Phase 4A. Proceed Southeasterly along said sixty-foot drainage easement on the Northeast side of said easement to the centerline of Sandnettles Drive. Proceed Northeasterly along the centerline of Sandnettles Drive to the intersection of the centerline of Quarterman Road. Proceed Northwesterly along the centerline of Quarterman Road across U. S. Highway 80, continuing along the centerline of Quar terman Drive to the intersection of the centerline of Falligant Avenue. Proceed Southwest erly along the centerline of Falligant Avenue to the intersection of a line that is the contiguous side lot of Lots 16 and 17, Block 1, Talahi S/D. Continue Southwesterly along the centerline of Falligant Avenue, a distance of thirty-two and one-half feet. Proceed Northwesterly along the Southwest side lot line of the private boat ramp property lying in Lot 16, Block 1, Talahi S/D to the thread of the stream of Turners Creek. Proceed North easterly along the thread of the stream of Turners Creek to the confluence of St. Augustine Creek and Tybee River, the FOB.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Deal English Engram Fincher Foster Garner Greene Harris Harrison Holloway Howard Hudgins Huggins Kennedy

Kidd Land McKenzie Peevy Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

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415

Those not voting were Senators:

Bond
Bryant Coverdell Dean
Gillis

Hine
Horton Langford McGill
Perry

Ray Reddish
Timmons Walker

On the passage of all the local bills, the yeas were 42, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 906, having receiving the requisite constitutional majority, were passed.

HB 906, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 359. By Senator Bowen of the 13th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state barbecue cooking contest for entry qualification in the International Barbecue Cooking Contest.

SENATE CALENDAR Thursday, February 6, 1986 SIXTEENTH LEGISLATIVE DAY
SB 320 Driver's License Renewal--certain examinations (SUBSTITUTE) (Trans--16th)
SB 323 Juvenile Courts--remove jurisdiction over certain juvenile capital crimes (SUB STITUTE) (J&CL--48th)
SB 340 Chief Magistrates of Certain Counties--must be active members of State Bar (SUBSTITUTE) (Judy--49th)
SB 351 Juvenile Court--change jurisdiction regarding traffic offenses (AMENDMENT) (J&CL--48th)
SB 375 Qualification of Candidates--procedures (SUBSTITUTE) (Gov Op--25th)
SB 428 Council for the Arts and Humanities--redesignate Council for the Arts (Gov Op--31st)
SB 449 Chatham County--alcoholic beverage sale near churches or schools (C Aff--2nd)
SB 453 Maximum Speed Limit--change on certain roads and streets (Trans--26th)
SR 291 Senate Small Businesses in Georgia Study Committee--create (ED&T--46th)
SR 334 Governor's Commission on Black on Black Crime--create (SUBSTITUTE) (Gov Op--39th)
SR 338 Commission on Governmental Liability--re-create (Gov Op--44th)
SR 339 Dr. W. K. Smith Highway--designate (Trans--4th)
SR 340 National Highway Traffic Safety Administration--fuel economy standards for passenger cars (Trans--13th)
SR 341 Industrial Development Bonds for Certain Purposes--urge Department of Com munity Affairs disapprove issuance (Ag--24th)
SR 344 Death Penalty--appeals within 12 months following review (Judy--7th)
HB 790 Telephone Use Offering Goods for Sale--criminal offense certain use (SUBSTI TUTE) (Gov Op--30th)
HB 1173 Board of Cosmetology--continue but later terminate (Gov Op--25th)
HB 1213 Code of Georgia--corrections (Judy--49th)

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HB 1214 Retirement and Pensions--correct Code (Judy--49th)
HB 1218 Telephone, Automatic Dialing--regulate (Gov Op--15th)
HB 1219 Board of Barbers--continuation (Gov Op--25th)
HB 1220 Magistrate Court Constables--minimum age (Judy--14th)
HB 1278 Corporations--repeal Code Chapter on takeovers of certain corporations (Judy--49th)
HB 1368 Superior Court Clerks--hours of annual training (Gov Op--25th)
HB 1382 Moving Modular Housing Upon Public Roads--conditions (Trans--1st)
HR 515 MARTOC Overview Committee--extend until 1990 (Trans--1st)
SB 223 Fulton County Health Department Employees--option on retirement system (SUBSTITUTE) (Ret--40th)
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 320. By Senator Land of the 16th:
A bill to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexaminations in con nection therewith, so as to provide that the department may require any person applying for renewal of a Georgia driver's license or any person who is the holder of a driver's license issued by another state, territory, or country who is applying for a Georgia driver's license to take and pass successfully certain examinations.
The Senate Committee on Transportation offered the following substitute to SB 320:
A BILL
To be entitled an Act to amend Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexaminations in con nection therewith, so as to provide that the department shall require any person applying for renewal of a Georgia driver's license to take and pass successfully certain examinations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-32 of the Official Code of Georgia Annotated, relating to expiration and renewal of drivers' licenses and reexaminations in connection therewith, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall require every person applying for renewal of a Georgia driver's license to take and pass successfully such test of his eyesight as the department shall prescribe, and may, upon reasonable cause being demonstrated to the authorized li cense examiner that the applicant's ability to operate safely a motor vehicle may be im paired, require the applicant to take and pass successfully an examination consisting of an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles for which such person desires a driver's license. At the time of the renewal, the department shall issue a pamphlet contain ing information pertaining to new traffic laws and to traffic laws most frequently violated. The board may issue such rules and regulations as are necessary to implement this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Broun of 46th Coverdell

Hine Horton Langford

McGill Perry

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

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

SB 323. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to remove the origi nal jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 323:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to remove the origi nal jurisdiction of the juvenile courts over certain juvenile capital crimes; to change the provisions relating to taking into custody, detaining, and releasing certain children accused of committing juvenile capital crimes; to provide that the superior courts shall have original jurisdiction over certain juvenile capital crimes and provide for grand jury action relating thereto; to provide for the transfer of cases involving juvenile capital crimes to the juvenile courts; to provide for transfer of such cases between superior courts; to prohibit the transfer of such cases from juvenile courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to

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juvenile proceedings, is amended by adding immediately following paragraph (9) of Code Section 15-11-2, relating to definitions, the following:
"(9.1) 'Juvenile capital crime' means an act of a child committed when the child was 13 years of age or over which would be considered a crime if tried in a superior court and for which an adult convicted of that crime may be punished by confinement for life in a penal institution or by loss of life."
Section 2. Said chapter is further amended by striking subparagraph (a)(l)(A) of Code Section 15-11-5, relating to juvenile court jurisdiction, and inserting in its place the following:
"(A) Who is alleged to be delinquent, except when the allegation is based on a juvenile capital crime;".
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 15-11-5, which reads as follows:
"(b) Concurrent criminal jurisdiction. The court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in a penal institution.",
and inserting in its place the following:
"(b) In any case involving a child who is alleged to have committed a juvenile capital crime, the superior court shall have original jurisdiction over that child for that offense. The juvenile court shall have jurisdiction over the child for that offense only if the case is trans ferred to the juvenile court pursuant to Code Section 15-11-38.1."
Section 4. Said chapter is further amended by striking Code Section 15-11-13, relating to transfers of criminal cases to the juvenile court, and inserting in its place a new Code section to read as follows:
"15-11-13. If it appears to any court in a criminal proceeding or a quasi-criminal pro ceeding that the defendant is a child, except in cases where the superior court has jurisdic tion as provided in subsection (b) of Code Section 15-11-5, the case shall forthwith be trans ferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him to the custody of his parent, guard ian, custodian, or other person legally responsible for him, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition."
Section 5. Said chapter is further amended by striking from subsection (a) of Code Section 15-11-19, regarding procedures on taking a child into custody, the semicolon at the end of paragraph (2) thereof and inserting in its place the following:
"; or",
by striking from the end of paragraph (3) thereof the following: "; or",
and inserting in its place a period,
and by striking paragraph (4) thereof, which reads as follows:
"(4) Bring the child who is suspected of committing a delinquent act before the supe rior court of the county where the delinquent act occurred if the act is an act over which the superior court has concurrent jurisdiction as provided in subsection (b) of Code Section 1511-5; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be

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419

returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-20."
Section 6. Said chapter is further amended by adding following subsection (a) of Code Section 15-11-19, regarding procedures on taking a child into custody, a new subsection (a.l) to read as follows:
"(a.l) Notwithstanding the provisions of subsection (a) of this Code section, a person taking into custody a child who is alleged to have committed a juvenile capital crime shall bring the child, with all reasonable speed and without first taking the child elsewhere, before the superior court of the county where the alleged crime occurred; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention only in such places as are authorized by Code Section 15-11-20."
Section 7. Said chapter is further amended by striking subsection (b) of Code Section 15-11-20, relating to places of detention, and inserting in its place the following:
"(b) A child alleged to have committed a juvenile capital crime shall be detained pend ing a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and that court so orders, but only where the detention is in a room separate and removed from those rooms for detaining adults."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 15-11-21, relating to release of a child where detention is not warranted, and inserting in its place the following:
"(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless the child is alleged to have committed a juvenile capital crime or it appears that his detention or shelter care is war ranted or required under Code Section 15-11-18."
Section 9. Said chapter is further amended by adding immediately following Code Sec tion 15-11-38 a new Code section to read as follows:
"15-11-38.1 (a) The district attorney of the county in which a child is alleged to have committed a juvenile capital crime may bring that case before the grand jury of that county in the same manner as if an adult had been charged with that crime. If a grand jury indicts a child for any juvenile capital crime, the superior court of that county shall have jurisdic tion over the prosecution thereof.
(b) If a grand jury before which is brought a case involving a juvenile capital crime under subsection (a) of this Code section does not indict the child for any juvenile capital crime within the time otherwise required for grand jury indictments of adults accused of like crimes, that case shall be transferred to the appropriate juvenile court pursuant to Code Section 15-11-13. Such a transfer shall terminate the jurisdiction of the superior court over that case.
(c) Nothing in this Code section shall limit the authority of a superior court to transfer a case involving a juvenile capital crime to another superior court when it is determined that venue was not proper in the transferring court.
(d) Nothing in this Code section shall be construed to prevent any grand jury from returning a no bill regarding a child accused of a juvenile capital crime, which no bill shall have the same effect as a no bill against an adult accused of a crime."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 15-11-39, relating to transfers to other courts for prosecution, and inserting in its place the following:

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"(a) After a petition has been filed alleging delinquency based on conduct which is des ignated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropri ate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made;
and"(4) The child was at least 15 years of age at the time of the alleged delinquent conduct;

(5) The crime is not an act for which an adult convicted of that crime may be punished by confinement for life in a penal institution or by loss of life."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Coverdell Hine

Kennedy Langford McGill

McKenzie Starr

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421

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kennedy of the 4th, President Pro Tempore, assumed the chair.
SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.
The Senate Committee on Judiciary offered the following substitute to SB 340:
A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that prejudgment attachment may not be granted by a magistrate court; to provide that with certain exceptions the chief mag istrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the supe rior courts; to provide for opening of defaults in magistrate court proceedings; to provide for relief from judgments of the magistrate courts; to provide for all matters related to the foregoing; to provide for the powers and duties of the clerks of magistrate courts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety paragraph (5) of Code Section 1510-2, relating to the jurisdiction of magistrate courts, and inserting in its place a new para graph (5) to read as follows:
"(5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00 provided that no prejudgment attachment may be granted;".
Section 2. Said chapter is further amended by adding at the end of Code Section 15-1022, relating to qualifications of magistrates and practice of law by magistrates, a new subsec tion (c) to read as follows:
"(c) In addition to all other qualifications imposed by general or local law, in any county having a population of 75,000 or more according to the United States decennial cen sus of 1980 or any future such census, the chief magistrate shall be an active member of the State Bar of Georgia. However, a chief magistrate who is in office in such a county on July 1, 1986, or who is in office in a county when the county's population reaches 75,000, shall be eligible to hold the office of chief magistrate in such county and to succeed himself without the necessity of meeting the qualification of active membership in the State Bar of Georgia."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 15-10-41, relating to trials in and appeals from magistrate courts, and inserting in its place a new subsection (b) to read as follows:
"(b) Appeals may be had from judgments on the merits returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 5-3-29 shall be applicable to appeals from judgments on the merits returned in the magistrate

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court, the same to be a de novo appeal. Review of default judgments in the magistrate court shall be by certiorari to the superior court."
Section 4. Said chapter is further amended by adding at the end of Code Section 15-1043, relating to proceedings on civil claims, new subsections (e), (f), and (g) to read as follows:
"(e) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall de termine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall an nounce ready to proceed with the trial.
(f) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seems just.
(g) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record."
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-49, relating to procedure in attachment, garnishment, dispossessory, and distress warrant proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court."
Section 6. Said chapter is further amended by adding after Code Section 15-10-105 a new Code Section 15-10-105.1 to read as follows:
"15-10-105.1. (a) The duties of the clerk shall be as assigned by the chief magistrate,
(b) The authority of the clerk of magistrate court shall include the power:
(1) To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer;
(2) To receive the amounts of all costs due in the court of which they are clerks and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise; and
(3) To advertise under the same rules and restrictions as apply to sheriffs."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton

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423

Cobb Coleman Coverdell Dawkins Deal Dean English Engrain Fincher Foster Garner Gillis

Greene Harris Harrison Holloway Horton Howard Hudgins Huggins Kidd Land Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bond Hine Kennedy (presiding)

Langford McGill McKenzie

Tate Walker

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

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

SB 351. By Senators Peevy of the 48th, Dawkins of the 45th and Greene of the 26th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change definitions; to change the juris diction of the juvenile court regarding certain traffic offenses; to provide that courts other than the juvenile court shall have original jurisdiction of persons under 17 years of age having drivers' licenses or permits who are accused of com mitting certain traffic offenses.

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

Amend SB 351 by striking from line 10 of Page 2 the following: "15-41-49",
and inserting in its place the following: "15-11-49".
By striking line 29 of Page 5 and inserting in its place the following: "his parents, custodian, or guardian; or". By adding before the semicolon on line 35 of Page 7 the following: ", custodian, or guardian". By striking lines 12 through 17 of Page 10 and inserting in their place the following:
"(g) A person accused of committing a juvenile traffic offense shall not be detained in any facility prior to the earlier of the hearing on the charges or the date set for the trial of such charges and may only be detained in a facility authorized under subsection (a) of Code Section 15-11-20 for the detention of children alleged to be delinquent.'"

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

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Hudgins Huggins

Kidd Land McKenzie
Peevy Perry Phillips
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Tysinger Walker

Voting in the negative was Senator Langford. Those not voting were Senators:

Bond Hine Kennedy (presiding)

McGill Timmons

Trulock Turner

On the passage of the bill, the yeas were 48, nays 1.

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

SB 375. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change the provisions re lating to riling notice of candidacy; to change the provisions relating to nomina tion of candidates by petition.

The Senate Committee on Governmental Operations offered the following substitute to SB 375:

A BILL
To be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change certain provisions relating to filing notice of candidacy; to change the provisions relating to nomination of candidates by petition; to change the provisions relating to the nomination of candidates of political bodies by convention; to authorize a political body to nominate an entire slate of candidates by convention; to authorize certain political bodies to nominate candidates for public office by convention; to provide for form and procedures in connection with petitions to qualify polit ical bodies to nominate candidates for public office by convention; to provide certain restric tions with respect to such petitions; to provide for examination of petitions and for judicial review; to provide for the filing of qualifying petitions in order to have candidates listed on the general election ballot; to provide an effective date; to repeal conflicting laws; and for other purposes.

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425

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking Code Section 21-2-130 in its entirety and inserting in lieu thereof a new Code Section 21-2-130 to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of:
(1) Nomination in a primary conducted by a political party;
(2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate can didates for public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomi nation for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;
(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2132;
(7) Incumbent qualifying as a candidate to succeed himself as prescribed in subsection (d) of Code Section 21-2-132; or
(8) Nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as pre scribed in Code Section 21-2-138."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy and payment of fees, and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the first Tuesday in August immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed himself if, prior to the election in which he was originally elected to the office for which he seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a supe rior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee of a duly constituted political body convention, provided that the politi cal body making the nomination has qualified to nominate candidates for public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of

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Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A nomination petition of a candidate seeking a federal office or an office which is voted upon state wide shall be signed by not less than 1.5 percent of the total number of persons who voted in the last election for the filling of the office for which the candidate is filing; a nomination petition of a candidate for any other office shall be signed by not less than 5 percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of electors in the constituency who would have been qualified to vote for such office had the election been held at the last general election."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of po litical bodies by convention, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its entire slate of candidates by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state executive commit tee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candidates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairman of such political party or body and its secretary shall accompany the filing of such rules and regula tions with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method."
Section 5. Said chapter is further amended by adding at the end of Article 4 a new Part 4 to read as follows:
"Part 4
21-2-180. (a) Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate all candidates for public office by convention if it:
(1) Files with the Secretary of State a petition signed by 25,000 electors; or
(2) At the preceding gubernatorial election, nominated a candidate for federal office or office which is voted on state wide who received at least 2 percent of the votes cast for that office.
(b) Any political body qualified under paragraph (2) of subsection (a) of this Code sec tion to nominate candidates shall remain qualified to nominate candidates so long as that political body is in compliance with Code Section 21-2-110.
21-2-181. Petitions to qualify political bodies to nominate candidates for public office by convention shall file with the Secretary of State petitions signed by electors in the man ner provided in this part. Such petitions shall provide sufficient space for the printing of the elector's name and for his signature. No forms other than those prescribed in this part shall be used for qualifying a political body to nominate candidates for public office.
21-2-182. Each person signing a political body qualifying petition shall declare therein that he is a duly qualified and registered elector of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with his signature his resi dence address and county and the date of his signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political

THURSDAY, FEBRUARY 6, 1986

427

body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secretary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing, but such request shall be disregarded if made after such presentation.
21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing.
(b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth:
(1) His residence address;
(2) That each signer manually signed his own name with full knowledge of the contents of the political body qualifying petitions;
(3) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the State of Georgia, qualified to sign the petition;
(4) That their respective residences are correctly stated in the petition; and
(5) That they all reside in the county named in the affidavit.
21-2-184. A petition to qualify a political body to nominate candidates by convention shall not be amended or supplemented after its presentation to the appropriate officer for filing.
21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after the first Tuesday in August.
21-2-186. Examination of petitions to qualify a political body to nominate candidates by convention shall be examined and shall be subject to judicial review in the same manner as provided for candidates nominated by petition pursuant to Code Section 21-2-171.
21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day following the fourth Wednesday in May as prescribed in Code Section 21-2132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes

Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Cobb Coleman

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Dawkins Deal Dean English Fincher Foster Garner Gillis Greene Harris Hine

Holloway Horton Howard Hudgins Huggins Kidd Langford McKenzie Peevy Perry Phillips

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

Those voting in the negative were Senators:

Albert Burton

Coverdell Land

Tysinger

Those not voting were Senators:

Bond Engram

Harrison Kennedy (presiding)

McGill Timmons

On the passage of the bill, the yeas were 45, nays 5.

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

SB 428. By Senator Dean of the 31st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to redesignate the Georgia Council for the Arts and Hu manities as the Georgia Council for the Arts; to delete certain references to the humanities; to provide for related matters.

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

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

Those voting in the affirmative were Senators:

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

Dean English Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

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

THURSDAY, FEBRUARY 6, 1986

429

Those not voting were Senators:

Bond Engram

Hudgins Kennedy (presiding)

McGill

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

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

SB 449. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, and school grounds, so as to reflect changes in certain population classifications in accordance with the United States decennial census of 1980.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Coleman Fincher

Kennedy (presiding) McGill McKenzie

Reddish Walker

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

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

SB 453. By Senator Greene of the 26th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, so as to change the general maximum speed limit on certain roads and streets; to provide for all related matters.

Senators Greene of the 26th and Coleman of the 1st offered the following substitute to SB 453:

A BILL
To be entitled an Act to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, so as to change the general

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JOURNAL OF THE SENATE

maximum speed limit on certain roads and streets; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits for motor vehicles, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district;
(2) Fifty-five miles per hour in other locations on the state highway system;
(3) Forty miles per hour in other locations on any unpaved county road system;
(4) Forty-five miles per hour in other locations on any municipal street system; and
(5) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Greene of the 26th and Coleman of the 1st offered the following amendment:

Amend the substitute to SB 453 offered by Senators Greene of the 26th and Coleman of the 1st by adding on line 18 after the word
"system"

and before the
the following: "and paved county roads".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Greene Harris Harrison Hine Holloway Horton

Howard Huggins Land Langford McKenzie Peevy Phillips Ray Reddish Scott of 2nd Starr Tate

THURSDAY, FEBRUARY 6, 1986

431

Timmons Trulock

Tysinger

Walker

Those voting in the negative were Senators:

Brantley Brown of 47th Garner Gillis

Hudgins Kidd Perry

Stumbaugh Tolleson Turner

Those not voting were Senators:

Bond Coleman

Coverdell Kennedy (presiding)

McGill Scott of 36th

On the passage of the bill, the yeas were 40, nays 10.

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

SR 291. By Senators Broun of the 46th, Holloway of the 12th, Harris of the 27th and others:
A resolution creating the Senate Small Businesses in Georgia Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Broun of 46th Dawkins

Hudgins Kennedy (presiding) Langford

McGill McKenzie

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

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SR 338. By Senator Starr of the 44th:
A resolution to re-create the Commission on Governmental Liability; to provide for the membership, powers, and duties of the commission; to provide for staff support for the commission; to provide for the expenditure of funds and the pay ment of expenses; to provide for the expiration of the commission.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bond Bowen Dean

Engram Greene McGill

Phillips Reddish

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 339. By Senators Kennedy of the 4th, Bryant of the 3rd and Gillis of the 20th:
A resolution designating that portion of State Highway 67 in the unincorporated area of Bryan County as the Dr. W.K. Smith Highway.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley

Broun of 46th Bryant Burton Cobb Coverdell Dawkins Deal English

Engram Fincher Foster Garner Gillis Greene Harris Harrison

THURSDAY, FEBRUARY 6, 1986

433

Hine Holloway Horton HHuHuougwdjggaiirnndss
Kennedy
Kidd Land

Langford McKenzie Peevy RPPnuhea-ryiilrily-ips
Reddish
Scott of 36th Starr

Stumbaugh Tate Timmons TTT_,roul,l,l.eoscok.n
Turner
Tysinger Walker

Those not voting were Senators:

Brannon Brown of 47th

Coleman Dean

McGill Scott of 2nd

On the adoption of the resolution, the yeas were 50, nay 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SR 340. By Senators Bowen of the 13th and Holloway of the 12th:
A resolution urging the National Highway Traffic Safety Administration (NHTSA) to amend its 1987 and 1988 corporate average fuel economy (CAFE) standards for passenger cars to a level of 26.0 miles per gallon (mpg) and to promulgate light truck standards for future model years that likewise reflect an appropriate balance between reasonable energy conservation needs and economic considerations, including jobs in the State of Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond
Broun off 4^ 6th Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis
Greene Harris
H...risn "'"? Holloway Horton Howard Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 36th
S,,.tarr , , Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Coverdell

Hudgins Kennedy (presiding)

Land Scott of 2nd

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 341. By Senators McGill of the 24th, Reddish of the 6th, Kennedy of the 4th and others:
A resolution urging the Department of Community Affairs to disapprove the is suance of industrial development bonds for certain purposes.

Senator Gillis of the 20th moved that SR 341 be committed to the Senate Committee on Agriculture.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 341 was commit ted to the Senate Committee on Agriculture.

SR 344. By Senators Perry of the 7th, Reddish of the 6th, Turner of the 8th and others:
A resolution urging the Congress of the United States to take all appropriate actions to require that a defendant upon whom a sentence of death has been imposed in any trial in a court of any state must file all appeals and motions for writs of habeas corpus in federal courts within 12 months following the review of such case by the highest appellate court of the state in which the sentence was imposed or forever be barred from seeking relief in federal courts.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Brantley Broun of 46th
Burton Cobb Coverdell Dawkins Deal English Engram

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

McGill McKenzie Peevy Perry Phillips Reddish gcott rf 2nd
Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Bond Langford

Scott of 36th

Tate

Those not voting were Senators:

Barker Bowen

Coleman Dean

Kennedy (presiding) Ray

THURSDAY, FEBRUARY 6, 1986

435

On the adoption of the resolution, the yeas were 46, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.
HB 790. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th, and Selman of the 32nd:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for the purpose of offering any goods or services for sale when such use involves an automated system for the selection of dialing of numbers and the playing of a recorded message.
Senate Sponsor: Senator Garner of the 30th.
The Senate Committee on Governmental Operations offered the following substitute to HB 790:
A BILL
To be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of a telephone for purposes of soliciting sales and certain other commercial purposes when such use involves an automated system for the selection or dialing of numbers and the playing of a recorded message; to provide exceptions; to provide that it shall be a criminal offense to use or allow use of any such automated system for any purpose unless the person or organization initiating such calls is identified in a specified manner; to provide that it shall be a criminal offense to use or allow use of any such automated system for any purpose unless an automated disconnect is provided; to provide for criminal punishment; to provide for civil enforcement; to provide for enforcement in the same manner as enforcement of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975"; to provide for severability; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, is amended by adding a new Part 3 to read as follows:
"Part 3
16-11-90. (a) Except as otherwise provided in this Code section, no person shall use a telephone or knowingly allow a telephone to be used:
(1) When such use is for the purpose of offering any goods or services for sale or such use is for any commercial profit-making purpose and relates to any goods or services; and
(2) When such use involves an automated system for the selection or dialing of tele phone numbers and the playing of a recorded message when a connection is completed to the called number.
(b) This Code section shall not prohibit the use of an automated telephone system with recorded messages:
(1) When such calls are made solely in response to calls initiated by the persons to whom the automatic calls are directed;
(2) When such calls are directed solely to persons who have prior to the initiation of the calls given to the person initiating the calls their unrevoked written signed consent to re ceive such calls and who have been furnished a copy of the consent or consent form;

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(3) When such calls are made by a nonprofit organization, or by an individual using such calls other than for commercial profit-making purposes, and the calls do not involve the offering of goods or services for sale;
(4) When the calls relate solely to payment for, service of, or warranty coverage of pre viously ordered or purchased goods or services; or
(5) When a line operator requests the permission of the person to whom the call is directed to play a recorded message and the call is immediately terminated if such permis sion is refused, provided that any such permission shall apply only to one particular call and shall not constitute prior consent to receive further such calls.
(c) Any person who violates this Code section shall be guilty of a misdemeanor.
(d) The Attorney General or any telephone company servicing an area to which or from which automated calls are made or any aggrieved person may seek injunctive relief to en force this Code section.
16-11-91. (a) No person shall use a telephone or knowingly allow a telephone to be used for any purpose when such use involves an automated system for the selection or dialing of telephone numbers and the playing of a recorded message when a connection is completed to the called number unless the recorded message clearly states the name and telephone number of the person or organization initiating the call within the first 20 seconds of the call and again clearly states the name and telephone number of the person or organization initi ating the call at the conclusion of the recorded message.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) The Attorney General or any telephone company servicing an area to which or from which automated calls are made or any aggrieved person may seek injunctive relief to en force this Code section.
16-11-92. (a) No person shall use a telephone or knowingly allow a telephone to be used for any purpose when such use involves an automated system for the selection or dialing of telephone numbers and the playing of a recorded message when a connection is completed to the called number unless the equipment through which such calls are placed is so designed, maintained, and operated that the connection with the number called is automati cally and immediately terminated by the cradling or other disconnecting of the telephone to which each call is placed.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) The Attorney General or any telephone company servicing an area to which or from which automated calls are made or any aggrieved person may seek injunctive relief to en force this Code section.
(d) The provisions of this part shall be enforced by the administrator of the 'Fair Busi ness Practices Act of 1975' in the same manner as the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975' are enforced; and in enforce ment of this part the administrator shall have all the same powers, duties, rights, and reme dies which the administrator has in the enforcement of the 'Fair Business Practices Act of 1975.' The administrator may in such manner take action with respect to any violation of this part without regard to whether the violation of this part involves a consumer transac tion or consumer acts or practices."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it

THURSDAY, FEBRUARY 6, 1986

437

had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that HB 790 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 790 was com mitted to the Senate Committee on Governmental Operations.

HB 1173. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-10-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Cosmetology, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker B8TM68
fond owen BBrraannntloenv Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal

English Engram Fincher Foster Garner
Gillis Greene ,,Harris Harrison Hlne Holloway Horton Howard Huggins Land

Langford McGill McKenzie peevy Perry
Phillips Reddish S,, cott o,f 20nd, Scott of 36th Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative were Senators Coverdell and Stumbaugh.

Those not voting were Senators:

Coleman Dean Hudgins

Kennedy (presiding) Kidd Ray

Starr Timmons

On the passage of the bill, the yeas were 46, nays 2.

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

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HB 1213. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Geor gia Annotated, as amended.
Senate Sponsor: Senator Deal of the 49th.

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

Those voting in the affirmative were Senators:

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

Dawkins Deal English Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Huggins Kidd Land

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

Those not voting were Senators:

Brannon Dean Engram Holloway

Howard Hudgins Kennedy (presiding) McGill

McKenzie Ray Reddish Starr

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1214. By Representatives Walker of the 115th, Johnson of the 72nd, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending Title 47 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

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439

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

TO:
FROM: DATE: SUBJECT:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Larry Walker State Representative
G.W. Hogan, State Auditor
December 16, 1985
LC 9 4312-HB 1214 Retirement and Pensions
This Bill would correct typographical, stylistic, and other errors in the Official Code of Georgia Annotated. The retirement systems affected by this Bill include the Employees Retirement System, the Legislative Retirement System, the Superior Court Clerks' Retirement Fund, and the Peace Officers' Annuity and Benefit Fund.
This is to certify that this is a non-fiscal bill to the retirement systems.
/a/ G. W. Hogan State Auditor

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Foster Gillis Harris Hine Holloway Horton Howard Huggins Kidd Land Langford McGill

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

Those not voting were Senators:

Barker Brannon Engram Fincher

Garner Greene Harrison Hudgins

Kennedy (presiding) Ray Starr

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to regulate the use of automatic dialing and recorded message players for certain purposes.
Senate Sponsor: Senator Hudgins of the 15th.

Senator Kidd of the 25th moved that HB 1218 be committed to the Senate Committee on Governmental Operations.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1218 was com mitted to the Senate Committee on Governmental Operations.

HB 1219. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-7-27 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Barbers, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Kidd of the 25th.

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Coverdell and Stumbaugh. Those not voting were Senators:

Albert Brannon

Hudgins Kennedy (presiding)

Ray Starr

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 6, 1986

441

HB 1220. By Representatives Hooks of the 116th, Chambless of the 133rd, Thomas of the 69th and Pannell of the 122nd:
A bill to amend Code Section 15-10-101 of the Official Code of Georgia Anno tated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a constable.
Senate Sponsor: Senator McKenzie of the 14th.

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

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

Those not voting were Senators:

Brannon Garner Gillis

Hudgins Kennedy (presiding) McGill

Ray Starr Trulock

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

HB 1278. By Representatives Thomas of the 69th, Chambless of the 133rd and Lawson of the 9th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes connected therewith.
Senate Sponsor: Senator Deal of the 49th.

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

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

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Bowen Brantley Bryant Burtn
Cbb Coleman Coverdell Dp aw. kms Dean English Engram Fincher Foster Garner

Gillis Greene Harris Harrison
Hine Holloway H H,,oward, Huggins Kidd Land Langford McKenzie Peevy

Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th Stumbaugh ,,T,at. e 6 Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Brown of 47th. Those not voting were Senators:

Brannon Broun of 46th

Hudgins Kennedy (presiding)

McGill Starr

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1368. By Representatives Chambless of the 133rd, Murphy of the 18th, Thomas of the 69th, Lawson of the 9th and Robinson of the 96th:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to pro vide for reimbursement by counties of expenses of training.
Senate Sponsor: Senator Kidd of the 25th.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes j?ond BranUe Brown'oMTth Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster
Garner Gillis Har"S "arrison Hlne Holloway Horton Howard Huggins Kidd Langford

McGill McKenzie Peevy perry
Phillips Ray ScOtt f 2nd Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 6, 1986

443

Voting in the negative was Senator Coverdell. Those not voting were Senators:

Brannon Broun of 46th Greene

Hudgins Kennedy (presiding) Land

Reddish Scott of 36th Starr

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1382. By Representatives Couch of the 40th, Triplett of the 128th, Walker of the 115th, Selman of the 32nd and Adams of the 36th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to authorize the com missioner of transportation to issue a permit in writing authorizing the applicant to operate or move modular or sectional housing units upon the state's public roads under certain conditions.
Senate Sponsor: Senator Coleman of the 1st.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Barker Bowen Brannon

Hudgins Kennedy (presiding)

Land Scott of 36th

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HR 515. By Representative Greer of the 39th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions relating to the re peal of the resolution.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

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

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

Those not voting were Senators:

Barker Bowen Brannon

Garner Kennedy (presiding) Land

Phillips Scott of 36th

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the Senate, having been read the third time on January 31 and postponed until February 4, and postponed on February 5 until February 6, was put upon its passage:

SB 223. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employ ees' Retirement System of Georgia, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local re tirement system.

THURSDAY, FEBRUARY 6, 1986

445

The Senate Committee on Retirement offered the following substitute to SB 223:
A BILL
To be entitled an Act to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement System of Georgia, so as to provide that certain employees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retirement System of Georgia or remain members of a local retirement system; to provide for certain creditable service and for requirements relative thereto; to provide that such employees entering ser vice after a certain date shall become members of the employees retirement system; to pro vide for control over conflicting laws or ordinances; to provide procedures, requirements, and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain classifications of members of the Employees' Retirement Sys tem of Georgia, is amended by adding at the end of said Part 9 a new Code Section 47-2-297 to read as follows:
"47-2-297. (a) This Code section shall apply only to counties, county boards and depart ments of health, and employees of county boards and departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(b) As used in this Code section, the term:
(1) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(2) 'Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid to such em ployees from state funds or from state funding sources.
(c) An employee of a county board or department of health who was in service on Janu ary 1, 1987, may elect to continue membership in a local retirement system, and the rights and obligations of the employee as a member of such local retirement system shall continue without change. For those employees electing to continue membership in a local retirement system, the Department of Human Resources shall pay to the county an amount equal to the amount which would be paid by said department as employer contributions to this re tirement system as if such employees were members of this retirement system. It is specifi cally provided, however, that such employer contributions shall be based on state compensa tion paid to such employees or on the basis of the amount paid from state funds to the county as compensation for such employees, and salary supplements shall not be considered in the determination of the amount of such employer contributions. The employer contribu tions paid to a county pursuant to this subsection shall be paid to such county at the same time that employer contributions would be paid to this retirement system as if such employ ees had elected membership in this retirement system as authorized by subsection (d) of this Code section. An employee electing to continue membership in a local retirement sys tem as authorized by this subsection need not take affirmative action to exercise such option but on and after April 1, 1987, no such employee may exercise the option provided by sub section (d) of this Code section.
(d) (1) An employee of a county board or department of health who was in service on January 1, 1987, may elect to become a member of this retirement system. Subject to the

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requirements of this subsection, any such employee so electing may obtain creditable service under this retirement system equivalent to creditable service the employee had under the local retirement system. Upon notification in writing by the board of trustees of this retire ment system to the governing authority of the county and to the board of trustees or other managing body of the local retirement system, the following payments shall be made to the board of trustees on behalf of each employee electing to become a member of this retire ment system:
(A) An amount paid by the board of trustees or other managing body of the local retire ment system equal to the employee contributions, plus regular interest thereon, which would have been paid under this retirement system as if the employee had been a member of this retirement system during service as an employee; plus
(B) An amount paid by the board of trustees or other managing body of the local retire ment system equal to the employer contributions, plus regular interest thereon, which had been paid to the local retirement system by the county on behalf of the employee; plus
(C) An amount paid by the county from county funds which, when added to the amounts under subparagraphs (A) and (B) of this paragraph, shall be sufficient to grant the creditable service under this retirement system authorized by this paragraph without creat ing any accrued liability, as a result of granting such creditable service, against this retire ment system; plus
(D) An amount certified by the board of trustees of this retirement system to be paid by the county from county funds which is sufficient to reimburse the board of trustees of this retirement system for the administrative and actuarial expenses incurred by said board to effectuate the transfer of employees of a county board or department of health to this retirement system as authorized by this subsection.
(2) The employee contributions paid to the board of trustees under subparagraph (A) of paragraph (1) of this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under paragraph (1) of this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by paragraph (1) of this subsection upon the records of the employee becoming a member of this retirement system.
(3) Employees subject to this subsection shall exercise the option provided by this sub section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than April 1, 1987. A failure to provide such notification by that date shall be equivalent to the exercise of the option provided by subsection (c) of this Code section. After receiving the notifications pro vided for by this paragraph, the board of trustees shall establish the effective date on which all employees who exercise the option provided for by this subsection shall be transferred to and become members of this retirement system.
(e) A person employed by a county board or department of health after January 1, 1987, shall become a member of this retirement system as a condition of employment and shall not be eligible for membership in a local retirement system.
(f) For employees becoming members of this retirement system pursuant to subsections (d) and (e) of this Code section:
(1) The total compensation received by such employees, including salary supplements, shall be the compensation of such employees for all purposes under this retirement system;
(2) Employee contributions shall be paid on the basis of total compensation received by the employees as provided by paragraph (1) of this subsection and such employee contribu tions shall be deducted from the compensation of such employees;
(3) Employer contributions paid from state funds shall be based on state compensation

THURSDAY, FEBRUARY 6, 1986

447

paid to the employees or on state funds paid to the county for the compensation of such employees;
(4) Employer contributions on salary supplements shall be paid entirely from county funds; and
(5) The county shall make payments to the board of trustees as necessary to carry out the requirements of this subsection.
(g) Employees of a county board or department of health who become members of this retirement system pursuant to this Code section shall be subject to Code Section 47-2-334, except to the extent that said Code section prohibits obtaining prior service as creditable service as authorized by subsection (d) of this Code section.
(h) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."
Section 2. This Act shall become effective on January 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1986

SUBJECT: Updated Actuarial Investigation--Senate Bill 223S (LC 7 6106S)
Employees' Retirement System

This Bill would allow persons employed on January 1, 1987 by county boards and de partments of health in counties having at least 550,000 population to join the Employees Retirement System (ERS). For those employees electing to remain members of the local retirement system, the Georgia Department of Human Resources (DHR) would pay the counties an amount equal to the employer's contribution to the ERS as if the employees were ERS members. Salary supplements paid to employees by counties would not be in cluded when determining employer contribution amounts.

County employees may obtain creditable service in ERS equivalent to the service they accrued under the local system if the following payments are made on their behalf:

1. An amount paid by the managing body of the local retirement system equal to the employee contributions, plus regular interest, which would have been paid as if the em ployee were an ERS member.

2. An amount paid by the managing body of the local retirement system equal to the employer contribution, plus regular interest, paid to the local system for the employee.

3. An amount paid by the county with county funds which, when added to 1 and 2 above, is sufficient to grant creditable service under ERS without creating an accrued liabil ity against ERS.

4. An amount certified by the ERS board of trustees as sufficient payment by the

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county to reimburse ERS for administrative and actuarial expenses incurred when effecting the transfer of employees from local systems to ERS.

Procedures for depositing contributions paid to the ERS board of trustees to gain cred itable service are outlined in the Bill. Contributions by local employees electing to join ERS are to be based on their total compensation, including salary supplements.

The option for persons employed on January 1, 1987 to join ERS or obtain creditable service in the system expires on April 1, 1987; however, persons employed after January 1, 1987 must join ERS and are not eligible for membership in a local retirement system. The board of trustees will establish a single date for the transfer of employees to ERS after the April 1, 1987 deadline. The Act becomes effective January 1, 1987.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods with a $1.0 billion estimated payroll.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$ 1,559,000

(3) Current employer contribution rate in effect

16.50%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill

16.50%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$168,952,000

The additional annual cost to the employer as a result of this bill is $3,952,000. This is 16.50% of the $23,950,000 state-paid payroll of the affected members.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G.W. Hogan State Auditor

Senator Bond of the 39th offered the following substitute to SB 223:

A BILL
To be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employ ees of county boards and county departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to become members of the Employees' Retire ment System of Georgia or remain members of a local retirement system; to provide for certain creditable service and for requirements relative thereto; to provide that such em ployees entering service after a certain date shall become members of the employees retire ment system; to provide for control over conflicting laws or ordinances; to provide proce dures, requirements, and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relat-

THURSDAY, FEBRUARY 6, 1986

449

ing to classifications of certain officials and employees, a new Code Section 47-2-297 to read as follows:
"47-2-297. (a) This Code section shall apply only to counties, county boards and depart ments of health, and employees of county boards and departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(b) As used in this Code section, the term:
(1) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(2) 'Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid to such em ployees from state funds or from state funding sources.
(c) An employee of a county board or department of health who was in service on Janu ary 1, 1987, may elect to continue membership in a local retirement system, and the rights and obligations of the employee as a member of such local retirement system shall continue without change. For those employees electing to continue membership in a local retirement system, the Department of Human Resources shall pay to the county an amount equal to the amount which would be paid by said department as employer contributions to this re tirement system as if such employees were members of this retirement system. It is specifi cally provided, however, that such employer contributions shall be based on state compensa tion paid to such employees or on the basis of the amount paid from state funds to the county as compensation for such employees, and salary supplements shall not be considered in the determination of the amount of such employer contributions. The employer contribu tions paid to a county pursuant to this subsection shall be paid to such county at the same time that employer contributions would be paid to this retirement system as if such employ ees had elected membership in this retirement system as authorized by subsection (d) of this Code section. An employee electing to continue membership in a local retirement sys tem as authorized by this subsection need not take affirmative action to exercise such option but on and after April 1, 1987, no such employee may exercise the option provided by sub section (d) of this Code section.
(d) (1) An employee of a county board or department of health who was in service on January 1, 1987, may elect to become a member of this retirement system. Subject to the requirements of this subsection, any such employee so electing may obtain creditable service under this retirement system equivalent to creditable service the employee had under the local retirement system. Upon notification in writing by the board of trustees of this retire ment system to the governing authority of the county and to the board of trustees or other managing body of the local retirement system, the following payments shall be made to the board of trustees on behalf of each employee electing to become a member of this retire ment system:
(A) An amount paid by the board of trustees or other managing body of the local retire ment system equal to the employee contributions, plus regular interest thereon, which would have been paid under this retirement system as if the employee had been a member of this retirement system during service as an employee; plus
(B) An amount paid by the board of trustees or other managing body of the local retire ment system equal to the employer contributions, plus regular interest thereon, which had been paid to the local retirement system by the county on behalf of the employee; plus
(C) An amount paid by the county from county funds which, when added to the amounts under subparagraphs (A) and (B) of this paragraph, shall be sufficient to grant the creditable service under this retirement system authorized by this paragraph without creat-

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ing any accrued liability, as a result of granting such creditable service, against this retire ment system; plus
(D) An amount certified by the board of trustees of this retirement system to be paid by the county from county funds which is sufficient to reimburse the board of trustees of this retirement system for the administrative and actuarial expenses incurred by said board to effectuate the transfer of employees of a county board or department of health to this retirement system as authorized by this subsection.
(2) The employee contributions paid to the board of trustees under subparagraph (A) of paragraph (1) of this subsection shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under paragraph (1) of this subsection shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by this subsection, the board of trustees shall enter the creditable service provided for by paragraph (1) of this subsection upon the records of the employee becoming a member of this retirement system.
(3) Employees subject to this subsection shall exercise the option provided by this sub section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than April 1, 1987. A failure to provide such notification by that date shall be equivalent to the exercise of the option provided by subsection (c) of this Code section. After receiving the notifications pro vided for by this paragraph, the board of trustees shall establish the effective date on which all employees who exercise the option provided for by this subsection shall be transferred to and become members of this retirement system.
(e) A person employed by a county board or department of health after January 1, 1987, shall become a member of this retirement system as a condition of employment and shall not be eligible for membership in a local retirement system.
(f) For employees becoming members of this retirement system pursuant to subsections (d) and (e) of this Code section:
(1) The total compensation received by such employees, including salary supplements, shall be the compensation of such employees for all purposes under this retirement system;
(2) Employee contributions shall be paid on the basis of total compensation received by the employees as provided by paragraph (1) of this subsection and such employee contribu tions shall be deducted from the compensation of such employees;
(3) Employer contributions paid from state funds shall be based on state compensation paid to the employees or on state funds paid to the county for the compensation of such employees;
(4) Employer contributions on salary supplements shall be paid entirely from county funds; and
(5) The county shall make payments to the board of trustees as necessary to carry out the requirements of this subsection.
(g) Employees of a county board or department of health who become members of this retirement system pursuant to this Code section shall be subject to Code Section 47-2-334, except to the extent that said Code section prohibits obtaining prior service as creditable service as authorized by subsection (d) of this Code section.
(h) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."
Section 2. This Act shall become effective on January 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Zell Miller

Lieutenant Governor

FROM:

G. W. Hogan, State Auditor

DATE:

February 6, 1986

SUBJECT: Senate Bill 223 Substitute (LC 7 6302S) Employees Retirement System

This Bill would allow persons employed on January 1, 1987 by county boards and de partments of health in counties having at least 550,000 population to join the Employees Retirement System (ERS). For those employees electing to remain members of the local retirement system, the Georgia Department of Human Resources (DHR) would pay the counties an amount equal to the employer's contribution to the ERS as if the employees were ERS members. Salary supplements paid to employees by counties would not be in cluded when determining employer contribution amounts.

County employees may obtain creditable service in ERS equivalent to the service they accrued under the local system if the following payments are made on their behalf:

1. An amount paid by the managing body of the local retirement system equal to the employee contributions, plus regular interest, which would have been paid as if the em ployee were an ERS member.

2. An amount paid by the managing body of the local retirement system equal to the employer contribution, plus regular interest, paid to the local system for the employee.

3. An amount paid by the county with county funds which, when added to 1 and 2 above, is sufficient to grant creditable service under ERS without creating an accrued liabil ity against ERS.

4. An amount certified by the ERS board of trustees as sufficient payment by the county to reimburse ERS for administrative and actuarial expenses incurred when effecting the transfer of employees from local systems to ERS.

Procedures for depositing contributions paid to the ERS board of trustees to gain cred itable service are outlined in the Bill. Contributions by local employees electing to join ERS are to be based on their total compensation, including salary supplements.

The option for persons employed on January 1, 1987 to join ERS or obtain creditable service in the system expires on April 1, 1987; however, persons employed after January 1, 1987 must join ERS and are not eligible for membership in a local retirement system. The board of trustees will establish a single date for the transfer of employees to ERS after the April 1, 1987 deadline. The Act becomes effective January 1, 1987.

This is to certify that this is a nonfiscal substitute to Senate Bill 223 Substitute (LC 7 6106S).

/s/ G. W. Hogan State Auditor

On the adoption of the substitute to SB 223 offered by the Senate Committee on Re tirement, the yeas were 2, nays 35, and the substitute was lost.

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On the adoption of the substitute offered by Senator Bond of the 39th, the yeas were 35, nays 2, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Burton Cobb Coverdell Dawkins

Deal Dean Engram Foster Garner Greene Harrison Hine Holloway Horton Hudgins Kidd Langford

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

Those voting in the negative were Senators:

English Fincher Gillis

Harris Huggins McGill

Peevy Ray

Those not voting were Senators:

Brannon Broun of 46th Coleman

Howard Kennedy (presiding) Land

Phillips Tolleson

On the passage of the bill, the yeas were 40, nays 8.

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

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

SR 334. By Senators Bond of the 39th, Scott of the 2nd, Trulock of the 10th and others: A resolution creating the Governor's Commission on Black on Black Crime.

Senators Bond of the 39th and Scott of the 2nd offered the following substitute to SR
334:

A RESOLUTION
Creating the Governor's Commission on Black on Black Crime; and for other purposes.
WHEREAS, the number of crimes committed by black persons against other black per sons is substantially higher than any other combination of crimes committed by one ethnic group against another; and

THURSDAY, FEBRUARY 6, 1986

453

WHEREAS, this pattern of excessive black on black crime has existed in the United States for many years and is continuing at an increasing rate; and
WHEREAS, there should be a systematic study to determine the reasons for the high level of black on black crime to the end that once the reasons are understood, effective measures may be taken or encouraged by the state government to substantially reduce black on black crime.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Criminal Justice Coordinating Council is authorized and directed to gather statistics and other information relative to black on black crime and to prepare a report of its findings for presentation to the Governor's Commission on Black on Black Crime. The director of the Criminal Justice Coordinating Council shall notify the Governor when the report has been published for presentation to the Governor's Commission on Black on Black Crime.
BE IT FURTHER RESOLVED that there is created the Governor's Commission on Black on Black Crime. The commission shall consist of 15 members appointed by the Gov ernor. The Governor shall not appoint the members to such commission until the director of the Criminal Justice Coordinating Council has notified the Governor of the conclusion of the council's work as provided in the preceding paragraph. At least three members of the commission shall be professionals in the fields of criminal justice or social services with a special knowledge of the incidence of black on black crime. The Governor may appoint members of the General Assembly and state officers or employees to such commission. The Governor shall designate the chairperson of the commission, who shall call the organiza tional meeting of the commission. At the organizational meeting, the commission shall elect from its own membership such officers, in addition to the chairperson designated by the Governor, as the commission deems necessary. The commission may designate subcommit tees of its membership in carrying out its duties. All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legisla tive members of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General As sembly who attend meetings of legislative interim committees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from the funds of their respective state departments or agencies. All members of the commission except state officials and employees and members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the office of the Governor. The commis sion may meet at such times and places within the State of Georgia as the commission deems necessary. Any out-of-state travel or meeting of the commission or of any members of the commission must be approved by the Governor prior to such travel.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a study of factors relating to the high incidence of black on black crime to determine the reasons therefor. The commission may meet or consult with such persons as may be able to assist the commission in carrying out its duty. With the prior approval of the Governor, the commission may reimburse the travel and other expenses of persons from out-of-state who appear before or meet with the commission to provide information relative to the commis sion's study.
BE IT FURTHER RESOLVED that the commission shall, upon completion of its study, issue its report thereon to the Governor and to the General Assembly, at which time the commission shall stand abolished. Any vacancy which occurs on the commission prior to the issuance of the commission's report shall be filled by appointment of the Governor. If any legislative member of the commission ceases to be a member of the General Assembly, a vacancy shall be created on the commission and the Governor shall appoint a successor from the General Assembly.
BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the office of the Governor, except as otherwise provided by this resolution.

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On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

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

Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd

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

Voting in the negative was Senator Langford. Those not voting were Senators:

Brannon Garner Hudgins

Kennedy (presiding) McGill

McKenzie Tolleson

On the adoption of the resolution, the yeas were 48, nays 1.

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

Senator Broun of the 46th introduced the Clarke Central High School Football team and coaches who were commended by SR 348 and SR 349, adopted previously.

Senator Land of the 16th introduced the doctor of the day, Dr. John Watson, of Colum bus, Georgia.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Joe Frank Harris, in a communication to the Senate on January 13, which is included in the Journal of January 13.

Senator Allgood of the 22nd asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appointments unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.

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455

The Committee on Higher Education submitted the following report which was read by the Secretary:

The State Senate
Atlanta, Georgia 30334
January 27, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Building Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met and considered the Governor's ap pointee to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the following appointee be confirmed:
The Honorable John W. Robinson, Jr., of Barrow County as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 7, 1986 and ending January 1, 1993.
Sincerely,
Isl W. W. Fincher, Jr. Chairman, Senate Higher Education Committee

No Senator requested that the name of any appointee be deleted.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen BBorraonutnleoycf 4A6OtIh\. Brown of 47th BBruyratonnt
Cobb Coleman
Coverdell
Dawkins
Deal

Dean English Engram Fincher Foster Garner Gillis GuHraererinse Harrison HHoinlleoway
Horton Howard
Huggins
Kidd
Land

Langford McGill McKenzie Peevy Perry Phillips p QS0 cof.t.tt ofet 2oocn.Ad, ?cott of 36th Sttaum" baughu
Tate Timmons
Trulock
Turner
Tysinger

Those not voting were Senators:

Brannon Hudgins

Kennedy (presiding) Reddish

Tolleson Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and all of the appointees were confirmed.

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On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Joe Frank Harris:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
February 6, 1986
Honorable Joe Frank Harris Governor State Capitol Atlanta, GA
Dear Governor Harris:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on January 13, 1986, were acted upon by the Georgia State Senate in session on February 6, 1986, with the following results:
Honorable Gregory C. Ellison, C.P.A., of Fulton County as a member of the State Board of Accountancy, for the term of office beginning September 19, 1985, and ending June 30, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985, and ending June 30, 1986: William R. Howard of Fulton County; Patricia J. Steding of Fulton County; Michael R. Howren of Bartow County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable William A. Roquemore of Lanier County as a member of the Georgia Agri cultural Exposition Authority, for the term of office beginning July 1, 1985, and ending June 30, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985, and ending June 30, 1988: Foster Rhodes of Houston County; Emory Greene of Bibb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Agricultural Exposition Au thority, for the term of office beginning July 1, 1985, and ending June 30, 1989: James Eu gene Sutherland of Fulton County; Ralph L. Collins of Mitchell County; Joel Cowan of Fayette County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable James W. Buckley of Emanuel County as a member of the State Board of Architects, for the term of office beginning December 6, 1985, and ending March 5, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Hubert W. Whelchel, D.C., of Fulton County as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning July 2, 1985, and ending August 20, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Chiropractic Exam iners, for the term of office beginning August 27, 1985, and ending August 20, 1988: John Ellis, D.C., of Spalding County; Hewett M. Alden, D.C., of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Amon L. Corn of Forsyth County as a member of the Board of Corrections, for the term of office beginning August 12, 1985, and ending July 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

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457

Honorable J.E. Autry, Jr., of Mitchell County as a member of the Board of Corrections, for the term of office beginning August 12, 1985, and ending July 1, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Corrections, for the term of office beginning August 22, 1985, and ending July 1, 1990: Victor B. Davis of Rockdale County; John A. Dana of Washington County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Billie R. Capps of Houston County as a member of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985, and ending May 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Linda Caudell of Banks County as a member of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985, and ending August 9, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia State Board of Cosmetology, for the term of office beginning June 10, 1985, and ending May 1, 1988: Jimmie LaShawn Jones of DeKalb County; Paul R. La Mons of Cobb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Willie Ella Wilson of Cobb County as a member of the Georgia State Board of Cosmetology, for the term of office beginning July 1, 1985, and ending July 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning July 1, 1985, and ending June 30, 1987: Lou J. Bennett, R.D., of Crisp County; Evelyn D. Brown of Fulton County; Willie I. Griffin of Cobb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Examiners of Li censed Dietitians, for the term of office beginning July 1, 1985, and ending June 30, 1989: M. Josephine Martin, Ph.D., of DeKalb County; Mary Glenn, R.D., of DeKalb County; Pam Mclntyre of Toombs County; Susan Shaw of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Russell Chapman, Jr., of Barrow County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning July 17, 1985, and ending June 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Ann W. Cramer of Fulton County as a member of the State Board of Regis tration for Professional Engineers and Land Surveyors, for the term of office beginning July 17, 1985, and ending June 30, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Alfred H. Bolton, III, of Spalding County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning August 12, 1985, and ending June 1, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Fair Employment Practices Board, for the term of office beginning July 8, 1985, and ending September 29, 1987: Phyllis Freeman, D.S.W., of Fulton County; Roland E. Blanding, Jr., of Fulton County; Thomas F. Jones of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable J. Larry Boss, M.D., of Carroll County as a member of the Joint Board of Family Practice, for the term of office beginning November 12, 1985, and ending July 1, 1991. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Fair Employment Practices Board, for

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the term of office beginning December 6, 1985, and ending September 29, 1988: Marymal M. Dryden of Fulton County; Richard T. de Mayo of Fulton County; Nancy Lane Stone of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Duross Fitzpatrick of Twiggs County as a member of the Georgia Forest Research Council, for the term of office beginning August 14, 1985, and ending August 25, 1991. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable William H. Droze of Morgan County as a member of the Georgia Forest Research Council, for the term of office beginning August 26, 1985, and ending August 25, 1992. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Benjamin Weldon Bickers of Fulton County as a member of the Georgia State Board of Funeral Service, for the term of office beginning May 15, 1985, and ending May 1, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James M. Weeks of Chatham County as a member of the State Board of Funeral Service, for the term of office beginning June 12, 1985, and ending February 13, 1991. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources, for the term of office beginning April 17, 1985, and ending April 6, 1990: Helen Gnann Byars of DeKalb County; W. Lamar Cousins, M.D., of Cobb County; David T. Johnson of Chatham County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Frank Barron of Floyd County as a member of the Board of Industry and Trade, for the term of office beginning April 18, 1985, and ending July 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry and Trade, for the term of office beginning July 15, 1985, and ending July 1, 1990: William Y. Barton of Clayton County; Raymond W. Willingham of Ware County; William B. Kuhlke, Jr., of Rich mond County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Thomas M. Keith, Jr., of Cobb County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985, and ending April 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Nella Gatewood of Fulton County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985, and ending July 1, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable June D. Harrell of Fulton County as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 2, 1985, and ending April 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Mae Morgan, L.P.N., of Ware County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 16, 1985, and ending April 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Joyce E. Reynolds, L.P.N., of Paulding County as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning July 16, 1985, and ending July 1, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Examiners of Li censed Practical Nurses, for the term of office beginning July 16, 1985, and ending May 1, 1989: Dorothy Peterson, R.N., of Columbia County; Shirley S. Dyer, L.P.N., of Cobb

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459

County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Council on Maternal and Infant Health, for the term of office beginning August 20, 1985, and ending July 18, 1985: J. Teddy Holloway, M.D., of Brantley County; Pat Fenlon of Thomas County; Roberta M. Brown of Franklin County; Richard A. Wherry, M.D., of Lumpkin County; Donald M. Sherline, M.D., of Columbia County; Jane F. Kimbel, R.N., of Clarke County; Byllye Avery of Fulton County; G.H. Perrow, M.D., of Pickens County; Carol G. Pryor, M.D., of Richmond County; Elizabeth S. Tucker of Richmond County; T. Schley Gatewood, Jr., M.D., of Sumter County; Carol P. Motley, M.D., of Muscogee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Medical Assistance, for the term of office beginning June 11, 1985, and ending June 30, 1988: Joseph H. Patterson, M.D., of Fulton County; Ann McKee Parker of Fulton County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Beauty P. Baldwin of Gwinnett County as a member of the Board of Medi cal Assistance, for the term of office beginning July 1, 1985, and ending June 30, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable G. Gordon Irwin, D.O., of DeKalb County as a member of the Composite State Board of Medical Examiners, for the term of office beginning June 11, 1985, and end ing September 10, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James H. Butler of Cobb County as a member of the Board of Natural Re sources, for the term of office beginning June 25, 1985, and ending March 16, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Stephen E. Sanford, L.D.O., of Gwinnett County as a member of the State Board of Dispensing Opticians, for the term of office beginning July 2, 1985, and ending March 16, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Charles Spencer Hamilton of Richmond County as a member of the State Board of Examiners in Optometry, for the term of office beginning December 4, 1985, and ending July 1, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Examiners in Optome try, for the term of office beginning December 4, 1985, and ending September 6, 1988; T. Joel Byars, O.D., of DeKalb County; John P. Hendrix, Jr., O.D., of Gwinnett County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Mobley Howell of Fulton County as a member of the State Board of Par dons and Paroles, for the term of office beginning December 31, 1985, and ending December 31, 1992. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Susan Landrum of Pickens County as a member of the State Personnel Board, for the term of office beginning May 20, 1985, and ending January 3, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Howard Fowler of Gwinnett County as a member of the State Personnel Board, for the term of office beginning May 20, 1985, and ending January 3, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Postsecondary Voca tional Education, for the term of office beginning July 1, 1985, and ending June 30, 1990: Dorothy Pelote of Chatham County; Roy H. Mercer, Jr., of Randolph County; Julia M. Payne of Muscogee County; Therman McKenzie of DeKalb County; Walter W. Sessoms of Fulton County; Parks W. Burton of Carroll County; Chester Adair Austin of Cobb County;

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William T. Wiley, Jr., of Bibb County; James C. Harrington, Jr., of Forsyth County; Eugene Hunt of Richmond County; O.L. Comer of Sumter County; Charles Matthews of Hall County; Betty Jones of Fulton County; Frank R. Howard of DeKalb County; John A. Wil liams of Fulton County. The vote on this confirmation was yeas 50, nays 0, and the nomi nees were confirmed.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning March 14, 1985, and ending July 1, 1988: E. Stanley Reynolds of Cobb County; Rex E. Mote, Jr., of Cobb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning November 14, 1985, and ending July 1, 1989: Willie Talton of Houston County; Reverend Stewart Reese, Jr., of DeKalb County; James Robert Hamrick of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Johnnie R. Miller of DeKalb County as a member of the Professional Stan dards Commission, for the term of office beginning May 29, 1985, and ending November 19, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission, for the term of office beginning May 29, 1985, and ending November 19, 1987: Alphonse Buccino, Ph.D., of Clarke County; Faye Fox of Whitfield County; Audrey Olsen of Glynn County; Guy H. Davis, D.D.S., of Carroll County; James O. Miller, Ph.D., of DeKalb County; Betty Hickman of Fulton County; Elizabeth Brown Sloop, Ed.D., of DeKalb County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Jean Walburg Humphrey of Fulton County as a member of the State Board of Examiners in Psychologists, for the term of office beginning December 6, 1985, and end ing July 1, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Daniel B. Rather of Fulton County as a member of the Georgia Real Estate Commission, for the term of office beginning July 10, 1985, and ending January 26, 1990. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James R. Drinnon of DeKalb County as a member of the Georgia Board of Registered Professional Sanitarians, for the term of office beginning May 15, 1985, and end ing November 22, 1985. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Carolyn Jeter of Fulton County as a member of the Georgia Board of Regis tered Professional Sanitarians, for the term of office beginning May 15, 1985, and ending June 30, 1986. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Board of Registered Profes sional Sanitarians, for the term of office beginning May 15, 1985, and ending November 22, 1986: R. L. Tindol, Jr., of Fulton County; Harold M. Barnhart, Jr., Ph.D., of Oconee County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of Registered Profes sional Sanitarians, for the term of office beginning May 15, 1985, and ending November 22, 1987: Cecil A. Baldwin, Jr., of Bibb County; William J. Moore of Jones County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Charles H. Murphy of Clayton County as a member of the Georgia Board of Registered Professional Sanitarians, for the term of office beginning May 15, 1985, and end ing November 31, 1987. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.

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461

The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning September 1, 1985, and ending December 31, 1987: Richard M. Christian of Dougherty County; Carl F. Johnson of DeKalb County; Paul W. Ammons; Ed.D., of Oconee County; E. Diane Davis, A.C.S.W., of Fulton County; Andrew A. Cox, Ed.D., of Harris County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning September 1, 1985, and ending December 31, 1988: Jan Shepherd, M.Ed., of Hall County; B. Jane Skelton of DeKalb County; W. Worth Bridges, Jr., Ed.D., of Tift County; Rosemary Fitts Funderburg, M.S., A.C.S.W., of Fulton County; Albert L. Cardwell, D.Min., of Bibb County. The vote on this confirmation was yeas 50, nays 0, and the nomi nees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning April 4, 1985, and ending March 15, 1990: Berta G. Adams of Chatham County; John T. Hurley, Jr., of Clarke County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Student Finance Commission, for the term of office beginning April 4, 1985, and ending March 15, 1991: Anne P. Tamplin of Morgan County; Eunice L. Mixon of Tift County. The vote on this confirmation was yeas 50, nays 0, and the nominees were confirmed.
Honorable Walter Y. Murphy of Troup County as a member of the Georgia Student Finance Commission, for the term of office beginning November 21, 1985, and ending March 15, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable John W. Robinson, Jr., of Barrow County as a member of the Board of Re gents of the University System of Georgia, for the term of office beginning January 7, 1985, and ending January 1, 1993. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Registration of Used Car Dealers, for the term of office beginning July 17, 1985, and ending May 20, 1990: Ralph Lipsey of Chatham County; Freddie Massey of Clarke County. The vote on this confirma tion was yeas 50, nays 0, and the nominees were confirmed.
Honorable Ranee J. Taylor of Colquitt County as a member of the Veterans Service Board, for the term of office beginning April 2, 1985, and ending April 1, 1992. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Julian L. Veatch, D.V.M., of Jefferson County as a member of the State Board of Veterinary Medicine, for the term of office beginning March 28, 1985, and ending September 16, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Neal A. Wellons of Henry County as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning April 4, 1985, and ending August 17, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable Oliver R. Delk, HI, of DeKalb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Lab oratory Analysts, for the term of office beginning June 19, 1985, and ending June 30, 1988. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Honorable James W. Paris of Barrow County as a member of the State Board of Work-

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ers" Compensation, for the term of office beginning October 25, 1985, and ending May 1, 1989. The vote on this confirmation was yeas 50, nays 0, and the nominee was confirmed.
Sincerely, /s/ Hamilton McWhorter, Jr.
Secretary of the Senate
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:38 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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463

Senate Chamber, Atlanta, Georgia Friday, February 7, 1986
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1005. By Representatives Anderson of the 8th and Barnett of the 10th: A bill to create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board.
HB 1115. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to provide that the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes.
HB 1116. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A bill to provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes.
HB 1563. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham.
HB 1564. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the General Hospital Authority of West Chatham County.

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HB 1565. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County.
HB 1566. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the constitution of the State of Georgia that constitutional amendment authorizing Chatham County to enact or dinances for the policing of the county, for the levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the es tablishment of a county recorder's court.
HB 1567. By Representatives Pannell of the 122nd, Triplett of the 128th, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system.
HB 1568. By Representatives Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and per sonal property at such times and in such manner as the commissioners may provide.
HB 1569. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided.
HB 1587. By Representative Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the election of the chair man and members of the Oconee County board of education.
HB 1588. By Representative Stancil of the 66th:
A bill to authorize the governing authority of Morgan County to impose business and occupational license taxes and license fees upon persons, firms, and corpora tions doing business in the unincorporated area of the county; to authorize the governing authority of Morgan County to exercise police powers over such per sons, firms, and corporations.

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HB 1590. By Representatives Walker of the 85th, Brown of the 88th and Cheeks of the 89th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council; to provide for continuation in office of the remaining members of council and provide for the election and terms of all successors thereafter.
HB 1596. By Representative Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Butts County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the compensation of the clerk of the superior court.
SB 372. By Senators Harrison of the 37th, Barnes of the 33rd and Tolleson of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4364), so as to change the compensation of said judge.
SB 373. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and others:
A bill to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit.
HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legisla tion newly regulating a business or a profession.
HB 1208. By Representatives Ray of the 98th, Sizemore of the 136th, Benefield of the 72nd, Lawler of the 20th, Heard of the 43rd and others:
A bill to amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational pur poses, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years.
HB 1229. By Representatives Chambless of the 133rd, Thomas of the 69th and Lawson of the 9th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act", so as to provide that a partnership may sue or be sued; to provide that the charging order remedy shall be in addi tion to any other remedy which may exist including the garnishment remedy; and for other purposes.
HB 1464. By Representatives Wilson of the 20th, Buck of the 95th, Alford of the 57th, Dover of the llth, Williams of the 6th and others:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax re funds, so as to include within the definition of claimant agency certain state

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agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs.
HB 1469. By Representatives Kilgore of the 42nd, Burruss of the 20th, Wilson of the 20th, Peters of the 2nd, Coleman of the 118th and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that such taxes may be imposed for any combination of previously au thorized purposes; to provide that such taxes may be imposed for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
HB 1545. By Representatives Byrd of the 153rd, Selman of the 32nd, Jackson of the 65th, Copelan of the 106th, Hudson of the 117th and others:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifica tions for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 482. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas County, Georgia.
HR 679. By Representatives Dover of the llth, Twiggs of the 4th, Clark of the 13th and others:
A resolution urging the Congress of the United States to undertake all appropri ate actions to institute the immediate repeal of Public Law 93-531, the NavajoHopi Land Resettlement Act.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1192. By Representatives Childers of the 15th, Athon of the 57th, Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd and others:
A bill to amend Code Section 31-6-21.1 of the Official Code of Georgia Anno tated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of rules of that agency to certain applications made prior to the effective date of those rules; and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House:
HB 453. By Representative Coleman of the 118th:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner; and for other purposes.

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467

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 488. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning controlled substances, so as to prohibit financial institutions from conducting certain transactions involving monetary instruments any part of which is derived from the unlawful production, sale, or distribution of drugs. Referred to Committee on Banking and Finance.
SB 489. By Senators Turner of the 8th, Barnes of the 33rd, McKenzie of the 14th and others:
A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 or 16-3-24 shall not be held liable in any civil action brought as a result of the threat or use of such force. Referred to Committee on Judiciary and Constitutional Law.
SB 490. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of registering voters in the county shall be authorized to perform other duties as may be required. Referred to Committee on Governmental Operations.
SB 491. By Senators Bryant of the 3rd and Reddish of the 6th: A bill to amend Code Section 31-3-15 of the Official Code of Georgia Annotated, relating to establishment of health districts, so as to change the manner of ap pointing and discharging directors of those health districts; to provide for construction.
Referred to Committee on Human Resources.
SB 492. By Senator Hudgins of the 15th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that a landlord may not prohibit a tenant from using a waterbed; to provide for requiring a tenant using a waterbed in a rental dwelling to obtain insurance; to provide for all matters rela tive to the foregoing. Referred to Committee on Industry and Labor.
SR 360. By Senators Hudgins of the 15th, Cobb of the 28th, Baldwin of the 29th and Engram of the 34th:
A resolution creating the West Georgia Rapid Transit System Study Committee. Referred to Committee on Transportation.
SR 361. By Senators Reddish of the 6th, Burton of the 5th, Scott of the 2nd and others: A resolution providing for the designation of the Culver Kidd Medical and Surgi cal Building.
Referred to Committee on Human Resources.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legisla tion newly regulating a business or a profession.
Referred to Committee on Governmental Operations.
HB 1208. By Representatives Ray of the 98th, Sizemore of the 136th, Benefield of the 72nd, Lawler of the 20th, Heard of the 43rd and others:
A bill to amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational pur poses, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years.
Referred to Committee on Education.
HB 1229. By Representatives Chambless of the 133rd, Thomas of the 69th and Lawson of the 9th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act", so as to provide that a partnership may sue or be sued; to provide that the charging order remedy shall be in addi tion to any other remedy which may exist including the garnishment remedy; and for other purposes.
Referred to Committee on Judiciary.
HB 1464. By Representatives Wilson of the 20th, Buck of the 95th, Alford of the 57th, Dover of the llth, Williams of the 6th and others:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax re funds, so as to include within the definition of claimant agency certain state agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs.
Referred to Committee on Banking and Finance.
HB 1469. By Representatives Kilgore of the 42nd, Burruss of the 20th, Wilson of the 20th, Peters of the 2nd, Coleman of the 118th and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that such taxes may be imposed for any combination of previously au thorized purposes; to provide that such taxes may be imposed for the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipalities.
Referred to Committee on Banking and Finance.
HB 1545. By Representatives Byrd of the 153rd, Selman of the 32nd, Jackson of the 65th, Copelan of the 106th, Hudson of the 117th and others:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifica-

FRIDAY, FEBRUARY 7, 1986

469

tions for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses.
Referred to Committee on Industry and Labor.
HR 482. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas County, Georgia.
Referred to Committee on Public Utilities.
HR 679. By Representatives Dover of the llth, Twiggs of the 4th, Clark of the 13th and others:
A resolution urging the Congress of the United States to undertake all appropri ate actions to institute the immediate repeal of Public Law 93-531, the NavajoHopi Land Resettlement Act.
Referred to Committee on Natural Resources.
HB 1005. By Representatives Anderson of the 8th and Barnett of the 10th:
A bill to create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board.
Referred to Committee on Urban and County Affairs.
HB 1115. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to provide that the homestead of each resident of the Hall County School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes.
Referred to Committee on Urban and County Affairs.
HB 1116. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to provide that the homestead of each resident of the City of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Section 48-5-52 of the Official Code of Georgia Annotated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes.
Referred to Committee on Urban and County Affairs.
HB 1563. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham.
Referred to Committee on Urban and County Affairs.

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HB 1564. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the General Hospital Authority of West Chatham County.
Referred to Committee on Urban and County Affairs.
HB 1565. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County.
Referred to Committee on Urban and County Affairs.
HB 1566. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Chatham County to enact or dinances for the policing of the county, for the levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the es tablishment of a county recorder's court.
Referred to Committee on Urban and County Affairs.
HB 1567. By Representatives Pannell of the 122nd, Triplett of the 128th, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant to the governing authorities of Chatham County authority to establish civil service boards and a civil service system.
Referred to Committee on Urban and County Affairs.
HB 1568. By Representatives Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Chatham County to provide for the payment of taxes due upon real and per sonal property at such times and in such manner as the commissioners may provide.
Referred to Committee on Urban and County Affairs.
HB 1569. By Representatives Triplett of the 128th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided.
Referred to Committee on Urban and County Affairs.

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471

HB 1587. By Representative Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the election of the chair man and members of the Oconee County board of education.
Referred to Committee on Urban and County Affairs.

HB 1588. By Representative Stancil of the 66th:
A bill to authorize the governing authority of Morgan County to impose business and occupational license taxes and license fees upon persons, firms, and corpora tions doing business in the unincorporated area of the county; to authorize the governing authority of Morgan County to exercise police powers over such per sons, firms, and corporations.
Referred to Committee on Urban and County Affairs.

HB 1590. By Representatives Walker of the 85th, Brown of the 88th and Cheeks of the 89th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council; to provide for continuation in office of the remaining members of council and provide for the election and terms of all successors thereafter.
Referred to Committee on Urban and County Affairs.

HB 1596. By Representative Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Butts County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the compensation of the clerk of the superior court.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

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

SB 335. Do pass by substitute.

SB 438. Do pass.

SB 416. Do pass.

SB 483. Do not pass.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 369. Do pass as amended.

SB 440. Do pass by substitute.

SB 384. Do pass as amended.

SB 447. Do pass.

SB 390. Do pass by substitute.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

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Mr. President:

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

SB 411. SB 450. HB 1142. HB 1143.

Do pass by substitute.

HB 1144. Do pass.

Do pass.

HB 1280. Do pass.

Do pass.

HB 1424. Do pass.

Do pass.

HR 363. Do pass.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions and bill of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 278. SR 357. HR 500. HR 512. HR 519.

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

HR 566. HR 580. HR 586. HB 1323.

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

Respectfully submitted,

Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 378. Do pass as amended.
SB 415. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

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

SB 464. HB 1422. HB 1461.

Do pass. Do pass. Do pass.

HB 1497. HB 1514. HB 1515.

Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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473

The following bills of the Senate and House were read the second time:
SB 304. By Senator Kidd of the 25th:
A bill to amend Article 8 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Em ployees' Retirement System of Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of Public Safety; to provide an effective date.
SB 307. By Senator Kidd of the 25th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check when a person issues a check, draft, or order on a bank or other depository when such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered.
SB 393. By Senator Cobb of the 28th:
A bill to amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to pro vide that cards issued to applicants under 21 years of age shall contain certain distinctive characteristics; to provide an effective date.
SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.
SB 417. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize an owner of private property to file a petition with the Department of Public Safety requesting that state and local law enforcement agencies be authorized to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition.
SB 418. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for a program of counseling assistance for state employees; to provide for a declaration of purpose; to define the term "employee assistance"; to provide for program administration and coor dination; to provide for rules and regulations.
SB 442. By Senator Barnes of the 33rd:
A bill to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a de fendant as a first offender or discharge such defendant unless the court has re viewed the defendant's criminal record.

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SB 444. By Senators Greene of the 26th, Trulock of the 10th and Garner of the 30th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5; to pro vide for other matters related to the foregoing.
SB 448. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to repeal certain provi sions which require the clerks of superior courts to furnish to the Georgia Bureau of Investigation records of convictions of sex crimes; to provide an effective date.
SB 451. By Senators Bowen of the 13th, Cobb of the 28th, Harris of the 27th and others:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to require jail officers to be certified peace officers or to complete successfully a training course in order to be eligible to serve as a jail officer in a detention facility; to define certain terms; to provide for administra tion by the Georgia Peace Officer Standards and Training Council.
SB 454. By Senators Deal of the 49th, Barnes of the 33rd and Peevy of the 48th:
A bill to amend Code Section 9-11-36, relating to requests for admission, so as to provide that a request for admission shall not duplicate an allegation of an origi nal pleading; to provide that any request which duplicates such an allegation shall need no reply if the allegation is denied in the original responsive pleading.
SB 455. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Presidential Preference Primary Law," so as to change the provisions relating to the date of the presidential preference pri mary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presidential preference primary by the Governor.
SB 463. By Senators Starr of the 44th and Cobb of the 28th:
A bill to amend Code Section 40-8-21 of the Official Code of Georgia Annotated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers; to provide a definition.
SB 477. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend an Act amending Title 40 of the Official Code of Georgia Anno tated and providing for a motorcycle operator safety training program so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety; to change provi sions relating to the course on motorcycle operator safety.
HB 67. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers to es-

FRIDAY, FEBRUARY 7, 1986

475

tablish certain prior teaching service as creditable service and to retire on the basis of such creditable service and membership service.
HB 186. By Representatives Thomas of the 69th, Lee of the 70th, Cummings of the 17th and others: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to establish creditable service for certain periods of absence due to maternity reasons.
HB 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th and Lawler of the 20th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation.
HB 391. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia.
HB 416. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.
HB 422. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connec tion with the Employees' Retirement System of Georgia, so as to change the pro visions relating to employee and employer contributions in cases where an em ployee elects to continue membership in a local retirement system.
HB 595. By Representative Logan of the 67th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment.
HB 612. By Representative Steinberg of the 46th: A bill to amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, so as to provide for transfers under stated conditions for a particular time period.
HB 666. By Representatives Groover of the 99th and Murphy of the 18th: A bill to amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement Sys tem of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals,

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and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals.
HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th and others:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions.
HB 787. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives.
HB 828. By Representative Johnson of the 72nd:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provi sions regarding death benefits.
HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court.
HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.
HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College.
HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to repeal the defini tion of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners.

FRIDAY, FEBRUARY 7, 1986

477

HB 1314. By Representative Steinberg of the 46th:
A bill to amend Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, so as to provide that the com missioner of corrections serve on the board; to provide for a quorum necessary to transact official business.
HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a popu lation of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances.
HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bond BBBDorroawnuetn.nl,eoyf 46th Brown of 47th
Bryant Burton Cobb
Dawkins English

Engram Fincher Foster Garner Greene HHH,,.oianlrleroisway Horton
Hudgins Huggins Kennedy
Kidd Land

Those not answering were Senators:

McGill Peevy Perry Phillips pj fnR,, ceoAdtdAt-isohuf, ,,2nd, Scott of 36th
Sterr Timmons Tolleson
Trulock Turner

Barnes Brannon Coleman Coverdell Deal

Dean Gillis Harrison Howard Langford

McKenzie Stumbaugh Tate Tysinger Walker

Senator Baldwin of the 29th introduced the chaplain of the day, Reverend Bob Norton, pastor of First Baptist Church, Franklin, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 362. By Senators Tate of the 38th, Bond of the 39th, Kidd of the 25th and Timmons of the llth: A resolution congratulating Henry Mitchell III and inviting him to address the Senate.
SR 363. By Senator Harris of the 27th: A resolution commending "Big" John Sullivan.
SR 364. By Senator Harris of the 27th: A resolution commending Bill Callahan.
Senator Kennedy of the 4th asked unanimous consent to excuse Senator Cobb of the 28th from the Senate today while taking medical treatments; the consent was granted, and Senator Cobb of the 28th was excused from the Senate today while taking medical treatments.
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 7, 1986 SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 464 Harrison, 37th City of Woodstock Cherokee County Amends Act re-creating and re-incorporating city; changes corporate bounda ries of city.
SB 469 McKenzie, 14th City of Ellaville Schley County Amends Act creating new charter for city; changes composition and method of election of mayor and council; provides for council districts for election of said members; provides for qualifications, election, service and terms of said members.
HB 1422 Fincher, 54th City of Chatsworth Murray County Amends Act providing new charter for city; provides the date on which mayor and aldermen shall take office following their election.
HB 1461 Brannon, 51st Fincher, 54th City of Dalton Whitfield County Continues amendment which relates to creation, powers, and operation of Downtown Dalton Development Authority.

FRIDAY, FEBRUARY 7, 1986

479

*HB 1497

Horton, 17th Henry County
Provides for collection of additional costs in cases before the Magistrate Court of said county as law library. (SUBSTITUTE)

HB 1514 Perry, 7th City of Waycross Ware County
Amends Act establishing system of public schools for city; removes from board as an ex officio member the mayor (now city manager) of city.

HB 1515 Perry, 7th City of Waycross Ware County
Amends Act providing and establishing new charter; removes city manager as an ex officio member of Board of Education of city.

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

*HB 1497:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1497:

A BILL
To be entitled an Act to provide for the collection of additional costs in cases before the Magistrate Court of Henry County as law library fees; to provide for the amount of such fees; to provide for certain procedures relating to the collection and remittance of such fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The collection of additional costs in cases before the Magistrate Court of Henry County shall be made for the benefit of the Henry County Law Library. The amount of such fees shall not exceed $3.00. The amount of such fees shall be determined by the chief judge of the Superior Court of Henry County.
(b) The clerk of the Magistrate Court of Henry County shall collect the law library fees and remit the same each month to the treasurer of the board of trustees for the law library.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond

Bowen Brantley Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Dawkins Dean

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English Engram Fincher Foster G/G-, irleliesne Harris
Harrison
Hine Holloway

Hudgins Huggins Kennedy Kidd MTP,eceKvyenzie Perry
Phillips
Ray Reddish

Scott of 2nd Starr Stumbaugh Tate r1r,.immons
Tolleson
Trulock
Turner Tysinger

Those not voting were Senators:

Barker Brannon Cobb (excused) Deal

Garner Horton Howard Land

Langford McGill Scott of 36th Walker

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1497, having received the requisite constitutional majority, were passed.

HB 1497, having received the requisite constitutional majority, was passed by substitute.

SENATE CALENDAR
Friday, February 7, 1986
SEVENTEENTH LEGISLATIVE DAY
SB 222 Juvenile Probation Officers--state subsidies for funding, counties over 100,000 (AMENDMENT) (C&Y--40th)
SB 309 Child Release where Detention Not Warranted--petition when deprived (SUB STITUTE) (C&Y--25th)
SB 314 Labor Relations--unlawful to discharge employee for attending court (AMEND MENTS) (I&L--33rd)
SB 325 Processioning of Property Boundaries--not apply to counties over 125,000 (U&CA-G--9th)
SB 326 False Statement on Purpose of Meeting--deceptive trade practice (I&L--9th)
SB 328 Municipalities in Independent School Systems--revise annexation provisions (SUBSTITUTE) (U&CA-G--32nd)
SB 381 Health Insurance--reimbursements whether services by doctor or nurse (AMENDMENT) (Ins--22nd)
SB 394 Public Facilities Access by Physically Handicapped--exemptions from standards (AMENDMENT) (Hum R--5th)
SB 433 Campground, Marine Memberships--no right of cancellation, unfair practice (I&L--17th)
SB 436 Wardens, Superintendents--may deputize persons in their employ (Corr--30th)
SB 437 Board of Corrections Members--travel expense reimbursement (Corr--30th)
SR 317 Automobile License--additional fee for support of emergency medical services system (Hum R--30th)
HB 156 Chiropractor--change scope of practice (Hum R--42nd)
HB 1175 Board of Physical Therapy--continue but later terminate (Hum R--42nd)

FRIDAY, FEBRUARY 7, 1986

481

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

SB 309. By Senator Kidd of the 25th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child.
The Senate Committee on Children and Youth offered the following substitute to SB 309:
A BILL
To be entitled an Act to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If the child is not so released, a petition under Code Section 15-11-25 shall be made and presented to the court within 72 hours of the detention hearing; provided, however, that, if the child not so released is alleged to be a deprived child, a petition under Code Section 15-11-25 shall be made and presented to the court within five days of the detention hearing."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton

Howard Huggins Kennedy Kidd McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr

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Stumbaugh Tate Timmons

Tolleson Trulock

Turner Tysinger

Those not voting were Senators:

Brannon Cobb (excused) Garner

Hudgins Land

Langford Walker

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

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

SB 314. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or otherwise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding.

The Senate Committee on Industry and Labor offered the following amendment:

Amend SB 314 by striking the words "retaliate against" on lines 5 and 26 of Page 1 and inserting in lieu thereof in each such place the word "penalize".

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

The Senate Committee on Industry and Labor offered the following amendment:

Amend SB 314 by striking from line 4 of Page 1, from line 25 of Page 1, from line 5 of Page 2, and from line 8 of Page 2 the following:
"employer", and inserting at each such line in lieu thereof the following:
"employer or the agent of such employer", and by striking from line 1 of Page 3 the following:
"employers", and inserting in lieu thereof the following:
"employers or the agents of such employers".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Bowen Brantley Broun of 46th

FRIDAY, FEBRUARY 7, 1986

483

Brown of 47th Bryant Burton Coleman Coverdell DTDD-, eaeawalni kins
English Engram Fincher Foster Garner Gillis

Greene Harris Harrison Mine Holloway HH,H,ouowgrtgoairnndsi
Kennedy Kidd Land McGill Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th co,,S,tt, aurmr b, augh,
late Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Brannon Cobb (excused)

Hudgins Langford

McKenzie Walker

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

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

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

Mr. President:

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

HB 1128. By Representatives Wood of the 9th and Hays of the 1st:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that certain veterans may qualify for an honorary hunting and fishing license.

HB 1204. By Representatives Robinson of the 58th and Greer of the 39th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to delete certain provisions regarding the participation by part-time and contract employees in group insurance and retirement plans; to authorize the recognition of the collective bargaining with authorized representa tives of employees of the Authority.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 325. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties.

Senator Phillips of the 9th moved that SB 325 be committed to the Senate Committee on Urban and County Affairs (General).

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JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 325 was commit ted to the Senate Committee on Urban and County Affairs (General).

SB 326. By Senator Phillips of the 9th:
A bill to amend Code Section 10-1-372 of the Official Code of Georgia Annotated, relating to deceptive trade practices, so as to provide that making false or mis leading statements concerning the reasons for or purpose of any seminar or meet ing shall constitute a deceptive trade practice under certain circumstances.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean English

Engram
Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bryant Cobb (excused)

Langford

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 328. By Senators Tolleson of the 32nd, Brantley of the 56th, Harrison of the 37th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to appli cation of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.

FRIDAY, FEBRUARY 7, 1986

485

The Senate Committee on Urban and County Affairs offered the following substitute to SB 328:
A BILL
To be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to applica tion of 60 percent of landowners and electors, so as to revise completely the provisions relat ing to annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that territory annexed by such municipal corporations shall remain a part of the county school district for school attendance and ad valorem tax purposes for a certain period of time; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by striking Code Section 36-36-22.1, which reads as follows:
"36-36-22.1. (a) As used in the Code section, the term:
(1) 'Assessed valuation of property per pupil in average daily attendance' means the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system pre pared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which:
(A) Has within its corporate boundaries an independent school system with an average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27.
(5) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single fam ily or multifamily dwellings.
(b) Any other provisions of this article to the contrary notwithstanding, except as other wise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipal ity is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the

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equalized adjusted school property tax digest of such county school system during any cal endar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the imme diately following calendar year.
(c) If the value of the total territory actually annexed by a municipality during a calen dar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation pro vided by subsection (b) of this Code section during that calendar year, then for the immedi ately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the value of the property which could have been annexed and the value of the property actually annexed during the calendar year.",
in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows:
"36-36-22.1. (a) (1) As used in paragraph (2) of this subsection, the term:
(A) 'Assessed valuation per weighted FTE' has the meaning specified for such term by paragraph (2) of Code Section 20-2-165.
(B) 'Average daily enrollment' means the sum of the daily pupil enrollments of a school system for each of the 180 days of a school year divided by the number 180.
(2) The requirements of this Code section shall apply only to a municipal corporation which:
(A) Has within its corporate boundaries an independent school system which had an average daily enrollment exceeding 3,000 for the fiscal school year immediately preceding the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county had an average daily enrollment exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 3636-27; and
(C) Had an assessed valuation per weighted FTE for the independent school system of the municipality which exceeded by more than 40 percent the assessed valuation per weighted FTE of the county school system of the county wherein the municipality is located for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27.
(b) Until the expiration of the period of time specified by subsection (c) of this Code section, when a municipal corporation which is subject to the requirements of this Code section annexes an unincorporated area to its existing corporate limits pursuant to the au thority of this article, the area so annexed shall:
(1) Remain a part of the county school district for the purposes of school attendance by residents of the annexed area who are eligible to attend public schools;
(2) Remain a part of the county school district for the purposes of all county school district ad valorem taxes; and
(3) Not be within the boundaries of the independent school system of the municipal corporation for any purpose, including the levy of ad valorem taxes for educational purposes by the municipal corporation.
(c) The requirements of subsection (b) of this Code section shall be of full force and effect from the date of the adoption of the annexing ordinance specified by Code Section 3636-27 until the first day of July of the tenth calendar year immediately following the calen dar year during which such annexing ordinance was adopted. Upon the expiration of the period of time specified by this subsection, the annexed area shall be within the boundaries

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487

of the independent school district of the municipal corporation for all purposes and shall cease to be a part of the county school district for all purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Bowen Cobb (excused)

Coleman Langford

Timmons Walker

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 381. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies, shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or a registered professional nurse.

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The Senate Committee on Insurance offered the following amendment:

Amend SB 381 by inserting on line 10 of Page 1 between "nurse;" and "to" the following:
"to provide for varying rates of reimbursement;".
By inserting on line 10 of Page 2 between "nurse" and the period the following:
"; provided, however, that the policies or contracts may provide that the rates of reim bursement for services may vary as between a duly licensed doctor of medicine and a duly licensed registered professional nurse."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Howard Huggins Kennedy Kidd Land McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Baldwin Barnes

Coverdell

Mine

Those not voting were Senators:

Cobb (excused) Coleman

Hudgins Langford

Walker

On the passage of the bill, the yeas were 47, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 433. By Senator Horton of the 17th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground member-

FRIDAY, FEBRUARY 7, 1986

489

ships and marine memberships, the failure by the seller to complete the cancella tion form, or the failure to honor cancellations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English
Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Cobb (excused) Coleman

Hudgins Langford

McKenzie Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 436. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to permit war dens and superintendents to deputize persons in their employ; to permit the commissioner of corrections to confer police officers' power to necessary people in his employment; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes

Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coverdell Dawkins

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Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine

Holloway Horton Howard Huggins Kennedy Kidd Land McGill Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb (excused) Coleman Fincher

Hudgins Langford McKenzie

Starr Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 437. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and attendance at authorized committee meetings out of the state; to provide an ef fective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes

English Engram Fincher
Foster Garner

Brantley Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

Greene
Hams Harrison Hine Holloway Horton Howard Kennedy Kidd Land

McGill Peevy Perry Phillips
RSceodtdtisohf 36th 0*1.1Stumbaugh late Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon

Cobb (excused)

Coleman

FRIDAY, FEBRUARY 7, 1986

491

Hudgins Huggins

Langford McKenzie

Scott of 2nd Starr

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Bryant of the 3rd introduced the doctor of the day, Dr. William Laws, of Brunswick, Georgia.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the licensing of vehicles and provide that the proceeds derived therefrom may be appropriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution of the State of Georgia is amended by adding at the end thereof the following subparagraph:

"(f) The General Assembly shall be authorized to provide for the assessment of an addi tional fee for the licensing of any vehicle to be operated in this state. The General Assembly may provide that the proceeds derived from such additional license fee may be appropriated to the Department of Human Resources. The Department of Human Resources shall return such moneys to the counties on a per capita basis for the express use of emergency medical services systems in this state."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide for the assessment of an additional fee for the licensing of vehicles in this state and provide that the proceeds derived from such fee may be appropriated to the Department of Human Resources and disbursed to the counties on a per capita basis for emergency medical services systems?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption to the resolution, was agreed to.

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On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brown of 47th Bryant Burton Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard

Huggins Kennedy Kidd McKenzie Perry Ray Reddish Tolleson Trulock Tysinger Walker

Those voting in the negative were Senators:

Bond Brantley Broun of 46th CCoolveemrdaenll
Dawkins
Deal

Holloway Horton Land
McGl11 Peevy Phillips

Scott of 36th Starr Stumbaugh
Tate Timmons Turner

Those not voting were Senators:

Cobb (excused) Hudgins

Langford

Scott of 2nd

On the adoption of the resolution, the yeas were 33, nays 19.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 317.

The following bills of the House were read the first time and referred to committees:

HB 1128. By Representatives Wood of the 9th and Hays of the 1st:
A bill to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that certain veterans may qualify for an honorary hunting and fishing license.
Referred to Committee on Natural Resources.

HB 1204. By Representatives Robinson of the 58th and Greer of the 39th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to delete certain provisions regarding the participation by part-time and contract employees in group insurance and retirement plans; to authorize the recognition of the collective bargaining with authorized representa tives of employees of the Authority.
Referred to Committee on Urban and County Affairs.

FRIDAY, FEBRUARY 7, 1986

493

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 156. By Representatives Edwards of the 112th and Dunn of the 73rd: A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic. Senate Sponsor: Senator Howard of the 42nd.
Senator Howard of the 42nd offered the following amendment:
Amend HB 156 on Page 1 by inserting between line 25 and 26 the following:
"(C) Chiropractors who have complied with this chapter may utilize those electric ther apeutic modalities described in 43-9-16 (b), provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiroprac tic Education or its successor and is qualified and so certified in that proper utilization.";
By striking on line 26 of Page 1 "(c)"
and inserting in its place the following: "(d)";
By striking on line 3 of Page 2 "(d)"
and inserting in its place the following: "(e)"|
By striking on line 6 of Page 2 "(e)"
and inserting in its place the following: "(f)"l
By striking on line 11 of Page 2 "(f)"
and inserting in its place the following: "(g)"l
By inserting on line 18 of Page 2 between "constitutes" and "the" the following: "a standard procedures of; By inserting on line 21 of Page 2 between "X-Ray," and "the" the following: "under similar circumstances"; and By inserting on line 24 of Page 2 after the word "acts" the following: "under similar conditions and like circumstances."
On the adoption of the amendment offered by Senator Howard of the 42nd, the yeas were 47, nays 1, and the amendment was adopted.

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Senator Barnes of the 33rd offered the following amendment:
Amend HB 156 by striking subparagraph "e" on Page 2 (lines 6-10 on Page 2) and inserting therein the following:
"(e) Chiropractors shall not prescribe or administer medicine to patients, perform sur gery or practice obstetrics or osteopathy nor use procedures which puncture the skin such as venipuncture, capillary puncture, or acupuncture and shall not use the procedures of colon lavage, barium enema or colonic irrigation."
On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 7, nays 39, and the amendment was lost.
Senators Barnes of the 33rd and Garner of the 30th offered the following substitute to HB 156:
A BILL
To be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change certain definitions; to provide for addi tional continuing education requirements; to change the scope of practice of chiropractors; to provide for ancillary procedures; to provide for a chiropractic standard of care and skill and authorize recovery for certain injuries; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-1, relating to definitions, and in serting in its place a new Code section to read as follows:
"43-9-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Chiropractic Examiners.
(2) 'Chiropractic' means the science which concerns itself with the relationship between structure, primarily the spine, and function, primarily coordinated by the nervous system, of the human body as the relationship may affect the restoration and preservation of health. 'Chiropractic' also means that learned profession which is a separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and the functions of the body. It is the detection of structural disrelationships, primarily spinal subluxations, and the ad justment of the articulations of the human body, primarily of the spine."
Section 2. Said chapter is further amended by striking Code Section 43-9-11, relating to biennial licenses and continuing education, and inserting in its place a new Code section to read as follows:
"43-9-11. (a) Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount estab lished by the board, payment of which shall renew his license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed a minimum of 12 hours of continuing education per year as approved by the board. All chiropractic colleges teaching an approved course of instruction shall be classified as approved.
(b) In addition to any other continuing education requirements under subsection (a) of this Code section, chiropractors who wish to utilize any ancillary procedures described in subsection (a) of Code Section 43-9-17.1 shall complete a minimum of three hours of contin uing education per year in that category of procedures, and chiropractors who wish to utilize any ancillary procedures described in subsection (b) of Code Section 43-9-17.1 shall com plete a minimum of six hours of continuing education per year in that category of procedures."

FRIDAY, FEBRUARY 7, 1986

495

Section 3. Said chapter is further amended by striking Code Section 43-9-16, relating to scope of practice, and inserting in its place a new Code section to read as follows:
"43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to adjust patients by hand or mechanical devices according to specific chiropractic methods and may use ancillary procedures under the conditions set forth in Code Section 43-9-17.1 and in subsection (b) of Code Section 43-9-11. Chiropractors shall observe public health regulations.
(b) Chiropractors who have complied with this chapter may utilize analytical and diag nostic examination procedures and instruments, including the right to receive services from licensed clinical laboratories, for the purpose of determining the need for chiropractic care or to monitor the clinical response of the patient. The examination may include the use of X-ray, provided that the X-ray shall not be used for therapeutic purposes.
(c) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners.
(d) Chiropractors shall not prescribe or administer medicine to patients, perform sur gery, or practice obstetrics or osteopathy, nor use procedures which puncture the skin, such as venipuncture, capillary puncture, or acupuncture, and shall not use the procedures of colon lavage, barium enema, or colonic irrigation.
(e) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doc tor of chiropractic," or 'D.C.' "
Section 4. Said chapter is further amended by adding following Code Section 43-9-17 two new Code sections to read as follows:
"43-9-17.1 (a) Chiropractors who have complied with this chapter may utilize electrical or mechanical devices which produce traction or vibration as an ancillary procedure.
(b) Chiropractors who have complied with this chapter may utilize therapeutic ultra sound, galvanism, diathermy, or electrical muscle stimulation as an ancillary procedure, pro vided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is quali fied and so certified in that proper utilization.
(c) Chiropractors who have complied with this chapter may utilize heat, cold, light, exercise, structural supports, or provide nutritional advice and dispense nutritional supple ments as an ancillary procedure in the rehabilitation of the patient.
43-9-17.2. A person who practices or offers to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Burton Garner

Hine Kidd

Scott of 36th Tolleson

Those voting in the negative were Senators:

Albert Allgood

Baldwin Barker

Bond Bowen

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JOURNAL OF THE SENATE

Brannon Brantley Broun of 46th Brown of 47th
Bryant Xolem?" CDoawvekridnesll Deal D ean English Engram Fincher Foster

Gillis Greene Harris Harrison
Holloway Horton ,,"oward, Huggms Kennedy Land McGill McKenzie Peevy

Perry Phillips Ray Reddish
Scott of 2nd Starr 0St. umb, augh, Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb (excused)

Hudgins

Langford

On the adoption of the substitute, the yeas were 7, nays 46, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Burton

Garner Scot;t of 36th

Tolleson

Those not voting were Senators:

Cobb (excused)

Hudgins

Langford

On the passage of the bill, the yeas were 48, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, FEBRUARY 7, 1986

497

HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Howard of the 42nd.
Senator Howard of the 42nd moved that HB 1175 be committed to the Senate Commit tee on Human Resources.
On the motion, the yeas were 34, nays 7; the motion prevailed, and HB 1175 was com mitted to the Senate Committee on Human Resources.
SB 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist in the funding of juvenile intake workers and juvenile probation officers in counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
Senator Bond of the 39th moved that SB 222 be postponed until Monday, February 10.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 222 was post poned until Monday, February 10.
Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:
SB 381. By Senator Allgood of the 22nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies, shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or a registered professional nurse.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 394. By Senator Burton of the 5th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the provisions relating to exemptions from applicable stan dards and specifications; to provide an effective date.
Senator Burton of the 5th moved that SB 394 be postponed until Monday, February 10.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 394 was post poned until Monday, February 10.
Senator Allgood of the 22nd gave notice that, at the proper time, he would move to

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JOURNAL OF THE SENATE

disagree with the committee report which was adverse to the passage of the following bill of the Senate:
SB 483. By Senators Allgood of the 22nd, English of the 21st, Bowen of the 13th and others: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel, so as to provide for additional certification procedures; to provide for restrictive certifications by subarea; to provide criteria and procedures; to provide for hearings; to provide for matters relative to the foregoing.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 10, and the motion prevailed.
At 11:40 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 10.

MONDAY, FEBRUARY 10, 1986

499

Senate Chamber, Atlanta, Georgia Monday, February 10, 1986 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 7, had been read and found correct.
Senator Garner of the 30th moved that the Senate reconsider its action of Friday, Feb ruary 7, in defeating the following resolution of the Senate:
SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the li censing of vehicles and provide that the proceeds derived therefrom may be ap propriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties; to provide for the submission of this amendment for ratification or rejection.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 317 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1603. By Representatives Brown of the 88th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th and Ransom of the 90th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the date of the appointment and expiration of term of the super intendent of the Board of Education of Richmond County and to provide for an initial six-month extension of the term of the present superintendent to allow an orderly implementation.
HB 1604. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers.
HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxa tion to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that

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JOURNAL OF THE SENATE

constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.
HB 1608. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to create the Henry County Coliseum Authority.
HB 1609. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in Henry County.
HB 1611. By Representatives Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798, so as to provide that the council of the city will not be authorized to create, change, alter, or equalize the wards in the city or other city election districts except as authorized by gen eral law.
HB 1613. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to authorize Houston County to have and be authorized to exercise all redevel opment and other powers authorized or granted counties pursuant to the "Rede velopment Powers Law;" and for other purposes.
HB 1652. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes.
SB 446. By Senator Tolleson of the 32nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the General Assembly to create the Downtown Smyrna Development Authority in and for the City of Smyrna.
HB 846. By Representatives Twiggs of the 4th, Colwell of the 4th, Rainey of the 135th, Barnett of the 10th, Watts of the 41st and others:
A bill to amend Code Section 27-2-23.1 of the Official Code of Georgia Anno tated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee.
HB 1197. By Representatives Buck of the 95th and Robinson of the 96th: A bill to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition against the sale of certain items by a member of a county board of education to a county board of education, so as to provide that the prohibition shall not apply to sales of less than $200.00 per calendar quarter and to sales made pursuant to sealed competitive bids.

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HB 1350. By Representatives Moore of the 139th, Bostick of the 138th, Branch of the 137th, Hudson of the 117th, Oliver of the 121st and others:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied voluntarily by the defendant or by levy and sale of the property.
HB 1541. By Representatives Jackson of the 9th, Murphy of the 18th, McDonald of the 12th, Burruss of the 20th, Phillips of the 120th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that notices affecting drivers' li censes given by certified or regular mail shall constitute legal notice; to provide for keeping certain records; to provide for the use of such records in evidence; to require individuals to notify the department of any name change or change of address.
HB 1235. By Representative Wall of the 61st:
A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers.
HB 1176. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-39-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Examiners of Psychologists, so as to provide for the continuation of that board but provide for the later termi nation of that board and the repeal of the laws relating thereto.
HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title.
HB 335. By Representatives Peters of the 2nd, Hays of the 1st, Ramsey of the 3rd and Oliver of the 1st:
A bill to provide for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors.
HB 1282. By Representatives Robinson of the 58th and Byrd of the 153rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975;" to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful.
HB 1393. By Representative Wood of the 9th:
A bill to amend Code Section 33-22-13 of the Official Code of Georgia Annotated, relating to the procedure for cancellation of an insurance contract by a premium finance company upon default of the insured, so as to allow for the delivery of certain cancellation notices to insurers.

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HB 1489. By Representative Watson of the 114th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to comprehensively revise Chapter 9 of such title, relating to blasting or excavating near underground gas pipes and facilities, in order to regulate the blasting or excavating near other types of underground facilities.
HB 1343. By Representative Robinson of the 58th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, regulating specialized land transactions, so as to reenact Article 1 thereof, relat ing to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.
HB 1472. By Representatives Thomas of the 69th and Waldrep of the 80th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of operating a motor vehicle under the influence of alcohol or drugs, so as to provide that any recorder's, or police court of any municipality shall be authorized to sentence persons convicted of violating any provision of said Code section to imprisonment in the jail or any other correctional institution of the county in which the offense was committed.
HB 1342. By Representatives Smith of the 78th, Copelan of the 106th, Porter of the 119th, Waldrep of the 80th, Jamieson of the llth and others:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the ter mination of the period thereof, or upon release from confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant.
HB 1482. By Representative Ware of the 77th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Annotated, relating to definitions relative to group self-insurance funds for workers' compen sation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund.
HB 1158. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs.
HB 1476. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, so as to provide that each municipal corporation of this state shall be authorized to establish and maintain a munici pal court having jurisdiction over the enforcement of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts.

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HB 1477. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to authorize counties and municipalities to enter into contracts under which counties shall furnish municipal court services through the officers, personnel, and facilities of the magistrate courts; to author ize officers and personnel of magistrate courts to serve in municipal courts pursu ant to such contracts.
HB 363. By Representative Young of the 134th:
A bill to amend Code Section 44-6-166.1 of the Official Code of Georgia Anno tated, relating to partition when physical division of the property is inequitable, so as to clarify that parties to the action, including the petitioner, may seek relief under such Code section.
HB 908. By Representative Daugherty of the 33rd:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children for decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support.
HB 1369. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is suspended; to repeal cer tain provisions relating to revocation of probation without notice to the probationer.
HB 1370. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a speci fied minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions.
HB 1463. By Representatives Ray of the 98th, Walker of the 115th and Hudson of the 117th:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, so as to change ex haust system requirements.
HB 1455. By Representatives Davis of the 45th, Lawson of the 9th, Barnett of the 10th and Wall of the 61st:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishments for certain theft offenses, so as to provide definitions; to provide punishments for theft offenses involving firearms.

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HB 1210. By Representative Bolster of the 30th: A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipali ties" (municipalities of the state having a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions.
HB 1532. By Representatives Steinberg of the 46th, Aaron of the 56th, Martin of the 26th and Bishop of the 94th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the home.
The House has adopted by the requsite constitutional majority the following resolutions of the House:
HR 525. By Representatives Porter of the 119th, Bostick of the 138th, Chambless of the 133rd, Robinson of the 96th, Groover of the 99th and others: A resolution proposing an amendment to the Constitution so as to provide that an enactment of the General Assembly shall be paramount to court rules; to pro vide that a court rule shall not become effective until it is approved by a joint resolution of the General Assembly.
HR 572. By Representative Reaves of the 147th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brooks County, Georgia, to the Brooks County Board of Commissioners.
HR 507. By Representatives Hays of the 1st, Colwell of the 4th and Peters of the 2nd: A resolution authorizing the conveyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee.
HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A resolution authorizing and directing the State Department of Transportation to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 493. By Senators Bryant of the 3rd and Reddish of the 6th: A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the clerk of said court.
Referred to Committee on Urban and County Affairs.
SB 494. By Senator Tysinger of the 41st: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to include income from leases of real property as part of transit operating revenue; to provide for an effective date.
Referred to Committee on Urban and County Affairs.

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SB 495. By Senators Coverdell of the 40th, Albert of the 23rd, Brantley of the 56th and others:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an additional tax deferral for the elderly; to provide for procedures and requirements relative thereto; to provide for penalties relative thereto; to provide an effective date. Referred to Committee on Banking and Finance.
SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section. Referred to Committee on Public Utilities.
SB 497. By Senator Deal of the 49th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards. Referred to Committee on Human Resources.
SB 498. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners of Fulton County to operate landfills; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 499. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of enactment of laws to create a civil service system and com mission for certain county employees and employees and deputies of county of ficers of Fulton County; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 500. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the governing authority of Fulton County to establish sewer age, water, and fire prevention systems and parks and to levy taxes in support of such services; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 501. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the General Assembly by legislation to treat real property in

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urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 502. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the General Assembly to provide by local law for the freeport exemption of inventory goods to be applied for purposes of county, county school district, and municipal taxes to urban enterprise zones established by the City of Atlanta; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 503. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners of Fulton County to maintain and operate detention facilities inside or outside the boundaries of the county for the confinement of all persons, including juveniles; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 504. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners of Fulton County to divide the county into districts for the purpose of providing any or all services which the county is authorized to provide and to levy taxes or assessments to defray the cost of such services; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 505. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the provision that the judge of probate court, sheriff, clerk of the superior court, tax receiver, tax collector or tax county commissioner, and county treasurer of Fulton County shall be required to appoint a chief clerk, chief assistant, or chief deputy; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 506. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the political subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 507. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the granting of a $10,000.00 homestead exemption from county and county

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school district ad valorem taxes to each resident of Fulton County who is dis abled or 65 years of age or older; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 508. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners of Fulton County to make grants not exceeding $5,000.00 to municipalities located in Fulton County for the conduct of recreational programs; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 509. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the establishing of the Fulton County Industrial District and prohibits the board of commissioners from levying any tax for education purposes within the district; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 510. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization for the General Assembly to provide the method of selection of the tax commissioner of Fulton County and to provide for the appointment of a chief deputy; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 511. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of Fulton County in the incorporated and unincorporated area; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 512. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of the people; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 513. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County, with the consent of the city involved, to op erate recreational programs in any city within the county having a population of 5,000 or less; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.

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SB 514. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the provision that for purposes of determining eligibility for homestead exemp tion from local county, city, and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stock holder of a nonprofit cooperative ownership housing corporation; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 515. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the provision that the county governing authority of Fulton County may spend county funds to support any institution within the county which is owned by the state or any agency of the state; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 516. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the inclusion in a civil service/merit system of Fulton County persons, other than elected officers, who are paid out of county funds, and prior extensions of coverage by system; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 517. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County, DeKalb County, the City of Atlanta, and any public corporations created by them for the issuance of revenue anticipation obli gations (now called revenue bonds) to construct grandstands and stadiums; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 518. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of a levy of tax or assessment on real property in unincorpo rated areas of Fulton County for garbage disposal services and to divide such area into garbage disposal districts without regard to uniformity; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 519. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization for the General Assembly by local Act to provide a joint citycounty board of tax assessors and a board of tax appeals and equalization in certain counties; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

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SB 520. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to adopt ordinances for the unincorporated areas of the county; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 521. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the empowering of the board of commissioners of Fulton County to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities, and assets of the county; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 522. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the abolition of the office of coroner in Fulton County and to create the office of medical examiner and prescribe the powers, duties and functions of such office; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 523. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the granting of full authority regarding street improvements in the unincorpo rated area of Fulton County; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 524. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons provided the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 525. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of requiring or permitting the tax receiver, tax collector, or tax commissioner of Fulton County to receive the returns and collect taxes due to the City of Atlanta and to permit the retention of a percentage of such collec tions; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 526. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the consti tution of the State of Georgia that constitutional amendment which relates to the authorization of certain employees whose wages are paid wholly or partially

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out of funds of Fulton County to participate in the pension system established for county employees; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 527. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners to increase retirement benefits of retirees of any system wholly or partially supported by funds of the county, such increases may be paid only from general county funds and not from the funds of the Fulton County Teachers' Retirement Fund; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 528. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and autho rizes the board of education to establish branch offices for the conduct of official business on education matters; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 529. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to levy and collect business license tax in the unincorporated area; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 530. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to cooperate with the City of Atlanta to con struct a stadium and to contract with the city for the purpose of retiring the financial obligations; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 531. By Senator Bond of the 39th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the authorization of Fulton County to indemnify the tax commissioner for uncol lectible checks for automobile license tags; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administra tion of the authority; to change the provisions relating to staff of the authority and the duties of such staff. Referred to Committee on Human Resources.

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SR 365. By Senators Kennedy of the 4th, Kidd of the 25th, Harris of the 27th and others:
A resolution creating the Law Enforcement Officer Salary Incentive Study Committee. Referred to Committee on Public Safety.
SR 366. By Senator Coverdell of the 40th:
A resolution creating the Consolidated Retirement and Pension Board Study Committee. Referred to Committee on Retirement.
SR 367. By Senator Kidd of the 25th:
A resolution urging the Board of Regents of the University System of Georgia to establish within the guidelines of the National Collegiate Athletic Association a five-year curriculum for students participating in college athletics. Referred to Committee on Higher Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 335. By Representatives Peters of the 2nd, Hays of the 1st, Ramsey of the 3rd and Oliver of the 1st:
A bill to provide for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors. Referred to Committee on Judiciary.
HB 363. By Representative Young of the 134th:
A bill to amend Code Section 44-6-166.1 of the Official Code of Georgia Anno tated, relating to partition when physical division of the property is inequitable, so as to clarify that parties to the action, including the petitioner, may seek relief under such Code section. Referred to Committee on Judiciary.
HB 846. By Representatives Twiggs of the 4th, Colwell of the 4th, Rainey of the 135th, Barnett of the 10th, Watts of the 41st and others:
A bill to amend Code Section 27-2-23.1 of the Official Code of Georgia Anno tated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee. Referred to Committee on Natural Resources.
HB 908. By Representative Daugherty of the 33rd:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children for decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support. Referred to Committee on Judiciary and Constitutional Law.

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HB 1158. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs. Referred to Committee on Human Resources.
HB 1176. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-39-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Examiners of Psychologists, so as to provide for the continuation of that board but provide for the later termi nation of that board and the repeal of the laws relating thereto. Referred to Committee on Human Resources.
HB 1197. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition against the sale of certain items by a member of a county board of education to a county board of education, so as to provide that the prohibition shall not apply to sales of less than $200.00 per calendar quarter and to sales made pursuant to sealed competitive bids. Referred to Committee on Education.
HB 1210. By Representative Bolster of the 30th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the "Urban Residential Finance Authorities Act for Large Municipali ties" (municipalities of this state having a population of 400,000 or more accord ing to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions. Referred to Committee on Urban and County Affairs.
HB 1235. By Representative Wall of the 61st:
A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers. Referred to Committee on Governmental Operations.
HB 1282. By Representatives Robinson of the 58th and Byrd of the 153rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975;" to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful. Referred to Committee on Industry and Labor.
HB 1342. By Representatives Smith of the 78th, Copelan of the 106th, Porter of the 119th, Waldrep of the 80th, Jamieson of the llth and others:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the ter mination of the period thereof, or upon release from confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other

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records of the court pertaining thereto regarding the exoneration of the defendant. Referred to Committee on Judiciary.
HB 1343. By Representative Robinson of the 58th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, regulating specialized land transactions, so as to reenact Article 1 thereof, relat ing to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.
Referred to Committee on Governmental Operations.
HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title. Referred to Committee on Agriculture.
HB 1350. By Representatives Moore of the 139th, Bostick of the 138th, Branch of the 137th, Hudson of the 117th, Oliver of the 121st and others:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied voluntarily by the defendant or by levy and sale of the property. Referred to Committee on Judiciary and Constitutional Law.
HB 1369. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is suspended; to repeal cer tain provisions relating to revocation of probation without notice to the probationer. Referred to Committee on Corrections.
HB 1370. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a speci fied minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions. Referred to Committee on Corrections.
HB 1393. By Representative Wood of the 9th:
A bill to amend Code Section 33-22-13 of the Official Code of Georgia Annotated, relating to the procedure for cancellation of an insurance contract by a premium

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finance company upon default of the insured, so as to allow for the delivery of certain cancellation notices to insurers. Referred to Committee on Insurance.
HB 1455. By Representatives Davis of the 45th, Lawson of the 9th, Barnett of the 10th and Wall of the 61st:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishments for certain theft offenses, so as to provide definitions; to provide punishments for theft offenses involving firearms. Referred to Committee on Judiciary.
HB 1463. By Representatives Ray of the 98th, Walker of the 115th and Hudson of the 117th:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, so as to change ex haust system requirements. Referred to Committee on Transportation.
HB 1472. By Representatives Thomas of the 69th and Waldrep of the 80th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of operating a motor vehicle under the influence of alcohol or drugs, so as to provide that any recorder's, or police court of any municipality shall be authorized to sentence persons convicted of violating any provision of said Code section to imprisonment in the jail or any other correctional institution of the county in which the offense was committed. Referred to Committee on Judiciary.
HB 1476. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, so as to provide that each municipal corporation of this state shall be authorized to establish and maintain a munici pal court having jurisdiction over the enforcement of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts. Referred to Committee on Judiciary and Constitutional Law.
HB 1477. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to authorize counties and municipalities to enter into contracts under which counties shall furnish municipal court services through the officers, personnel, and facilities of the magistrate courts; to author ize officers and personnel of magistrate courts to serve in municipal courts pursu ant to such contracts. Referred to Committee on Judiciary.
HB 1482. By Representative Ware of the 77th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Annotated, relating to definitions relative to group self-insurance funds for workers' compen sation, so as to change the definition of a municipality authorized to participate in a group workers' compensation self-insurance fund. Referred to Committee on Insurance.

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HB 1489. By Representative Watson of the 114th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to comprehensively revise Chapter 9 of such title, relating to blasting or excavating near underground gas pipes and facilities, in order to regulate the blasting or excavating near other types of underground facilities. Referred to Committee on Public Utilities.
HB 1532. By Representatives Steinberg of the 46th, Aaron of the 56th, Martin of the 26th and Bishop of the 94th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the home. Referred to Committee on Consumer Affairs.
HB 1541. By Representatives Jackson of the 9th, Murphy of the 18th, McDonald of the 12th, Burruss of the 20th, Phillips of the 120th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that notices affecting drivers' li censes given by certified or regular mail shall constitute legal notice; to provide for keeping certain records; to provide for the use of such records in evidence; to require individuals to notify the department of any name change or change of address. Referred to Committee on Judiciary and Constitutional Law.
HR 507. By Representatives Hays of the 1st, Colwell of the 4th and Peters of the 2nd:
A resolution authorizing the conveyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee. Referred to Committee on Public Utilities.
HR 525. By Representatives Porter of the 119th, Bostick of the 138th, Chambless of the 133rd, Robinson of the 96th, Groover of the 99th and others:
A resolution proposing an amendment to the Constitution so as to provide that an enactment of the General Assembly shall be paramount to court rules; to pro vide that a court rule shall not become effective until it is approved by a joint resolution of the General Assembly. Referred to Committee on Judiciary.
HR 572. By Representative Reaves of the 147th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Brooks County, Georgia, to the Brooks County Board of Commissioners. Referred to Committee on Public Utilities.
HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution authorizing and directing the State Department of Transportation to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge. Referred to Committee on Transportation.

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HB 1603. By Representatives Brown of the 88th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th and Ransom of the 90th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the date of the appointment and expiration of term of the super intendent of the Board of Education of Richmond County and to provide for an initial six-month extension of the term of the present superintendent to allow an orderly implementation. Referred to Committee on Urban and County Affairs.
HB 1604. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act placing the sheriff, probate judge, clerk of superior court, and tax commissioner of Henry County on an annual salary, so as to change the compensation of said officers. Referred to Committee on Urban and County Affairs.
HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxa tion to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982. p. 2515. Referred to Committee on Urban and County Affairs.
HB 1608. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to create the Henry County Coliseum Authority. Referred to Committee on Urban and County Affairs.
HB 1609. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to authorizing the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in Henry County. Referred to Committee on Urban and County Affairs.
HB 1611. By Representatives Brown of the 88th, Cheeks of the 89th and Walker of the 85th:
A bill to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798, so as to provide that the council of the city will not be authorized to create, change, alter, or equalize the wards in the city or other city election districts except as authorized by gen eral law. Referred to Committee on Urban and County Affairs.
HB 1613. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to authorize Houston County to have and be authorized to exercise all redevel opment and other powers authorized or granted counties pursuant to the "Rede velopment Powers Law;" and for other purposes. Referred to Committee on Urban and County Affairs.

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HB 1652. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 441. Do pass by substitute. Respectfully submitted, Senator Bond of the 39th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 465. Do pass. HR 578. Do pass. SB 327. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 476. Do pass. SB 445. Do pass by substitute.
Respectfully submitted, Senator Greene of the 26th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1145. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman

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Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 479. Do pass.

SB 487. Do pass.

SB 481. Do pass.

HB 1117. Do pass.

SB 486. Do pass.

HB 1443. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 335. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the removal from office of members of county boards of education for certain causes; to pro vide that a member's position on a county board of education shall become va cant if the member fails to attend a certain number of consecutive regularly scheduled meetings of the county board of education.

SB 369. By Senators Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by munici palities and counties; to authorize joint self-insurance programs for municipali ties and counties; to authorize individual self-insurance programs for municipali ties and counties; to provide for definitions; to provide for contracts.

SB 378. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to standards for investments by trustees and executors, so as to provide for the right of beneficiaries of marital deduction trusts described in Internal Revenue Code Section 2056(b) (7) to direct the conversion of trust property into productive or income-producing property; to provide for other matters related thereto.

SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and Peevy of the 48th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, so as to de clare the necessity of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commissioner of Insur ance to ensure compliance with the reporting requirements.

SB 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exten sively revise the penalties for failure to comply with the requirements for motor vehicle insurance.

SB 415. By Senator Barnes of the 33rd:
A bill to amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels

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which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue un til certain conditions have been met.
SB 416. By Senators Barker of the 18th, Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-1160 of the Official Code of Georgia Anno tated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, so as to provide for notification to the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process; to provide for matters re lated to the foregoing.
SB 438. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel; to provide for matters relative thereto.
SB 440. By Senators Stumbaugh of the 55th and Foster of the 50th:
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 revise provisions relating to liability insurance and indemnification for state and local governmental bodies and their officers, officials, and employees; to provide for the methods, including but not limited to self-insurance and risk pooling.
SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and Kennedy of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not consider certain accidents in the computation of rate or premium charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law en forcement officer.
SB 450. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide that the commissioner of natural resources may issue permits under the "Shore Assistance Act of 1979" and the "Coastal Marshlands Protection Act of 1970"; to provide for public notice and opportunity for public hearing on draft permits.
SR 278. By Senator Kidd of the 25th:
A resolution relative to Plant Vogtle.
SR 357. By Senator Kidd of the 25th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution; to provide an effective date.
HB 1142. By Representatives Phillips of the 120th and Walker of the 115th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local govern ments in meeting their environmental facility needs.

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HB 1143. By Representative Phillips of the 120th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environmental Protection Division of the Department of Natural Resources to administer these grants.
HB 1144. By Representative Phillips of the 120th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator.
HB 1280. By Representative Phillips of the 120th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds.
HB 1323. By Representative Kilgore of the 42nd:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the com pany making application for six months prior to the time of application.
HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd:
A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission.
HR 363. By Representatives Walker of the 115th and Phillips of the 120th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt by the state may be incurred to finance water or sewage facilities or systems for counties, municipalities, political subdivisions, and au thorities through the Georgia Development Authority and to provide that it shall not be necessary for the state or the Georgia Development Authority to take title to such facilities or systems.
HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others:
A resolution relating to the acceptance of the offer of the lessee, Seaboard Sys tem Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968.
HR 512. By Representatives Colwell of the 4th and Foster of the 6th:
A resolution to amend a resolution (Res. Act No. 272) providing for the accept ance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize

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the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation.
HR 519. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc.
HR 566. By Representatives Chance of the 129th and Triplett of the 128th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of intake/outfall facility.
HR 580. By Representatives Crosby of the 150th, Dixon of the 151st, Sizemore of the 136th and Carter of the 146th:
A resolution protesting the proposed abandonment of 59.22 miles of railroad be tween Pearson and Sylvester, Georgia, by the Seaboard System Railroad, Inc.
HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Lowndes County, Georgia, to the Lowndes County Board of Commissioners.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
February 7, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on February 7, 1986. The list is numbered 567 through 591.
Most sincerely,
1st Max Cleland
Attachment:
Received by /s/ Hamilton McWhorter, Jr.

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STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains names and addresses of those persons, numbered 567 through 591, who have registered in the Docket of Legislative Appearance as of February 7, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and tenth.

(SEAL)

/s/ Max Cleland Secretary of State

567. Julianne G. Goecke Council of Probate Judges of Ga. P.O. Box 15123 Atlanta, GA 30333 404/962-7496
568. William B. Wood REGISTERED AGENT Citicorp and Affiliates Ga. Automobile Dealers Assn. Ga. Hospitality and Travel Assn. A.E. Staley, Inc. Steak & Ale Restaurants Universal Stationers Development, Inc. 2400 First Atlanta Tower Atlanta, GA 30383 404/656-1867
569. Judith Baird REGISTERED AGENT Aetna Insurance Co. Georgia State Association of Life Underwriters 75 Poplar Street Atlanta, GA 30303 404/681-2600
570. Robert C. Boone Chevron USA, Inc. P.O. Box 1706 Atlanta, GA 30301 404/984-3010
571. George I. Winn, Jr. United Transportation Union P. 0. Box 69 Manchester, GA 31816 404/846-2408
572. Dorothy Woods Amalgamated Transit Union Local 732 250 10th Street Atlanta, GA 404/892-1590

573. H. Philip Paradice, Jr. Georgia League of Savings Institutions Suite 507, 41 Marietta St., N.W. Atlanta, GA 30303 404/577-7910
574. Milton Chaikin Mental Health Assoc. of Metro Atlanta 1390 DeClair Drive Atlanta, GA 30329 404/636-1840
575. Edwin D. Littlefield Littlefield & Assoc. P. 0. Box 14282 Atlanta, GA 30324 404/888-2184
576. Ron G. Klune U.S. Enterprises 1750 Iris Drive Conyers, GA 404/483-1755
576. Lasa Joiner REGISTERED AGENT Ga. Library Assn. Ga. Society for Respiratory Therapy 1848 Breckenridge Drive Atlanta, GA 30345 404/325-0740
577. Paul L. Hanes Anheuser-Busch Companies #601, 84 Peachtree St. Atlanta, GA 30303 404/681-0400
578. Thomas J. Harrold, Jr. Motion Picture Assn. of America 1409 Peachtree St. Atlanta, GA 30309 404/885-1500

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579. Henry G. Irby Cable News Magazine Box 90080 Bast Point, GA 30344 404/762-5487
580. Sybil Lumpkin SELF 2383 Candler Road Decatur, GA 30032 404/237-2372
581. Michael L. Strickland Citizen 8601 Dunwoody Place Atlanta, GA 30338 404/998-8585
582. O. T. Wells G.S.E.A. 501 Pulliam St., Suite 515 Atlanta, GA 30312 404/523-7884
583. Gerald M. Murff REGISTERED AGENT Ga. Assn. of Audio Stress Georgia Bar Assn. Ga. Retailers Assn. Ga. Wholesale Beer Assn. 2332 Marietta Blvd. Atlanta, GA 30318 404/351-5102
584. Johnnie L. Caldwell, Sr. Caldwell, Bridges, Connell, Snow & Hearn Bank of Upson Blvd. Thomaston, GA 30286 404/647-3909

585. B. Robert Shipp Ga. Assn. Assessing Officials 439 Cotton Ave. Macon, GA 31201 912/744-7672
586. George Hanson, Jr. Georgia Assn. Assessing Officials Room 105, Clarke Cty. Courthouse Athens, GA 30601 404/354-2744
587. George H. Ross Merrell Dow Pharmaceutical, Inc. 4678 Jefferson Twp. Lane Marietta, GA 30066 404/922-6245
588. William J. White Gate City Guard 120 North Candler St. Decatur, GA 30030 404/378-1100
589. Gregory B. Paxton Georgia Trust for Historic Preservation 1516 Peachtree St., N.W. Atlanta, GA 30309 404/881-9980
590. Fran Beall, R.N. Georgia Nurses Assn. UGA Student Health Center Athens, GA 30622 404/542-1162 ext 294
591. Victor J. Impeciato Georgia Hospitality and Travel Assn. 1500 Peachtree-Battle Ave. Atlanta, GA 30327 404/352-2828

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr

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Stumbaugh Tate Timmons

Tolleson Turner

Those not answering were Senators:

Bond Bowen

Coverdell

Tysinger Walker
Trulock

Senator Walker of the 43rd introduced the chaplain of the day, Reverend George McCalep, pastor of Green Forest Baptist Church, Decatur, Georgia, who offered scripture read ing and prayer.
The following resolution of the Senate was read and adopted:
SR 374. By Senators Bond of the 39th and Scott of the 2nd: A resolution honoring and commending Sharon Langley.
Senator Bond of the 39th introduced the reigning Peach Bowl Queen, Sharon Langley.
The following resolutions of the Senate were read and adopted:
SR 368. By Senators Kidd of the 25th and Kennedy of the 4th: A resolution commending Georgia Military College.
SR 371. By Senator Dawkins of the 45th: A resolution in memory of Robert R. Fowler, Jr.
SR 372. By Senator Tolleson of the 32nd: A resolution expressing regret at the passing of Honorable Arthur T. Bacon.
SR 373. By Senator Brantley of the 56th: A resolution commending J. Howard Chatham.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 10, 1986
TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 479 Dawkins, 45th Rockdale County Continues amendment which was proposed by Res. Act No. 118 of the 1952 General Assembly and which was duly ratified at the 1952 general election and which relates to appointment of the county school superintendent; pro vides authority.

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SB 481 Dawkins, 45th Rockdale County
Continues amendment which was proposed by Res. Act No. 18 of the 1949 General Assembly and which was duly ratified at the 1950 general election of the county board of education; provides the authority for this Act.

SB 486 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Creates the South Cobb Co. Courthouse Facilities Study Commission; pro vides for members of commission and their selection and service; provides that the duties of the commission shall be to undertake a study of the desira bility and feasibility of locating a courthouse annex, satellite courthouse facil ities, or other similar facilities in the southern part of Cobb County.

SB 487 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Amends Act changing boundaries of the seven education districts of the Cobb Co. School District; changes compensation of the chairman and other mem bers of the board of education; provides an effective date.

HB 1117 Dawkins, 45th Walton County
Amends Acts placing compensation of clerk of Superior Court, the judge of Probate Court, and coroner of Walton County on a salary basis in lieu of a fee basis; provides the compensation of coroner.

HB 1443 Dawkins, 45th City of Covington Newton County
Continues amendment creating City of Covington Parking Authority.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins

526

JOURNAL OF THE SENATE

Kennedy Kidd Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen

Brannon Horton

Land Walker

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Monday, February 10, 1986
TWENTIETH LEGISLATIVE DAY
SB 304 Employees Retirement--mandatory age for Public Safety Uniform Division (SUBSTITUTE) (Ret--25th)
SB 307 Bad Checks--penalty for criminal issuance when no account with bank drawn on (SUBSTITUTE) (B&F--25th)
SB 393 Identification Card for Person Without Driver's License--provisions when under 21 years of age (Pub Saf--28th)
SB 396 Bad Checks--provide for treble damages as civil remedy (B&F--1st) SB 411 Historic Preservation--legislative policy, powers, duties of Department of Natu
ral Resources (SUBSTITUTE) (Nat R--20th) SB 417 Private Property--law enforcement agencies enforcing rules of the road (SUB
STITUTE) (Pub Saf--1st)
SB 418 Counseling Assistance for State Employees--provide for program (SUBSTI TUTE) (Gov Op--25th)
SB 442 First Offenders--when judge may enter adjudication of guilt (J&CL--33rd)
HB 666 Supreme Court Justices, Court of Appeals Judges--Employees Retirement (Ret--33rd)
HB 1281 Financial Institutions Code--repeal definition of "money" (AMENDMENT) (B&F--32nd)
SB 444 Living Will--be in substantially a certain form (J&CL--26th) SB 448 Records of Convictions of Sex Crimes--Superior Court Clerks not furnish Geor
gia Bureau of Investigation (Judy--28th)
SB 451 Jail Officers--certified peace officer or complete course (Pub Saf--6th)
SB 454 Civil Actions--provisions for request for admission of evidence (Judy--49th)
SB 455 Presidential Preference Primary--change provisions on date (Gov Op--25th)
SB 463 Wreckers and Vehicles Being Towed--tail, brake lights required (Pub Saf--44th) SB 477 Motorcycle Operator Safety Training Program--administration of program (Pub
Saf--25th) HB 67 Teachers Retirement--certain service creditable (Ret--llth)
HB 186 Teachers Retirement--creditable service certain maternity leaves (Ret--llth)

MONDAY, FEBRUARY 10, 1986

527

HB 251 Teachers Retirement--change average compensation computation (Ret--llth)
HB 391 Employees and Teachers Retirement--define employee and teacher (Ret--llth) HB 416 Teachers Retirement--change provisions on reinstatement of membership
(Ret--44th)
HB 422 Probation System Employee--contributions to local retirement system (Ret--llth)
HB 595 Property Tax Return--notice of assessment change include appeal form (AMENDMENT) (B&F--46th)
HB 612 Employees Retirement--transfers from employment by juvenile detention facil ity (Ret--41st)
HB 787 Congressional, Legislative, District Maps--Secretary of State may print, dis tribute (Gov Op--25th)
HB 828 Sheriffs Retirement Fund--clarify provisions on death benefits (Ret--llth) HB 1233 Counties With More Than Two Terms of Court--duties of grand jury (AMEND
MENT) (Judy--49th)
HB 1236 Board of Landscape Architects--continue and change termination date (Gov Op--25th)
HB 1258 Wesleyan College--special license plate to commemorate sesquicentennial (Gov Op--27th)
HB 1314 Claims Advisory Board--commissioner of corrections serve (Gov Op--25th) HB 1338 Election Code--amend (SUBSTITUTE) (Gov Op--25th)
HB 1364 Financing Statement in Secured Transactions--maturity date (B&F--15th) SB 292 Contracts Between Principals in Wholesale Sales and Their Representatives--in
writing (I&L--45th)
SB 222 Juvenile Probation Officers--state subsidies for funding, counties over 100,000 (SUBSTITUTE) (AMENDMENTS) (C&Y--40th)
SB 394 Public Facilities Access by Physically Handicapped--exemptions from standards (AMENDMENT) (Hum R--5th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 304. By Senator Kidd of the 25th:
A bill to amend Article 8 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Em ployees' Retirement System of Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of Public Safety; to provide an effective date.
The Senate Committee on Retirement offered the following substitute to SB 304:
A BILL
To be entitled an Act to amend Article 8 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to change the provisions relating to the mandatory retirement age for certain persons in the Uniform Division of the Department of

528

JOURNAL OF THE SENATE

Public Safety; to provide for the continuation of rights and privileges; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-223 in its entirety and in serting in lieu thereof a new Code Section 47-2-223 to read as follows:
"47-2-223. (a) For purposes of this Code section, the term 'highest average compensa tion' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the retirement system but shall not include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters.
(b) Anything in this chapter to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncom missioned officer, or trooper, or as an officer or agent of the Georgia Bureau of Investigation on June 30, 1970, and every person who enters or reenters such service on or after July 1, 1970, shall retire upon attainment of the mandatory retirement age except as otherwise pro vided in this Code section; and upon retirement such retiree shall receive the regular retire ment benefits under this chapter, provided that the member shall in any case receive a minimum monthly retirement benefit equal to 2 percent of the member's highest average compensation for each year of creditable service by filing an application therefor in a man ner similar to that provided in Code Section 47-2-110.
(c) (1) A member who is subject to this Code section shall be retired on the last day of the month following the month in which the member attains 55 years of age unless the member is permitted to continue in service as provided in paragraph (2) of this subsection. The mandatory retirement age may be waived by the commissioner of public safety as nec essary to permit a member who entered service in the Uniform Division on or before Decem ber 31, 1965, to complete service sufficient to provide the member with 25 years of total creditable service. Such member shall be retired on the last day of the month following the month in which the member completes such service. This Code section shall not apply to the commissioner or the deputy commissioner of public safety.
(2) A member who desires to continue service in the Uniform Division of the Depart ment of Public Safety after attaining 55 years of age shall petition the Board of Public Safety for permission to continue service. If the member is physically qualified, the Board of Public Safety shall be authorized to permit such member to continue in service on a year-toyear basis until such member attains 60 years of age. A member shall be required to take a physical examination each year after attaining 55 years of age. The Board of Public Safety shall determine whether a member over 55 years of age should continue in service at the end of each year of service completed pursuant to this paragraph. A member who is subject to this paragraph and who attains 60 years of age shall be retired on the last day of the month following the month in which the member attains 60 years of age. The provisions of this paragraph shall not prohibit any member from retiring pursuant to the provisions of this Code section after attaining 55 years of age. A member who continues in service after attain ing the mandatory retirement age of 55 pursuant to the provisions of this paragraph shall be considered mandatorily retired at the time of his retirement.
(3) A member who petitions for and is allowed to continue in service as provided in paragraph (2) of this subsection shall not thereby waive or forfeit any rights or privileges possessed by such member under the Employees' Retirement System of Georgia at the time such member reached the mandatory retirement age of 55; and such rights and privileges shall continue to apply to such member."
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 10, 1986

529

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 31, 1986

SUBJECT: Senate Bill 304 Substitute (LC 10 6869S) Employees Retirement System

This Bill would permit members of the Uniform Division of the Department of Public Safety to continue in service after attaining age 55 under certain circumstances. A person who reaches age 55 and desires to continue service shall petition the Board of Public Safety for permission to continue service. The member would be required to take an annual physi cal examination upon reaching 55 years of age. The Board would be authorized to permit a continuance of service on a year-to-year basis until the member reaches age 60.

Applicable members who reach age 60 would retire on the last day of the month follow ing the month in which the member reached age 60. Members would not be prohibited from retiring after attaining age 55 pursuant to the provisions of the Code if this Bill becomes law. A member continuing service after age 55 would be considered mandatorily retired at the time of his retirement.

The Bill also adds that members allowed to continue service after age 55 would not waive or forfeit any rights or privileges possessed under ERS at the time they reached that age.

This is to certify that this is a nonfiscal bill to the retirement system.

/s/ G. W. Hogan State Auditor

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford McGill

530

JOURNAL OF THE SENATE

McKenzie Peevy Perry Phillips
Ray

Reddish Scott of 36th Stumbaugh Tate
Tolleson

Trulock Turner
Tysmger Walker

Those not voting were Senators:

Bowen Brannon

Land Scott of 2nd

Starr Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 307. By Senator Kidd of the 25th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check when a person issues a check, draft, or order on a bank or other depository when such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered.

The Senate Committee on Banking and Finance offered the following substitute to SB 307:

A BILL
To be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to change certain penalty provisions applicable to the offense of criminal issuance of a bad check in the amount of $50.00 or more when a person issues a check, draft, or order on a bank or other depository when such person had no account with the bank or depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered; to provide for notice prior to instituting prosecution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, is amended by striking subsection (c) in its entirety and in serting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) A person who commits the offense of criminal issuance of a bad check by the making, drawing, uttering, or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both.
(2) A person who commits the offense of criminal issuance of a bad check in the amount of $50.00 or more by the making, drawing, uttering, or delivering of such check, draft, or order on a bank or other depository when such person had no account with the bank or other depository on which such instrument was drawn at the time such instrument was made, drawn, uttered, or delivered shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both; provided, however, prosecution under this paragraph shall not be instituted unless notice was made to the maker substantially as pro vided in subparagraph (a)(2)(B) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 10, 1986

531

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Burton Cobb Coleman Coverdell Dean English Fincher

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Brown of 47th Dawkins

Deal Engram

Peevy

Those not voting were Senators:

Bowen Brannon Bryant

Scott of 2nd Tate

Timmons Walker

On the passage of the bill, the yeas were 44, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 369. By Senators Kennedy of the 4th and English of the 21st: A resolution commending the Honorable David E. Nething.

Senator Kennedy of the 4th introduced Senator David E. Nething from North Dakota, current President of the National Conference of State Legislatures, who briefly addressed the Senate.

Senator Deal of the 49th introduced Honorable Ed Jenkins, U. S. Congressman from the Ninth Congressional District, who briefly addressed the Senate.

532

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 477. By Representative Childs of the 53rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties.

The following bill of the House was read the first time and referred to committee:

HB 477. By Representative Childs of the 53rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties.

Referred to Committee on Urban and County Affairs (General).

Senator Broun of the 46th introduced Honorable William Winter, a former Governor of Mississippi, who briefly addressed the Senate.

Senator Gillis of the 20th assumed the Chair at the direction of the President.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 393. By Senator Cobb of the 28th:
A bill to amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to pro vide that cards issued to applicants under 21 years of age shall contain certain distinctive characteristics; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd McGill

MONDAY, FEBRUARY 10, 1986

533

McKenzie Peevy PRearyry
Reddish

Scott of 2nd Starr TStautme baugh
Timmons

Tolleson Turner Tysm. ger
Walker

Those not voting were Senators:

Bowen Broun of 46th Garner

Gillis (presiding) Land Langford

Phillips Scott of 36th Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Greene of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, Georgia.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Brantley Burton
b
English Fincher

Foster Harris Harrison
Kidd McGill McKenzie Perry

Phillips Ray Reddish
Scott of 2nd Tolleson Turner Walker

Those voting in the negative were Senators:

Baldwin
Barker Barnes Bond Brannon Brown of 47th Coverdell Dawkins

Deal
Engram Garner Greene Hine Norton Howard Hudgins

Huggins
Langford Peevy 0 . . t ,,,,., Scott of 36th Tate Trulock Tysinger

534

JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bowen Broun of 46th Bryant

Gillis (presiding) Holloway Kennedy Land

Starr Stumbaugh Timmons

On the passage of the bill, the yeas were 22, nays 23.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Coleman of the 1st gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 396.

The following general bill of the Senate, having been read the third time on February 5 and committed to the Senate Committee on Natural Resources, and favorably reported by the committee, was put upon its passage:

SB 411. By Senators Gillis of the 20th, Bryant of the 3rd, English of the 21st 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 preservation and promotion of historic areas, gen erally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation; to provide an effective date.

The Senate Committee on Natural Resources offered the following substitute to SB 411:

A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of historic areas, generally, so as to provide legislative policy and additional powers and duties of the Depart ment of Natural Resources relating to historic preservation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of historic areas, generally, is amended by adding immediately after Code Section 12-3-50 a new Code Section 12-3-50.1 to read as follows:
"12-3-50.1. (a) It is declared to be the public policy of the State of Georgia, in further ance of its responsibility to promote and preserve the health, prosperity, and general welfare of the people, to encourage the preservation of historic properties which have historical, cultural, and archaeological significance to the state.
(b) The State of Georgia is authorized to make grants, as funds are available, to any private or public organization or corporation for the preservation of 'historic properties,' as that term is defined by Section 301 of the National Historic Preservation Act, 16 U.S.C. 470w.
(c) The Department of Natural Resources, through its Historic Preservation Section, shall have the additional powers and duties:
(1) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, to direct and conduct a comprehensive state-wide survey of historic properties;
(2) To maintain an inventory and register of historic properties;
(3) To document, research, record, and evaluate the significance of historic properties;

MONDAY, FEBRUARY 10, 1986

535

(4) To prepare and implement comprehensive state-wide and regional historic preserva tion plans;
(5) To provide technical assistance to and cooperate with agencies of the federal govern ment, other agencies of the state and political subdivisions thereof, and private organiza tions and individuals in the development of historic preservation plans, programs, and projects;
(6) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, in order that historic properties are taken into consideration at all levels of planning and development;
(7) To carry out programs and activities to protect, preserve, and encourage the preser vation of historic properties in this state;
(8) To administer programs of financial and technical assistance for historic preserva tion projects, including all grants made under authority of this Code section, and to specify the terms and conditions under which any grants of funds are made or used;
(9) To make recommendations on the certification and eligibility of historic properties for tax incentives and other programs of public benefit or assistance;
(10) To perform those duties and responsibilities assigned to the department under Ar ticle 3 of Chapter 2 of Title 8, under Article 1 of Chapter 10 of Title 44, and under Article 2 of Chapter 10 of Title 44;
(11) To provide public information and education, technical assistance, and training relating to historic preservation;
(12) To encourage public interest and participation in historic preservation;
(13) To advise and assist the state historic preservation officer, who shall be appointed to serve at the pleasure of the Governor; and
(14) To advise the Governor and the General Assembly on matters relating to historic preservation."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Greene Harris Harrison Hine

Horton Howard Hudgins Huggins Kidd Langford McGill Peevy Perry Phillips Ray Reddish

536

JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Tate

Tolleson Trulock Turner

Tysinger Walker

Those not voting were Senators:

Allgood Barker Bowen Bryant

Gillis (presiding) Holloway Kennedy Land

McKenzie Starr Stumbaugh Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 418. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for a program of counseling assistance for state employees; to provide for a declaration of purpose; to define the term "employee assistance"; to provide for program administration and coor dination; to provide for rules and regulations.

The Senate Committee on Governmental Operations offered the following substitute to SB 418:

A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize the State Personnel Board in its discretion to establish an employee assistance program for employees of depart ments covered under the state merit system; to authorize the department to adopt and pro mulgate rules and regulations; to define the term "employee assistance program"; to provide for the confidentiality of certain records or activities; to provide for the production of confi dential records under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new Article 4 at the end thereof to read as follows:
"ARTICLE 4
45-20-70. The State Personnel Board is authorized in its discretion, to establish an em ployee assistance program for employees of departments covered under the state merit sys tem and to adopt and promulgate rules and regulations for its administration. As used in this article, the term 'employee assistance program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the em ployee's effective job performance.
45-20-71. Program related records or activities which might disclose the nature of the services provided an employee or the identity of the employees using the program services shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by the employee."

MONDAY, FEBRUARY 10, 1986

537

Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brann,on
BRBrroowunn oyofff 4A46*7tthh. Burton Cobl, Coleman Coverdell Dawkins Deal ' Dean

English Engram Foster Garner Greene Harris Harrison
HuHoinl,,leoway Horton Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish
SSc ccoo,tt.tt ooff,. 32,,.6n,,dt,h Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Bryant Fincher

Gillis (presiding) Langford

Timmons Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 442. By Senator Barnes of the 33rd:
A bill to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a de fendant as a first offender or discharge such a defendant unless the court has reviewed the defendant's criminal record.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes

Bond Brannon Brantley Broun of 46th

Brown of 47th Burton Cobb Coleman

538

JOURNAL OF THE SENATE

Coverdell Dawkins Deal Dean Engram Fincher Foster Greene Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land McGill McKenzie Peevy Perry Phillips

Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Bryant

English Garner Gillis (presiding)

Langford Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 666. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement Sys tem of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals.

Senate Sponsor: Senator Barnes of the 33rd.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 666 (LC 9 4112)
As requested, we have made an actuarial investigation of the impact of House Bill 666 (LC 9 4112) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would allow certain judges to serve until age 75 rather than 70 and still retain retirement benefits. We would expect some slight savings to the State since any increase in benefits due to continued service will likely be more than offset by the savings produced by deferring the payment of benefits. We consider this Bill to be nonfiscal.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

MONDAY, FEBRUARY 10, 1986

539

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill

Voting in the negative was Senator Tolleson.

Those not voting were Senators:

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Allgood Barker Bowen

Broun of 46th Garner

Gillis (presiding) Langford

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to repeal the defini tion of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners.
Senate Sponsor: Senator Tolleson of the 32nd.

Senator Hudgins of the 15th offered the following amendment:

Amend HB 1281 by inserting on line 2 of Page 2 between the word and semicolon "therein;" and the word "to" the following:
"to change the qualifications of directors;".

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JOURNAL OF THE SENATE

By striking line 32 on Page 5 in its entirety and substituting in lieu thereof the following:
"subsection (c) of Code Section 7-1-394.
No more than 25 percent of the total membership of the board of directors of a bank, trust company, or bank holding company shall be members of the same family unless such family members own a majority of the outstanding stock of the bank, trust company, or bank holding company. As used in this paragraph, the term "family" means parents, chil dren, and the spouses of children.' "

On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Langford

Timmons

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 444. By Senators Greene of the 26th, Trulock of the 10th and Garner of the 30th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5; to pro vide for other matters related to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 10, 1986

541

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Burton

Hudgins Langford

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 448. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the clerks of superior courts, so as to repeal certain provi sions which require the clerks of superior courts to furnish to the Georgia Bureau of Investigation records of convictions of sex crimes; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton

Howard Huggins Kennedy Kidd Land McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Tate

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JOURNAL OF THE SENATE

Timmons Tolleson

Trulock Turner

Tysinger

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bowen Brannon Harrison

Hudgins Langford McKenzie

Scott of 2nd Walker

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 451. By Senators Bowen of the 13th, Cobb of the 28th, Harris of the 27th and others:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to require jail officers to be certified peace officers or to complete successfully a training course in order to be eligible to serve as a jail officer in a detention facility; to define certain terms; to provide for administra tion by the Georgia Peace Officer Standards and Training Council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond B^nnon Bntley Broun of 46th BBrroywannt of 47th
Burton Cobb
Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison HHoinlleoway
Horton Howard
Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Rav Reddish Scott of 2nd g rf 36th ,, ^Sttaurmr b, augh,
late Timmons
. Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen

Kennedy (presiding)

Langford

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 10, 1986

543

SB 454. By Senators Deal of the 49th, Barnes of the 33rd and Peevy of the 48th:
A bill to amend Code Section 9-11-36, relating to requests for admission, so as to provide that a request for admission shall not duplicate an allegation of an origi nal pleading; to provide that any request which duplicates such an allegation shall need no reply if the allegation is denied in the original responsive pleading.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Allgood Baldwin Barker Barnes Bond Brannon

Dean
Engram Foster Garner Gillis Greene H ams

Brroanun oyff 4^6vth, BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal

SHianmeSOn HHoolrltoownay
Howard Hudgins Muggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd
S<, cott of 36th *Stumb, augh,
Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen English

Fincher Kennedy (presiding)

Langford Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 455. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Presidential Preference Primary Law," so as to change the provisions relating to the date of the presidential preference pri mary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presidential preference primary by the Governor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Barnes Bond

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JOURNAL OF THE SENATE

Brannon Brantley Broun of 46th Brown of 47th Bryant
CCoovleemrdaenll
Dawkins Deal Dean English Engram Foster

Garner Gillis Greene Harris Harrison
ine
HHoowrtoarnd
Huggins Kidd Land McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th Sg,,,ttuarmrb, augh,
ate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Fincher

Hudgins Kennedy (presiding)

Langford Tolleson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 463. By Senators Starr of the 44th and Cobb of the 28th:
A bill to amend Code Section 40-8-21 of the Official Code of Georgia Annotated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers; to provide a definition.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond rannon
Brantley Broun ot 46th Brown of 47th B r y ant
Burton Cobb Coleman Dawkins Deal Dean

English Engram Foster Garner Gillis
Greene Harris
Harrison ,,. " lnf Holloway
Horton Howard Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 2nd
Scott of 36th ,,, Starr Stumbaugh
Tate Timmons Tolleson Trulock Turner Walker

MONDAY, FEBRUARY 10, 1986

545

Those not voting were Senators:

Bowen Coverdell Fincher

Hudgins Kennedy (presiding)

Langford Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 477. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend an Act amending Title 40 of the Official Code of Georgia Anno tated and providing for a motorcycle operator safety training program so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety; to change provi sions relating to the course on motorcycle operator safety.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

Baldwin Bowen Coleman Dawkins

Fincher Howard Kennedy (presiding) Langford

McKenzie Timmons Trulock

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that SB 477 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 477 was immedi ately transmitted to the House.

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HB 67. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers to es tablish certain prior teaching service as creditable service and to retire on the basis of such creditable service and membership service.
Senate Sponsor: Senator Timmons of the llth.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 67S (LC 7 6091S)
As requested, we have made an actuarial investigation of the impact of House Bill 67S (LC 7 6091S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would allow certain former teachers to purchase certain periods of prior service.
While we do not know how many members would be affected by this proposal, we would not expect any increase in unfunded actuarial accrued liabilities to be material to the funding of the System.
The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. The accrued liability rates shown are a composite of the separate rates used for State-paid and locally-paid compensation.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 2,534,530

$ 2,534,530 (est)

negligible

Annual Contribution

Annual Amount

Annual Amount

Annual Amount

Normal Accrued Liability

6.09% $ 140,070 6.09% $ 140,070 O f/o/ $ 0

6.82

156,860 6.82

156,860

Total

12.91% $ 296,930 12.91% $ 296,930 0% negligible

The preceding figures are based on the employee data, actuarial assumptions and actua-

MONDAY, FEBRUARY 10, 1986

547

rial methods used to prepare the June 30, 1984 actuarial valuation of the System, together with an estimated payroll of $2,300,000,000.
Sincerely yours, /s/ Donald M. Overholser
Consulting Actuary
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Bowen Fincher

Kennedy (presiding) Langford

Scott of 2nd Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 186. By Representatives Thomas of the 69th, Lee of the 70th, Cummings of the 17th and others:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to establish creditable service for certain periods of absence due to maternity reasons.
Senate Sponsor: Senator Timmons of the llth.

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The following actuarial report, as required by law, was read by the Secretary:
Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 186S (LC 7 6087S)
As requested, we have made an actuarial investigation of the impact of House Bill 186S (LC 7 6087S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would allow certain former teachers to purchase creditable service under TRS for absences due to maternity leave. There would be no employer cost incurred since the member would pay the full actuarial cost. We consider this Bill to be nonfiscal.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brown off 4,,-7,th. Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene
gams
SHi"ne1"180" Holloway Horton Howard Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips pay Reddish
Scott of 2nd
Sc cott of 36th tarr , , Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th

Fincher Kennedy (presiding)

Langford Tolleson

On the passage of the bill, the yeas were 50, nays 0.

MONDAY, FEBRUARY 10, 1986

549

The bill, having received the requisite constitutional majority, was passed.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 12:31 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

550

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 11, 1986 Twenty-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 Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Kennedy of the 4th moved that the Senate reconsider its action of Monday, February 10, in defeating the following bill of the Senate:
SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th: A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 396 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1398. By Representative Greene of the 130th: 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 creating an elected fivemember board of education for Chattahoochee County; to provide the authority for this Act.
HB 1399. By Representative Greene of the 130th: 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 providing for the ap pointment of the county school superintendent of Chattahoochee County by the county board of education.
HB 1400. By Representative Greene of the 130th: 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 authorizing the gov erning authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incor porated municipality; to provide the authority for this Act.

TUESDAY, FEBRUARY 11, 1986

551

HB 1401. By Representative Greene of the 130th:
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 creation of the Chattahoochee County Industrial Development Authority; to provide the authority for this Act.
HB 1402. By Representative Greene of the 130th:
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 providing for the office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act.
HB 1562. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia.
HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others:
A bill to amend Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Au thority, so as to provide that loans under the first-time farmer tax-free note pro gram of the authority may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agri cultural operations.
HB 1386. By Representatives Dixon of the 151st, Aaron of the 56th and Bishop of the 94th:
A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses.
HB 1421. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to powers and duties of the department, commissioner, and board of human resources, so as to authorize the department to receive relevant convic tion data and pleas of nolo contenders for purposes of conducting criminal records checks on certain applicants for employment and provide for methods, conditions, and procedures relating thereto.
HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.
HB 1570. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education.

552

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 633. By Representative Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County to the City of Cairo.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1163. By Representative Lawson of the 9th:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students' right to admission, so as to provide that any student who attends school outside the state and who subse quently transfers to a public school in this state shall not be ineligible because of such transfer for any extracurricular activities offered by the school.
HB 1273. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd and others:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country.
HB 1279. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that if the Attorney General elects not to appeal from a judgment in favor of the peti tioner in a habeas corpus proceeding instituted by or on behalf of a felony inmate then the Attorney General shall give notice of his decision to the district attorney who prosecuted the inmate.
HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Cox of the 141st, Porter of the 119th and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service of process, so as to provide for acknowledgement of service or waiver of process in cases before the probate court.
HB 1349. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State De pository Board to use the investment pool.
HB 1363. By Representatives Bishop of the 94th, Murphy of the 18th and Thomas of the 31st:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to pro vide limitations on the use of force by certified peace officers when arresting fel ony suspects.

TUESDAY, FEBRUARY 11, 1986

553

HB 1669. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Waycross to incur limited bonded indebtedness for making and improving the water works system.
HB 1670. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the Commission of the City of Waycross; to pro vide for election districts; to provide for the election of the commission.
HB 1671. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Waycross to levy a tax to promote new industry.
HB 1672. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Waycross and Ware County Development Authority.
HB 12. By Representatives Richardson of the 52nd and Kilgore of the 42nd:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to exemptions allowable as deductions in computing Georgia taxable net income, so as to authorize an additional $700.00 exemption for each dependent residing in a taxpayer's household who is 65 years of age or older and incapable of self-care.
HB 858. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Lee of the 72nd, Pettit of the 19th and others:
A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local budgets and audits, so as to require state agencies and depart ments to accept audits which meet the requirements of the federal Single Audit Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes the money or services granted by the state.
HB 1660. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the chairman of the board.
HB 1661. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to make permanent certain existing Clarke County paid staff positions with the office of the district attorney of the Western Judicial Circuit, namely, the positions of one county paid assistant district attorney, two county paid criminal investigators, and one county paid secretary; to provide for appointment to said staff positions by the district attorney.
HB 1664. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the compensation of the chairman and members of the board of com missioners of Ware County.

554

JOURNAL OF THE SENATE

HB 1665. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the governing authority of Ware County to create the office of county manager.
HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the powers of the sheriff of Ware County and authorizes the governing authority of Ware County to vest certain powers in the county police force.
HB 1667. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Ware County to levy a tax to promote and encourage new industry.
HB 1668. By Representative Dixon of the 151st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the General Assembly to create the Downtown Waycross Development Authority.
HB 1640. By Representative Walker of the 115th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority.
HB 1641. By Representative Walker of the 115th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers which are granted to municipali ties pursuant to the "Redevelopment Powers Law," as amended.
HB 1645. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain condi tions (Resolution Act No. 244).
HB 1646. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain condi tions (Resolution Act No. 63).
HB 1647. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd, Alien of the 127th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Downtown Savannah Authority.

TUESDAY, FEBRUARY 11, 1986

555

HB 1648. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Savannah Airport Commission.
HB 1651. By Representatives Galer of the 97th, Buck of the 95th, Robinson of the 96th, Smyre of the 92nd and Bishop of the 94th:
A bill to amend the charter of the county-wide government of Columbus, Geor gia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to provide that violations of the code of ethics of the consolidated government may be punished, in addition to any other punishment provided by law, as pro vided by ordinance.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 533. By Senators Deal of the 49th, Harris of the 27th and Albert of the 23rd:
A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursuant to application by 100 percent of the landowners, so as to prohibit annexations across county boundaries by use of the 100 percent method of annexation unless approved by the county governing authority. Referred to Committee on Urban and County Affairs (General).
SB 534. By Senator Kennedy of the 4th:
A bill to be entitled an Act to fix the compensation of the members of the board of education of Evans County; to provide for reimbursement of actual expenses; to provide that the accounts for such service and expenses shall be submitted for approval to the county school superintendent; to provide for related matters. Referred to Committee on Urban and County Affairs.
SB 535. By Senator Barnes of the 33rd:
A bill to amend Code Section 32-6-28, relating to permits for vehicles and loads exceeding maximum weight and size limitations, so as to provide for the issuance of annual permits for vehicles transporting certain one-piece fiberglass swimming pools; to provide for related matters. Referred to Committee on Transportation.
SB 536. By Senator Allgood of the 22nd:
A bill to amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," so as to clarify the definition of the term "amusement ride"; to provide for a statement of intent; to provide an effective date. Referred to Committee on Judiciary.
SB 537. By Senators Barnes of the 33rd and Coverdell of the 40th:
A bill to amend Code Section 44-3-111 of the Official Code of Georgia Annotated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared; to provide for all related matters. Referred to Committee on Industry and Labor.

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SB 538. By Senator Fincher of the 54th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit drink ing or having in one's possession open containers of alcoholic beverages in certain specified places; to restrict the time of sale or offers for sale of alcoholic bever ages; to provide for penalties. Referred to Committee on Consumer Affairs.
SB 539. By Senator Foster of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain Judicial Circuit. Referred to Committee on Judiciary.
SR 375. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to con duct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day. Referred to Committee on Education.
SR 377. By Senators Horton of the 17th, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution creating the Study Commission on the Institution of the General Assembly. Referred to Committee on Governmental Operations.
The following bills and resolution of the House were read the first time and referred to committee:
HB 12. By Representatives Richardson of the 52nd and Kilgore of the 42nd:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to exemptions allowable as deductions in computing Georgia taxable net income, so as to authorize an additional $700.00 exemption for each dependent residing in a taxpayer's household who is 65 years of age or older and incapable of self-care. Referred to Committee on Banking and Finance.
HB 858. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Lee of the 72nd, Pettit of the 19th and others:
A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local budgets and audits, so as to require state agencies and depart ments to accept audits which meet the requirements of the federal Single Audit

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Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes the money or services granted by the state.
Referred to Committee on Governmental Operations.
HB 1163. By Representative Lawson of the 9th:
A bill to amend Subpart 1 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students' right to admission, so as to provide that any student who attends school outside the state and who subse quently transfers to a public school in this state shall not be ineligible because of such transfer for any extracurricular activities offered by the school. Referred to Committee on Education.
HB 1273. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd and others:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country. Referred to Committee on Banking and Finance.
HB 1279. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Robinson of the 96th and Davis of the 45th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions in general, so as to provide that if the Attorney General elects not to appeal from a judgment in favor of the peti tioner in a habeas corpus proceeding instituted by or on behalf of a felony inmate then the Attorney General shall give notice of his decision to the district attorney who prosecuted the inmate. Referred to Committee on Judiciary and Constitutional Law.
HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Cox of the 141st, Porter of the 119th and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service of process, so as to provide for acknowledgement of service or waiver of process in cases before the probate court. Referred to Committee on Judiciary and Constitutional Law.
HB 1349. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State De pository Board to use the investment pool. Referred to Committee on Banking and Finance.
HB 1363. By Representatives Bishop of the 94th, Murphy of the 18th and Thomas of the 31st:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to pro-

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vide limitations on the use of force by certified peace officers when arresting fel ony suspects. Referred to Committee on Public Safety.
HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others:
A bill to amend Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Au thority, so as to provide that loans under the first-time farmer tax-free note pro gram of the authority may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agri cultural operations. Referred to Committee on Agriculture.
HB 1386. By Representatives Dixon of the 151st, Aaron of the 56th and Bishop of the 94th:
A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses. Referred to Committee on Consumer Affairs.
HB 1421. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to powers and duties of the department, commissioner, and board of human resources, so as to authorize the department to receive relevant convic tion data and pleas of nolo contendere for purposes of conducting criminal records checks on certain applicants for employment and provide for methods, conditions, and procedures relating thereto. Referred to Committee on Human Resources.
HB 1538. By Representative Ware of the 77th: A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.
Referred to Committee on Insurance.
HB 1570. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education. Referred to Committee on Retirement.
HR 633. By Representative Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County to the City of Cairo. Referred to Committee on Public Utilities.
HB 1398. By Representative Greene of the 130th:
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 creating an elected five-

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559

member board of education for Chattahoochee County; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 1399. By Representative Greene of the 130th:
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 providing for the ap pointment of the county school superintendent of Chattahoochee County by the county board of education. Referred to Committee on Urban and County Affairs.
HB 1400. By Representative Greene of the 130th:
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 authorizing the gov erning authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in the county but outside the limits of any incor porated municipality; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 1401. By Representative Greene of the 130th:
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 creation of the Chat tahoochee County Industrial Development Authority; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 1402. By Representative Greene of the 130th:
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 providing for the office of sheriff of Chattahoochee County and for future amendment by local Acts of the General Assembly; to provide the authority for this Act. Referred to Committee on Urban and County Affairs.
HB 1562. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia. Referred to Committee on Urban and County Affairs.
HB 1640. By Representative Walker of the 115th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the creation of the City of Perry Industrial Building Authority and the powers and administration of the authority. Referred to Committee on Urban and County Affairs.
HB 1641. By Representative Walker of the 115th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide that the city shall have and shall be

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authorized to exercise all redevelopment powers which are granted to municipali ties pursuant to the "Redevelopment Powers Law," as amended. Referred to Committee on Urban and County Affairs.
HB 1645. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain condi tions (Resolution Act No. 244).
Referred to Committee on Urban and County Affairs.
HB 1646. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain condi tions (Resolution Act No. 63).
Referred to Committee on Urban and County Affairs.
HB 1647. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd, Alien of the 127th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Downtown Savannah Authority.
Referred to Committee on Urban and County Affairs.
HB 1648. By Representatives Pannell of the 122nd, Mueller of the 126th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Savannah Airport Commission.
Referred to Committee on Urban and County Affairs.
HB 1651. By Representatives Galer of the 97th, Buck of the 95th, Robinson of the 96th, Smyre of the 92nd and Bishop of the 94th: A bill to amend the charter of the county-wide government of Columbus, Geor gia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to provide that violations of the code of ethics of the consolidated government may be punished, in addition to any other punishment provided by law, as pro vided by ordinance.
Referred to Committee on Urban and County Affairs.
HB 1660. By Representatives Dobbs of the 74th and Stencil of the 66th: A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the chairman of the board.
Referred to Committee on Urban and County Affairs.
HB 1661. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th: A bill to make permanent certain existing Clarke County paid staff positions with the office of the district attorney of the Western Judicial Circuit, namely, the positions of one county paid assistant district attorney, two county paid

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criminal investigators, and one county paid secretary; to provide for appointment to said staff positions by the district attorney. Referred to Committee on Urban and County affairs.
HB 1664. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Ware County, so as to change the compensation of the chairman and members of the board of com missioners of Ware County. Referred to Committee on Urban and County Affairs.
HB 1665. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the governing authority of Ware County to create the office of county manager.
Referred to Committee on Urban and County Affairs.
HB 1666. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides for the powers of the sheriff of Ware County and authorizes the governing authority of Ware County to vest certain powers in the county police force. Referred to Committee on Urban and County Affairs.
HB 1667. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Ware County to levy a tax to promote and encourage new industry.
Referred to Committee on Urban and County Affairs.
HB 1668. By Representative Dixon of the 151st: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the General Assembly to create the Downtown Waycross Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1669. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Waycross to incur limited bonded indebtedness for making and improving the water works system. Referred to Committee on Urban and County Affairs.
HB 1670. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the Commission of the City of Waycross; to pro vide for election districts; to provide for the election of the commission. Referred to Committee on Urban and County Affairs.

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HB 1671. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the City of Waycross to levy a tax to promote new industry.
Referred to Committee on Urban and County Affairs.

HB 1672. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Waycross and Ware County Development Authority.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 300. Do pass by substitute.

HB 1215. Do pass.

SB 484. Do pass.

HB 1246. Do pass.

SB 490. Do pass.

HB 1360. Do pass.

SR 358. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1295. Do pass.

SB 471. Do pass.

HB 1359. Do pass.

SB 473. Do pass.

SB 470. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 460. Do pass.

HB 1149. Do pass as amended.

SB 461. Do pass.

HB 1153. Do pass.

HB 493. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

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563

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 324. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation 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 321. Do not pass.

HB 1335. Do pass.

HB 1212. Do pass.

HB 1377. Do pass.

HB 1242. Do pass.

HB 1463. Do pass.

HB 1317. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 477. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1356. Do pass.

HB 1492. Do pass.

HB 1390. Do pass.

HB 1529. Do pass.

HB 1470. Do pass.

HB 1533. Do pass.

HB 1491. Do pass.

HB 1534. 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 327. By Senator Phillips of the 9th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospital administrator shall at

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the time of death of such patient, request that certain persons consent to such gift; to provide for procedures.

SB 441. By Senators Stumbaugh of the 55th and Foster of the 50th:
A bill to amend Code Sections 20-2-142 and 20-2-285.1 of the Official Code of Georgia Annotated, so as to provide that information shall be presented to young people relating to the consequences that may result while driving under the influ ence; to change certain internal cross-references; to provide for other matters rel ative thereto.

SB 445. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for certain issues that warrant either a downward or upward revision or modification of certain permanent alimony judgments.

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to change certain provisions relating to the establishment and designation of com munity work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

SB 476. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for certain written notice to a tenant at will or sufferance prior to a demand for possession by the purchaser of the lessor's interest at a foreclosure sale; to provide for ser vice or delivery of such notice; to provide when such notice shall be made.

HB 1145. By Representatives Phillips of the 120th, Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protec tion, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare.

HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th:
A resolution urging the Congress of the United States to adopt legislation relat ing to the Social Security Act.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Dean English

Engram Fincher Foster Garner Gillis Greene Harris Hine

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565

Holloway Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tolleson Trulock Turner Tysinger

Those not answering were Senators:

Bond Coleman Coverdell Deal

Harrison Horton Howard Langford

Peevy Tate Timmons Walker

Senator McGill of the 24th introduced the chaplain of the day, Reverend Albert Huyck, pastor of First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 378. By Senator McGill of the 24th:
A resolution proclaiming February 20, 1986, as Georgia Farm Bureau Day at the state capitol.

SR 381. By Senator Baldwin of the 29th: A resolution commending Coach William Oliver Hunnicutt of LaGrange, Georgia.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Tuesday, February 11, 1986
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1356 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Howard, 42nd Stumbaugh, 55th City of Alpharetta Fulton County
Amends Act consolidating, creating, revising, and superseding the several Acts incorporating city and creates new charter for said city; changes corpo rate limits of city.

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HB 1390 Brown, 47th Elbert County
Amends Act entitled "An Act to provide a board of commissioners for county," provides for election of board of commissioners of county; provides for composition of board of districts therefor and elections therefrom.
HB 1470 Dean, 31st Paulding County
Amends Act to provide for election of members of Board of Education; pro vides for appointment of school superintendent by board of education; pro vides that the current school superintendent shall serve out remainder of term to which such school superintendent was elected.
HB 1491 Dean, 31st Hine, 52nd City of Emerson Bartow County
Amends Act incorporating city; repeals current provisions of said Act which provides for a police court and establish a mayor's court in lieu thereof.
HB 1492 Dean, 31st Hine, 52nd City of White Bartow County
Amends Act incorporating city; changes provisions relating to appointment and qualifications of judge of mayor's court; repeals provisions relating to right of appeal to Superior Court; provides for right of certiorari and writ of certiorari.
HB 1529 Harris, 27th Monroe County
Continues amendment which relates to providing that grand jury shall be authorized to arbitrate and resolve certain disputes relating to county mat ters as the General Assembly may by local law provide.
HB 1533 Harris, 27th City of Eleanor Monroe County
Repeals an Act entitled "An Act to incorporate the town of Eleanor, in County of Monroe", to define its corporate limits; provides for appointment of officers of said town; defines their duties and powers; provides how town shall be governed.
HB 1534 Harris, 27th City of Forsyth Monroe County
Amends Act providing new charter for city; includes certain described properties within corporate boundaries of city.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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567

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Turner Tysinger

Those not voting were Senators:

Bond Coverdell Deal Harrison

Howard Langford Stumbaugh

Timmons Trulock Walker

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Tuesday, February 11, 1986
TWENTY-FIRST LEGISLATIVE DAY
SB 483 Certifying Professional Personnel--procedures BILL PLACED ON CALENDAR FOR THE PURPOSE OF ENTERTAINING A MOTION TO DISAGREE WITH THE REPORT OF THE COMMITTEE WHICH WAS UNFAVORABLE TO THE PASSAGE OF THE BILL.

SB 369 Joint Purchase of Insurance by City/County--authorize (AMENDMENT) (Ins--22nd)
SB 440 State, Local Governmental Bodies--liability insurance and indemnification (SUBSTITUTE) (Ins--55th)
SB 415 Octane Fuel Sale Unlawful Under "Below Cost Sales Act"--punitive damages (SUBSTITUTE) (J&CL--33rd)
SB 416 Local School Board Decisions on School Law--appeals (Ed--18th) SR 317 Automobile License--additional fee for support of emergency medical services
system (Hum R--30th)
SB 390 Automobile Insurance--penalties, failure to comply with requirements (SUBSTI TUTE) (Ins--26th)
SR 278 Plant Vogtle--relative to (SUBSTITUTE) (Pub U--25th)

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SR 357 Baldwin County--lease of certain real property (Pub U--25th)
SB 384 Liability Insurers--reporting of certain information (AMENDMENT) (Ins--49th)
SB 438 School Food Service Personnel--provide for sick leave (Ed--4th)
HR 500 Seaboard System Railroad--relating to acceptance of the offer of the lessee (Pub U--33rd)
SB 292 Contracts Between Principals in Wholesale Sales and Their Representatives--in writing (SUBSTITUTE) (I&L--45th)
SB 450 Shore Assistance Act of 1979--commissioner of natural resources may issue per mits (Nat R--20th)
SB 447 Law Enforcement Officer Personal Automobile Insurance--certain accidents not considered in computation (Ins--8th)
SB 378 Marital Deduction Trust--qualification under additional Internal Revenue Ser vice Section (AMENDMENT) (J&CL--33rd)
SB 222 Juvenile Probation Officers--state subsidies for funding, counties over 100,000 (SUBSTITUTE) (AMENDMENTS) (C&Y--40th)
HR 566 Effingham County--State grant easement for intake, outfall facility (Pub U--4th)
HB 391 Employees and Teachers Retirement--define employee and teacher (Ret--llth)
HB 595 Property Tax Return--notice of assessment change include appeal form (AMENDMENT) (B&F--46th)
HB 251 Teachers Retirement--change average compensation computation (Ret--llth)
HB 1258 Wesleyan College--special license plate to commemorate sesquicentennial (Gov Op--27th)
HB 1364 Financing Statement in Secured Transactions--maturity date (B&F--15th)
HB 787 Congressional, Legislative, District Maps--Secretary of State may print, dis tribute (Gov Op--25th)
HR 363 General Obligation Debt--to finance water, sewage facilities systems (Nat R--20th)
HB 1142 Environmental Facilities Authority--create (Nat R--20th)
SB 335 County Boards of Education--removal of member for certain causes (SUBSTI TUTE) (Ed--2nd)
HB 416 Teachers Retirement--change provisions on reinstatement of membership (Ret--44th)
HB 1338 Election Code--amend (SUBSTITUTE) (Gov Op--25th)
HB 1236 Board of Landscape Architects--continue and change termination date (Gov Op--25th)
HB 1424 Dumping Certain Waste into Public Sewers--written permission (Nat R--7th)
HB 1314 Claims Advisory Board--commissioner of corrections serve (Gov Op--25th)
HR 586 Lowndes County--conveyance of certain state owned property (Pub U--8th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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569

Senator Allgood of the 22nd moved that the Senate disagree with the committee report which was adverse to the passage of the following bill of the Senate:
SB 483. By Senators Allgood of the 22nd, English of the 21st, Bowen of the 13th and others: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel, so as to provide for additional certification procedures; to provide for restrictive certifications by subarea; to provide criteria and procedures; to provide for hearings; to provide for matters relative to the foregoing.
The President put the motion, "Shall the committee report which was adverse to the passage of SB 483 be agreed to?"
On the motion, the yeas were 0, nays 43, and the Senate disagreed to the committee report which was adverse to the passage of SB 483.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 369. By Senators Allgood of the 22nd and Stumbaugh of the 55th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by munici palities and counties; to authorize joint self-insurance programs for municipali ties and counties; to authorize individual self-insurance programs for municipali ties and counties; to provide for definitions; to provide for contracts.
The Senate Committee on Insurance offered the following amendment:
Amend SB 369 by adding at the end of line 26 of Page 3 the following: "any two or more".
By inserting on Page 4, between line 16 and line 17, a new subsection (b) to read as follows:
"(b) For the purposes of this article, municipalities and counties shall be deemed to constitute separate classes, and no member of any one such class shall join with a member of another class for the purpose of creating an interlocal risk management agency."
By striking from line 17 of Page 4 the following: "(b)",
and inserting in lieu thereof the following: "(c)",
By striking from line 22 of Page 4 the following: "(c)",
and inserting in lieu thereof the following: "(d)".
By striking from line 32 of Page 4 the following: "(d)",
and inserting in lieu thereof the following: "(e)".

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On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman 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 Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bond Coverdell

Howard Hudgins

Langford Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 440. By Senators Stumbaugh of the 55th and Foster of the 50th:
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 revise provisions relating to liability insurance and indemnification for state and local governmental bodies and their officers, officials, and employees; to provide for the methods, including but not limited to self-insurance and risk pooling.

The Senate Committee on Insurance offered the following substitute to SB 440:

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the joint purchase of insurance by boards of education of county and independent school sys tems; to authorize joint self-insurance programs for boards of education and school systems; to authorize individual self-insurance programs for boards of education and school systems; to provide for definitions; to provide for contracts; to provide for interlocal risk management agencies and the powers, duties, and management thereof; to provide for plans and funds; to provide for the pooling of risks; to provide for records, practices, and procedures; to provide for rules and regulations; to provide for excess insurance; to provide for regulation of joint

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571

self-insurance programs by the Commissioner of Insurance; to provide for certificates of au thority; to provide for audits; to provide for construction; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 28 to read as follows:
"ARTICLE 28
Part 1
20-2-2001. As used in this part, the term:
(1) 'Board of education' or 'board' means a public board of education of any county or of any independent school systems of this state.
(2) 'Group self-insurance fund' or 'fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of public liability, motor vehicle liability, property damage, or any combination of such risks, or to purchase a joint policy or policies of insurance providing protection against such risks.
(3) 'Interlocal risk management agency' or 'agency' means an association formed by two or more boards of education by an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insur ance funds.
(4) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group selfinsurance funds, including the processing and defense of claims brought against members of the agency.
(5) 'Motor vehicle liability' means liability to which a board of education or school sys tem may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment.
(6) 'Property damage' means loss to which a board of education or school system may be subject by reason of physical damage or destruction to real or personal property owned or leased by such board or school system.
(7) 'Public liability' means liability for bodily injury, death, or damage to property owned by others to which a board of education or school system may be subject either di rectly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment.
(8) 'School system' means any county school system or any independent school system of any municipality in this state.
20-2-2002. (a) Any two or more boards of education may execute an intergovernmental contract between or among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
(1) Pool its public liability risks in whole or in part with those of other boards of education;
(2) Pool its motor vehicle liability risks in whole or in part with those of other boards of education;

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(3) Pool its property damage risks in whole or in part with those of other boards of education;
(4) Jointly purchase public liability, motor vehicle liability, or property damage insur ance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy with the total premium prorated among such participants.
(b) Each group self-insurance fund shall be separate as to risk and shall be maintained as a separate pool, but one or more of the funds may be administered by a single interlocal risk management agency.
(c) All arrangements and agreements made under the authority of this part shall be in writing. A board of education may become a member of an interlocal risk management agency by the adoption of a resolution by the board of education. The interlocal risk man agement agency shall operate under such name and style as shall be provided in the con tract creating such agency and shall have the power to bring and defend actions in all courts.
(d) All books, records, and files maintained by any administrator for the agency, includ ing but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand.
20-2-2003. Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer an agency in accordance with the provisions of the intergovernmental contract establishing the agency and shall be authorized to adopt such bylaws, rules, and regulations as may be necessary or desirable in administering such agency.
20-2-2004. An interlocal risk management agency created pursuant to this part is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer.
20-2-2005. A group self-insurance fund shall not function until the interlocal risk man agement agency administering such fund has enrolled members which:
(1) For each public liability and motor vehicle liability fund shall generate an annual gross premium of not less than $300,000.00; or
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00
20-2-2006. A board of education or school system shall not, by reason of being a mem ber of an interlocal risk management agency and contributing to a group self-insurance fund, be liable to such interlocal risk management agency, to any other member, or to any claimant against the agency, itself, or another member, except for payment of contributions provided for in the intergovernmental contract between the board of education and the in terlocal risk management agency.
20-2-2007. No interlocal risk management agency shall become operative until it has been issued a certificate of authority by the Commissioner of Insurance under such rules and regulations as the Commissioner may promulgate to assure compliance with the provi sions of this part. The Commissioner of Insurance is authorized to examine the books, records, and affairs of any interlocal risk management agency for the purpose of determin ing compliance with this part and to revoke the certificate of authority of any agency which the Commissioner of Insurance determines is not in compliance with this part.
20-2-2008. (a) An interlocal risk management agency shall maintain at all times a con tract or contracts of specific excess insurance of at least $1,000,000.00 per occurrence and an

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573

aggregate excess insurance contract or contracts of at least $5,000,000.00 with respect to public liability or motor vehicle liability claims.
(b) An interlocal risk management agency shall maintain at all times a contract or con tracts of aggregate excess insurance of at least $1,000,000.00 with respect to property damage.
20-2-2009. Each fund established under this part shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be filed with the state auditor and shall be made available to fund members.
20-2-2010. The exercise by a board of education of the authority provided in this part shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia.
Part 2
20-2-2020. Boards of education of county and independent school systems may individ ually self-insure property and casualty risks. No individual self-insurance program estab lished by a board of education shall become effective until the chairman of the board of education files a notarized letter with the Commissioner of Insurance advising of the estab lishment of an individual self-insurance program for its respective school system. The estab lishment of an individual self-insurance program by a board of education shall not subject such board of education or school system to regulation by the Commissioner of Insurance.
20-2-2021. Boards of education choosing to individually self-insure a risk or risks are authorized to purchase contracts of specific and aggregate excess insurance.
20-2-2022. The exercise by a board of education of the authority provided in this part shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger

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Those not voting were Senators:

Bond Coverdell Garner

Howard Langford Timmons

Trulock Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 415. By Senator Barnes of the 33rd:
A bill to amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue un til certain conditions have been met.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 415:

A BILL
To be entitled an Act to amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide for reasonable attor ney fees and costs of litigation; to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue until certain conditions have been met; to provide for all related mat ters; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," is amended by striking subsections (a) and (b) and in serting in their place new subsections (a) and (b) to read as follows:
"(a) Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the defendant to enjoin such violation. A successful petitioner shall be enti tled to recover reasonable attorney fees and costs of litigation.
(b) In addition to the action provided in subsection (a) of this Code section, any person who sustains a competitive injury by reason of a violation of this article may maintain an action in any court of this state having jurisdiction over the defendant to recover the actual, or special, damages sustained thereby including, but not limited to, reasonable attorneys' fees and costs of litigation. A successful claimant under this subsection shall be awarded punitive damages not to exceed $1,000.00 for each day on which the defendant continued to commit the violation of this article resulting in competitive injury after having received from the plaintiff a written notice that the defendant was engaging in such violation. The maximum amount of such punitive damages which may be awarded to any one plaintiff from any one defendant, however, shall be $200,000.00."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The

TUESDAY, FEBRUARY 11, 1986

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General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Huggins Kennedy Kidd

Land McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Bond Coverdell Fincher

Howard Langford McKenzie

Timmons Walker

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd moved that SB 415 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 415 was immedi ately transmitted to the House.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 416. By Senators Barker of the 18th, Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-1160 of the Official Code of Georgia Anno tated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, so as to provide for notification to

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the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process; to provide for matters re lated to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Coverdell Howard

Huggins Kennedy (presiding) Langford

Timmons Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the Senate, having been read the third time on Feb ruary 7 and lost, and reconsidered on February 10, was put upon its adoption:

SR 317. By Senators Garner of the 30th, Harrison of the 37th and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of an additional fee for the li censing of vehicles and provide that the proceeds derived therefrom may be ap propriated to the Department of Human Resources for use in the support of emergency medical services systems in this state; to provide for return of moneys to counties; to provide for the submission of this amendment for ratification or rejection.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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577

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bond Brannon Brantley Brown of 47th Bryant Burton Cobb Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Huggins Kidd McGill

McKenzie Perry Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Broun of 46th Coleman

Dawkins Deal Holloway Hudgins

Land Peevy Phillips

Those not voting were Senators:

Bowen Coverdell

Kennedy (presiding) Langford

Starr Walker

On the adoption of the resolution, the yeas were 39, nays 11.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following resolution of the Senate was read and adopted:

SR 383. By Senator Foster of the 50th: A resolution commending Ms. Irene Berry.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 390. By Senators Greene of the 26th, Stumbaugh of the 55th and Walker of the 43rd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exten sively revise the penalties for failure to comply with the requirements for motor vehicle insurance.

The Senate Committee on Insurance offered the following substitute to SB 390:

A BILL
To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exten sively revise the requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to provide for proof of motor vehicle insurance prior to the licensing of vehicles; to authorize rules and regulations; to prohibit insurers from issuing proof of insurance which indicates coverage for a period of time in excess of the period of time for which premiums have actually been paid; to provide for notices of cancellation; to provide for the furnishing of information to the Department of

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Public Safety; to provide for violations, penalties, and penalty fees; to provide for the sus pension of licenses, tags, and tag registrations; to provide for filings of financial responsibil ity; to provide that notices affecting driver's licenses given by regular or certified mail shall constitute legal notice; to provide for keeping certain records and for the use of such records in evidence; to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances under which a police officer may remove a vehicle, so as to author ize the removal of an uninsured vehicle under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking in their en tirety Code Sections 33-34-10. 33-34-10.1, 33-34-10.2, 33-34-11, and 33-34-12 and inserting in lieu thereof the following:
"33-34-10. (a) No motor vehicle shall be licensed by this state until the owner has fur nished proof to the licensing authorities that there is in effect the minimum insurance cov erage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a period of at least 180 days. This time period shall apply only to private passenger vehicles. The tag agents of the various counties shall require the submission of proof of the minimum insurance coverage required by this chapter prior to the issuance of a license tag or tag registration. In the case of registration by mail, the owner of the vehicle shall send proof of the minimum insurance coverage required by this chapter with the application form and payment. Evidence of coverage provided by the insurer, including, but not limited to, insurance cards or the declarations page of the insur ance policy, shall be sufficient proof under this subsection. Insurers shall issue at least two proof of insurance cards as prescribed by the commissioner of public safety to the owner of each motor vehicle.
(b) The commissioner of public safety shall prescribe by rules and regulations the nec essary information which shall be required to be furnished in order to satisfy this Code section; however, such information as pertains to the minimum insurance coverage shall contain the certification of the applicant that minimum insurance is in force and the pre mium has been paid in full or the premium is being paid on an installment basis and that the premium for the first 60 days has been paid in full.
(c) It shall be unlawful for any insurer to provide proof of any insurance coverage re quired by this chapter which indicates coverage for any period of time that exceeds the period of time for which premiums have actually been paid by the insured; provided, how ever, if the insured can certify to the insurer that the minimum insurance required by this chapter has been continuously maintained during the previous year, then the insurer may issue proof of coverage for a period of time not to exceed six months without requiring full payment of the premium.
(d) Any insurer violating the provisions of subsection (c) of this Code section shall be guilty of a misdemeanor.
33-34-10.1. (a) In cases in which the minimum insurance required by this chapter is canceled, the insurer, within five days of the effective date of the cancellation, shall notify the Department of Public Safety of the cancellation in the form specified by the department of any cancellation during the term of the policy. For the purposes of aiding in the enforce ment of this chapter, insurers shall furnish any insurance coverage information deemed nec essary by the department or other appropriate law enforcement agencies.
(b) (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle that the department has been informed of the fact of the cancellation, and of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that

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579

minimum insurance coverage has been obtained and to provide any other information relat ing to such insurance coverage requested by the department.
(3) The owner shall furnish such information to the department within 15 days of the date on which the notification was mailed by the department.
(c) (1) If the owner responds within the specified time period and indicates that mini mum insurance coverage is in effect, but there has been a lapse in coverage, the owner must remit a $50.00 lapse fee to the department with the form providing proof of minimum insur ance coverage. Supplying the form in this case without the lapse fee will result in suspension of the operator's license, license tag, and tag registration as if the form had not been re turned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's operator's license, license tag, and tag regis tration shall be suspended immediately by the department. When the owner provides proof of minimum insurance, pays a lapse fee of $50.00, and pays a restoration fee of $50.00, the suspension shall terminate and the department shall return the operator's license, license tag, and tag registration to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's operator's license, license tag, and tag registration. When the owner provides proof of having prepaid a 180 day minimum insurance policy, pays a lapse fee of $100.00, and pays a restoration fee of $50.00, the suspension period shall terminate and the department shall return the operator's license, license tag, and tag registration to the owner of the motor vehicle; provided, however, that any owner whose operator's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall only pay a $50.00 restoration fee and such owner shall not be deemed to have violated Code Section 40-5-121.
(4) In cases where the operator's license, license tag, and tag registration have been suspended under this subsection for a second or subsequent offense during any five-year period, the department shall suspend the operator's license, license tag, and tag registration for a period of 60 days. After the 60 day suspension period and, upon providing proof of having prepaid a 180 day minimum insurance policy, the owner shall, with payment of a lapse fee of $100.00 and payment of a restoration fee of $100.00 to the department, obtain reinstatement of the operator's license, license tag, and tag registration. The department shall in this case return the operator's license, license tag, and tag registration to the owner of the motor vehicle.
(d) For the purposes of enforcement of this Code section, the Department of Public Safety shall devise a plan to verify a random sample of the forms provided under subsection (b) of this Code section which are returned each week.
(e) A person knowingly making a false statement under subsections (b), (c), and (d) of this Code section shall be guilty of false certification and subject to the penalties set forth in Code Section 33-34-12.
33-34-11. (a) The owner or operator of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of the minimum insurance coverage required by this chapter. Such proof or evidence shall at all times be maintained in said vehicle by the operator. Any person who fails to comply with the requirements of this Code section shall be guilty of a misdemeanor.
(b) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chap ter at any time the law enforcement officer requests the presentation of the operator's li cense of the operator of the vehicle.
(c) If the owner or operator of a motor vehicle fails to show proof or evidence of mini mum insurance, the arresting officer shall issue a uniform traffic citation for knowingly oper-

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ating a motor vehicle without proof of insurance and shall take possession of the operator's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation shall be issued to the owner for knowingly authorizing the operation of a motor vehicle without proof of insurance. If the person shows to the court having jurisdiction of the case that insurance coverage was in effect at the time the citation was issued, the court shall return the opera tor's license upon payment of a fine not to exceed $50.00. The court shall not in this case forward a record of the disposition of the case to the department.
(d) A person knowingly making a false statement under this Code section shall be guilty of false certification and subject to the penalties set forth in Code Section 33-34-12.
33-34-11.1. (a) An owner or any other person who knowingly operates or knowingly au thorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends cover age to any vehicle the operator may drive and which otherwise meets the requirements of this chapter.
(b) If the person convicted under subsection (a) of this Code section is the owner of the vehicle, such person's operator's license, license tag, and tag registration shall be suspended for a period of 30 days and the owner will be subject to a fine of not less than $100.00 nor more than $1,000.00. The owner shall submit the operator's license, license tag, and tag registration to the court upon conviction. The court shall forward the operator's license, license tag, and tag registration to the Department of Public Safety. After the 30 day sus pension period and, upon providing proof of having prepaid a 180 day minimum insurance policy, the owner shall, with payment of the restoration fee of $100.00 to the department, obtain reinstatement of operator's license, license tag, and tag registration. The department shall in this case return the owner's operator's license, license tag, and tag registration to the owner of the motor vehicle. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days, the fine for conviction will be increased to not less than $250.00 nor more than $1,000.00 and the restoration fee will be $100.00.
(c) If the person convicted is not the owner of the vehicle, such person's operator's license shall be suspended for a period of 30 days or until such person pays a restoration fee of $100.00, whichever comes first. The person shall submit the operator's license to the court upon conviction and the court shall forward the license to the department. For a second or subsequent offense within a five-year period, the person shall be required to pay a fine of not less than $100.00 nor more than $1,000.00 and such person's operator's license shall be suspended for a period of 60 days. After the 60 day period has ended and when the person pays a restoration fee of $100.00, the department shall return the operator's license to the person.
(d) For the purposes of levying fines under this Code section, it is the intent of the General Assembly that the court of jurisdiction consider the average premium price for a minimum insurance policy as the minimum fine. The court is authorized to hear evidence to determine what the average premium price may be.
(e) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle operator's license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an ap proved plan of self-insurance as required by this chapter and a warrant shall issue for the arrest of such person.
(f) Any person convicted of a violation under this Code section shall additionally com ply with the requirements of Code Section 33-34-12.2.
(g) The court having jurisdiction shall have the discretion to order restitution as a part

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of any sentence imposed for a violation of this Code section. The provisions of Article 1 of Chapter 14 of Title 17 shall apply to any restitution ordered pursuant to this Code section.
33-34-11.2. (a) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a first violation of Code Section 33-34-11.1 or Code Section 3334-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of nolo contendere, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
(b) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a second or subsequent violation of Code Section 33-34-11.1 or Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of Code Section 33-34-11.1 or Code Section 33-34-12, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.
33-34-12. (a) Any person knowingly making a false certification under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $250.00 nor more than $1,000.00 or imprisonment of not more than 90 days, or both. In addition to such punishment, the person's operator's license, license tag, and tag registration shall be suspended for a period of 30 days. Such person shall be required to submit such operator's license, license tag, and tag registration to the court upon conviction. The court shall forward all licenses, license tags, and tag registrations to the Department of Public Safety. After the 30 day suspension period, and upon providing proof of having pre paid a 180 day minimum insurance policy, the convicted person shall, with payment of a lapse fee of $100.00 and payment of a restoration fee of $50.00 to the department, obtain reinstatement of such person's operator's license, license tag, and tag registration. The de partment shall in this case return the operator's license, license tag, and tag registration to the owner of the motor vehicle.
(b) For a second or subsequent conviction under this Code section within a five-year period, the person shall be subject to a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 90 days, or both. In addition, the person's operator's license, license tag, and tag registration shall be suspended for a period of 90 days. The procedures provided in subsection (a) of this Code section for the submission and forward ing of licenses, license tags, and tag registrations shall apply to suspensions under this sub section. After the 90 day suspension period, and upon providing proof of having prepaid a 180 day minimum insurance policy, the convicted person shall, with payment of a lapse fee of $100.00 and payment of a restoration fee of $50.00 to the department, obtain reinstate ment of such person's operator's license, license tag, and tag registration. The department shall in this case return the operator's license, license tag, and tag registration to the owner of the motor vehicle.
(c) The suspension periods under this Code section shall begin after any suspension periods end for convictions under Code Section 33-34-11.1.
(d) Any person convicted of a violation under this Code section shall additionally com ply with the requirements of Code Section 33-34-12.2.
(e) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle operator's license, license tag, and tag registration to the court after con viction of knowingly making a false certification under this Code section and a warrant shall issue for the arrest of such person.
33-34-12.1. (a) It is the duty of the owner or operator who has his operator's license, license tag, or tag registration suspended under the provisions of this chapter immediately upon suspension to forward such items to the Department of Public Safety.
(b) If such operator's license, license tag, or tag registration is not received by the de partment within ten days following the effective date of suspension, the commissioner of

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public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the operator's license, license tag, and tag registration and return the same to the Department of Public Safety. The department is authorized to reim burse, from moneys appropriated for that purpose, the local law enforcement agencies for their administrative costs and other reasonable costs incurred in actually securing the sus pended operator's license, license tag, and tag registration. The commissioner may prescribe by rules and regulations the administrative procedures and reimbursement fee schedule for the purposes of carrying out the provisions of this subsection.
(c) Unless otherwise provided in this Code section, notice of the effective date of sus pension shall occur when the driver receives actual knowledge or legal notice of the suspen sion, whichever occurs first. For the purposes of making any determination under this chap ter relating to the return of a suspended motor vehicle operator's license, license tag, and tag registration, no period of suspension under this chapter shall begin until the operator's license, license tag, and tag registration are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this chapter, whichever date shall occur first.
(d) Any person violating subsection (a) of this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be subject to a fine of not less than $100.00 nor more than $1,000.00 or imprisonment for not more than 90 days.
33-34-12.2. (a) Any person convicted of a violation of Code Section 33-34-11.1 or 33-3412 shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in para graph (5) of Code Section 40-9-2.
(b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation.
33-34-12.3. (a) The Commissioner of Insurance shall adopt rules and regulations neces sary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter. The commissioner of public safety shall also adopt rules and regulations controlling the issuance of temporary driving permits following the suspension of an operator's license under this chapter; provided, how ever, that no temporary driving permit shall be issued until the person first submits to the Department of Public Safety proof of having prepaid a 180 day minimum motor vehicle insurance policy.
(b) Any rules or regulations proposed pursuant to this Code section shall be submitted to the Insurance Committees of the House of Representatives and the Senate prior to the implementation of such rules or regulations.
33-34-12.4. Any insurer which fails to comply with the provisions of this chapter shall be guilty of a misdemeanor.
33-34-12.5. (a) Where any provision of this chapter requires the Department of Public Safety by certified mail or by ordinary mail to give notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by the depart ment records at the time of mailing shall constitute legal notice to such person.
(b) If the notice is given by certified mail, the department shall maintain a copy of the receipt and such receipt shall be made a part of the individual's record. If the notice is given by regular mail, the individual in the department who gives such notice shall, at the time of mailing, by affidavit certify the name and address to which the notice was sent and such affidavit shall be made a part of the individual's driving record.
(c) In any judicial, quasi-judicial, or administrative proceeding, the receipt or affidavit

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provided for in subsection (b) of this Code section shall be admissible in evidence to show that legal notice was given."
Section 2. Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances when police officers may remove motor vehicles, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under Code Section 33-34-11. Any law enforcement officer shall remove or cause to be removed to the nearest garage or place of safety the vehicle of a person who is involved in an accident and charged under Code Section 33-34-11, provided that such person is also charged at the same time with another motor vehicle violation. Any owner or operator whose vehicle is removed under the provisions of this subsection shall not be allowed to retrieve the vehicle until such person provides proof of having prepaid a 180 day minimum motor vehicle insurance policy to the arresting law enforcement agency."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Greene of the 26th offered the following amendment:

Amend the substitute to SB 390 offered by the Senate Committee on Insurance by adding at the end of line 15 on Page 6,
"and shall be subject to the penalties set forth in 33-34-11.1."

On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Bryant Burton Cobb Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

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Those voting in the negative were Senators:

Allgood

Hudgins

Tate

Brown of 47th

Those not voting were Senators:

Coleman Coverdell

Kennedy (presiding) Langford

McKenzie Timmons

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Greene of the 26th moved that SB 390 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 390 was immedi ately transmitted to the House.

The President resumed the Chair.

Senator Tysinger of the 41st introduced Honorable Mack Mattingly, U.S. Senator from Georgia, who briefly addressed the Senate.

Senator Land of the 16th introduced the doctor of the day, Dr. George Shannon, of Columbus, Georgia.

Senator Broun of the 46th introduced the sixteen young people who, as 4-H Club mem bers, had each won a National 4-H Championship in certain projects at the 1985 National 4H Convention in Chicago, Illinois, and were individually commended by the Senate resolu tions adopted previously.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following resolution of the Senate was read and adopted:

SR 370. By Senators Allgood of the 22nd, Kennedy of the 4th, Kidd of the 25th and others:
A resolution commending the Georgia Recreation and Park Society.

Senator Allgood of the 22nd introduced members of the Georgia Recreation and Park Society and their President, Tommy Boyles, who briefly addressed the Senate.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 278. By Senator Kidd of the 25th: A resolution relative to Plant Vogtle.

The Senate Committee on Public Utilities offered the following substitute to SR 278:

A RESOLUTION Relative to Plant Vogtle; and for other purposes.

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585

WHEREAS, escalating public utility rates may have a severe impact on each person in this state; and
WHEREAS, an issue of paramount concern to Georgia's utility consumers is the ques tion of the impact of Plant Vogtle on future electricity rates; and
WHEREAS, Georgia Power Company currently estimates that this facility will cost ap proximately $8.4 billion by the time it is completed; and
WHEREAS, almost all Georgians will be affected by this plant being included in the rate base because ownership in the plant is held by Georgia Power Company, Oglethorpe Power Corporation, the Municipal Electric Authority of Georgia, and the City of Dalton; and
WHEREAS, the cost of completion of Plant Vogtle should be fairly distributed between consumers and the companies involved and their stockholders, in cases where companies have stockholders, such that costs not prudently incurred should be absorbed hy the compa nies and their stockholders, where applicable; and
WHEREAS, all Georgians will benefit from the predictability resulting from a prompt resolution of the question of how prudently incurred costs will be recovered; and
WHEREAS, the Public Service Commission has commenced a proceeding to consider ways of phasing Vogtle's costs into Georgia Power Company's rate base.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body recom mends that the Public Service Commission conduct or provide for a study of the prudence in the development and construction of Plant Vogtle. If any imprudence in the development and construction of Plant Vogtle is revealed by such study, the Public Service Commission shall take every step to assure that, with respect to any company whose rates are currently regulated by the Public Service Commission, the cost of any such company's imprudence is absorbed by that company and its stockholders and not by the consumers.
BE IT FURTHER RESOLVED that the Public Service Commission be urged to de velop a prompt and rational method for phasing in Georgia Power Company's investment in Plant Vogtle which is found to be prudent.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to Commissioner Bobby Pafford, Chairman of the Public Service Commission.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution hy substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant

Burton Dawkins Deal Dean English Engrain Fincher Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

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McGill McKenzie Peevy Perry Phillips Ray

Reddish Scott of 2nd Scott of 36th Starr Tate

Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Brannon Cobb Coleman

Coverdell Kennedy (presiding)

Stumbaugh Tysinger

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following resolutions of the Senate were read and adopted:

SR 379. By Senator McGill of the 24th:
A resolution commending the Lincoln County High School Red Devils football team and inviting them to appear before this body.

SR 380. By Senator McGill of the 24th:
A resolution commending Larry Campbell and inviting him to appear before this body.

The following general resolutions and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 357. By Senator Kidd of the 25th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution; to provide an effective date.

Senator Kidd of the 25th offered the following amendment:

Amend SR 357 by striking from line 2 of Page 3 the word "month" and inserting in lieu thereof the word "year".

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Brantley Brown of 47th Burton Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis

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587

Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish

Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun of 46th Bryant

Cobb Coleman Coverdell

Kennedy (presiding) Scott of 36th Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and Peevy of the 48th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, so as to de clare the necessity of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commissioner of Insur ance to ensure compliance with the reporting requirements.

The Senate Committee on Insurance offered the following amendment:

Amend SB 384 by striking from line 10 of Page 2 the following: "and".

By striking from line 11 of Page 2 the following: "insurance.", and inserting in its place the following: "insurance; and". By inserting between lines 11 and 12 of Page 2 the following: "(10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6." By inserting on line 21 of Page 2 between "for" and the comma the following: "all loss transactions on accident (occurrence) by year of the accident (occurrence)".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Hine of the 52nd offered the following amendment:

Amend SB 384 by inserting on line 8 of Page 1 between "due;" and "to" the following: "to provide for certain actions against insurers required to file such annual reports;".

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By striking the quotation marks at the end of line 18 of Page 3.
By inserting between lines 18 and 19 of Page 3 the following:
"(f) Any person may bring an action against an insurer required by this Code section to file annual statements as herein prescribed for any of the following purposes:
(1) To require disclosure of the foundation for any of the items contained in said in surer's annual report;
(2) To require that premiums charged have some reasonable connection to the risks of loss of the particular insured; and
(3) To seek a refund of excessive premiums paid which, based on reasonable actuarial projections, show that loss reserves for previous years were unjustified by later actual claims experience.' "

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bond Brannon

Coleman Coverdell Kennedy (presiding)

McKenzie Scott of 36th

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

TUESDAY, FEBRUARY 11, 1986

589

SB 438. By Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel; to provide for matters relative thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Albert Coverdell

McKenzie Reddish

Scott of 36th Trulock

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HR 500. By Representatives Colwell of the 4th, Murphy of the 18th, Connell of the 87th, Burruss of the 20th, Russell of the 64th and others:
A resolution relating to the acceptance of the offer of the lessee, Seaboard Sys tem Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Kidd of the 25th offered the following amendment:

Amend HR 500 by adding in Section 1 on line 11 of Page 3, immediately following the comma and preceding the word "and", the following:
"provided lessee or successor shall guarantee continued service on its lines within the state as of December 31, 1985, for a period of five years from the execution of this lease,".

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Senator Kidd of the 25th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Kidd of the 25th was withdrawn.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins

Deal Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins

Kidd Land Langford McGill McKenzie Peevy Phillips Ray Scott of 2nd Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Voting in the negative were Senators Perry and Reddish.

Those not voting were Senators:

Coverdell English

Kennedy (presiding) Scott of 36th

Starr Walker

On the adoption of the resolution, the yeas were 48, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Deal of the 49th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and Peevy of the 48th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, so as to de clare the necessity of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commissioner of Insur ance to ensure compliance with the reporting requirements.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 384 was immedi ately transmitted to the House.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

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591

At 12:25 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 12, 1986 Twenty-second Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1499. By Representative Adams of the 36th: A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the corporate limits of said city.
HB 1521. By Representative Couch of the 40th: A bill to authorize Fulton County to exercise all redevelopment and other powers under the "Redevelopment Powers Law" as it may be approved and as it may hereafter be amended from time to time.
HB 1559. By Representatives Lane of the 27th, Adams of the 36th, Greer of the 39th, Couch of the 40th, Dean of the 29th and others: A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
HB 1606. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1673. By Representatives Anderson of the 8th and Hasty of the 8th: A bill to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioner.
HB 1677. By Representative Copelan of the 106th: A bill to amend an Act known as the "Greene County Development Authority Act," so as to change the provisions relating to the membership of the authority.

WEDNESDAY, FEBRUARY 12, 1986

593

HB 1680. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits of the City of Valdosta.
HB 1685. By Representatives Childs of the 53rd, Williams of the 54th, Richardson of the 52nd, Williams of the 48th, Aaron of the 56th and others: A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for the appoint ment of additional assistant solicitors of said court.
HB 1690. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Acworth Downtown Devel opment Authority.
HB 1270. By Representatives Wilson of the 20th, Kilgore of the 42nd, Burruss of the 20th, Sizemore of the 136th, Crosby of the 150th and others: 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 that the sale and use of hearing aids shall be exempt from sales and use taxation.
HB 1462. By Representative Triplett of the 128th: A bill to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to expand the powers of the foundation to include research and experimentation and production and manufacture with respect to natural and synthetic fibers and materials.
HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Wil liams of the 6th, Hays of the 1st and others: A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated areas of counties.
HB 1480. By Representative Birdsong of the 104th: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax offi cials, so as to provide for the filling of a vacancy in the office of county tax re ceiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections.
HB 1488. By Representative Bostick of the 138th: A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office.
HB 1507. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th: A bill to amend the Official Code of Georgia Annotated so as to change the title of the Comptroller General to Commissioner of Insurance in various Code sec-

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lions throughout the Official Code of Georgia Annotated; to provide for the elec tion, bond, compensation, powers, duties, employees, and seal of the Commis sioner of Insurance.
HB 1508. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the Comptroller Gen eral contained in Title 47 to Commissioner of Insurance.
HB 1556. By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to the maximum amount of insurance that a farmer's mutual fire insur ance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk.
HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regard ing school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.
HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a mu nicipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality.
HB 1573. By Representatives Dobbs of the 74th, Colwell of the 4th, Hays of the 1st and Cox of the 141st:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the Central Inventory of Personal Property maintained by the Department of Administrative Services, so as to change the applicability of such laws; to change the provisions relating to acquisition costs; to change the provisions relating to including addi tional items in an agency's personal property inventory.
HB 1594. By Representatives Wood of the 9th and Auten of the 156th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain surplus line insurers and certain corporate surety insurers to underwrite or guarantee certain homeowner warranty agreements.
HB 1638. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates in the community, so as to provide that the commissioner of corrections may make deductions from the income of those inmates authorized to work at paid employment for any necessary medical ex penses incurred by the Department of Corrections on behalf of such inmates.

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595

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 330. By Representative Thompson of the 20th:
A resolution designating the Colonel Mancel Newman Bridge.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 109. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future.
SB 152. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of mentally retarded persons, so as to change the provi sions relating to definitions; to change certain cross-references; to change certain provisions relating to the discharge of mentally retarded persons.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1497. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to provide for the collection of additional costs in cases before the Magis trate Court of Henry County as law library fees.
The House has agreed to the Senate amendment to the following bill of the House:
HB 156. By Representatives Edwards of the 112th and Dunn of the 73rd:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic.
The House has appointed a 2nd Committee of Conference on the following bill of the House:
HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confi dential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.
The Speaker has appointed on the part of the House, Representatives Thompson of the 20th, Crosby of the 150th and Johnson of the 72nd.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 540. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to the arbitration of construction contracts, so as to

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extend such provisions to contracts generally; to provide a short title; to provide for applicability; to provide for the submission by agreement to arbitrate; to pro vide for exceptions; to provide for the form and content of agreements to arbitrate. Referred to Committee on Judiciary.
SB 541. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Acworth, as amended, so as to provide for the compensation of the mayor and aldermen; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 542. By Senators Engram of the 34th, Deal of the 49th, Bond of the 39th and others:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for medical treatment, so as to provide for the informed con sent of a patient prior to surgery of the breast; to provide for the form of such consent; to provide for copies; to provide for the time and manner of execution of such consent; to provide that such patients be specifically informed of the availa ble surgical options. Referred to Committee on Judiciary.
SB 543. By Senators Albert of the 23rd, Brantley of the 56th and Stumbaugh of the 55th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of certain campaign contributions or expenditures, so as to change certain definitions; to provide that all reports shall also list the total amount of all individual contributions received or expenditures made of less than $101.00 each; to provide the keeping of certain records. Referred to Committee on Governmental Operations.
SR 382. By Senators Engram of the 34th and Howard of the 42nd:
A resolution urging the Composite State Board of Medical Examiners to exercise more effectively its authority to investigate complaints alleging medical malprac tice and discipline physicians. Referred to Committee on Human Resources.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1270. By Representatives Wilson of the 20th, Kilgore of the 42nd, Burruss of the 20th, Sizemore of the 136th, Crosby of the 150th and others:
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 that the sale and use of hearing aids shall be exempt from sales and use taxation. Referred to Committee on Banking and Finance.
HB 1462. By Representative Triplett of the 128th:
A bill to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to expand the powers of the foundation to include research and experimentation and production and manufacture with respect to natural and synthetic fibers and materials. Referred to Committee on Industry and Labor.

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597

HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Wil liams of the 6th, Hays of the 1st and others:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated areas of counties. Referred to Committee on Natural Resources.
HB 1480. By Representative Birdsong of the 104th:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax offi cials, so as to provide for the filling of a vacancy in the office of county tax re ceiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections. Referred to Committee on Governmental Operations.
HB 1488. By Representative Bostick of the 138th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office. Referred to Committee on Governmental Operations.
HB 1507. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th:
A bill to amend the Official Code of Georgia Annotated so as to change the title of the Comptroller General to Commissioner of Insurance in various Code sec tions throughout the Official Code of Georgia Annotated; to provide for the elec tion, bond, compensation, powers, duties, employees, and seal of the Commis sioner of Insurance. Referred to Committee on Judiciary.
HB 1508. By Representatives Thomas of the 69th, Copelan of the 106th, Porter of the 119th and Lawson of the 9th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the Comptroller Gen eral contained in Title 47 to Commissioner of Insurance. Referred to Committee on Judiciary.
HB 1556. By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to the maximum amount of insurance that a farmer's mutual fire insur ance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk. Referred to Committee on Insurance.
HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regard-

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ing school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.
Referred to Committee on Education.
HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a mu nicipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality.
Referred to Committee on Urban and County Affairs (General).
HB 1573. By Representatives Dobbs of the 74th, Colwell of the 4th, Hays of the 1st and Cox of the 141st:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the Central Inventory of Personal Property maintained by the Department of Administrative Services, so as to change the applicability of such laws; to change the provisions relating to acquisition costs; to change the provisions relating to including addi tional items in an agency's personal property inventory.
Referred to Committee on Governmental Operations.
HB 1594. By Representatives Wood of the 9th and Auten of the 156th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain surplus line insurers and certain corporate surety insurers to underwrite or guarantee certain homeowner warranty agreements.
Referred to Committee on Insurance.
HB 1638. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates in the community, so as to provide that the commissioner of corrections may make deductions from the income of those inmates authorized to work at paid employment for any necessary medical ex penses incurred by the Department of Corrections on behalf of such inmates.
Referred to Committee on Corrections.
HR 330. By Representative Thompson of the 20th:
A resolution designating the Colonel Mancel Newman Bridge.
Referred to Committee on Transportation.
HB 1499. By Representative Adams of the 36th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

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599

HB 1521. By Representative Couch of the 40th: A bill to authorize Fulton County to exercise all redevelopment and other powers under the "Redevelopment Powers Law" as it may be approved and as it may hereafter be amended from time to time.
Referred to Committee on Urban and County Affairs.
HB 1559. By Representatives Lane of the 27th, Adams of the 36th, Greer of the 39th, Couch of the 40th, Dean of the 29th and others: A bill to provide an exemption for the full value of the homestead from Fulton County ad valorem taxes, except ad valorem taxes for bonded indebtedness and for the Fulton County School District, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
Referred to Committee on Urban and County Affairs.
HB 1606. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Henry County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1673. By Representatives Anderson of the 8th and Hasty of the 8th: A bill to amend an Act creating the office of Commissioner of Pickens County, so as to change the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.
HB 1677. By Representative Copelan of the 106th: A bill to amend an Act known as the "Greene County Development Authority Act," so as to change the provisions relating to the membership of the authority.
Referred to Committee on Urban and County Affairs.
HB 1680. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits of the City of Valdosta.
Referred to Committee on Urban and County Affairs.
HB 1685. By Representatives Childs of the 53rd, Williams of the 54th, Richardson of the 52nd, Williams of the 48th, Aaron of the 56th and others: A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for the appoint ment of additional assistant solicitors of said court.
Referred to Committee on Urban and County Affairs.
HB 1690. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Acworth Downtown Devel opment Authority.
Referred to Committee on Urban and County Affairs.

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The following reports of standing committees were read by the Secretary: Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1259. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President:

The Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 474. Do pass. HB 395. Do pass by substitute.

HB 1120. Do pass. HB 1353. Do pass.

HB 509. Do pass by substitute.

HB 1354. Do pass.

HB 775. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 395. Do pass.

HB 1262. Do pass as amended.

SB 468. Do pass.

HB 1263. Do pass.

HB 289. Do pass.

Respectfully submitted, Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1105. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

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601

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 489. Do pass by substitute. Respectfully submitted, Senator Greene of the 26th District, Chairman
Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 397. Do pass by substitute. SB 462. Do pass. HB 748. Do pass by substitute. HB 1162. Do pass as amended.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:

The Committee on Natural Resources has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 846. Do pass. HR 679. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:

The Committee on Public Safety has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 391. Do pass by substitute.

HB 795. Do pass.

SB 392. Do pass by substitute.

HB 1341. Do pass.

SR 365. Do pass.

HB 1365. Do pass.

HB 460. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

602 Mr. President:

JOURNAL OF THE SENATE

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 493. HB 1392. HB 1442. HB 1563. HB 1564.

Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1565. HB 1566. HB 1567. HB 1568.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 300. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, so as to provide that no county or municipality shall grant or renew a franchise license for the operation of a cable television system unless the operator of such system provides repair service of such system to subscribers of the cable television system during all hours of the year.

SB 460. By Senator Deal of the 49th:
A bill to amend Code Section 9-10-14 of the Official Code of Georgia Annotated, relating to forms for use by inmates in actions against government and officials of government, so as to provide that such forms shall be required only if an inmate is not represented by an attorney in the action.

SB 461. By Senator Deal of the 49th:
A bill to amend Code Section 9-14-48 of the Official Code of Georgia Annotated, relating to hearings in habeas corpus cases and determinations of compliance with procedural rules, so as to require the granting of relief in any case in which it is determined that there was insufficient evidence to support the judgment, regardless of prior compliance with procedural rules.

SB 470. By Senator Dawkins of the 45th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to authorize the Commissioner of Labor to waive interest payments where the delay in payment was attributable to the action or inaction of the Department of Labor; to provide an effective date.

SB 471. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-126 of the Official Code of Georgia Annotated, relating to collection of delinquent contribution payments generally under the "Employment Security Law," so as to authorize the Commissioner of Labor to settle and compromise payment disputes; to provide for the establishment of rules and regulations; to provide an effective date.

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603

SB 473. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the "Employment Security Law," so as to provide that, in the discretion of the Commissioner of Labor, the Department of Labor may secure security bonds for employers and defray all or any portion of the costs of such bonds to the covered employers.
SB 483. By Senators Allgood of the 22nd, English of the 21st, Bowen of the 13th and others:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel, so as to provide for additional certification procedures; to provide for restrictive certifications by subarea; to provide criteria and procedures; to provide for hearings; to provide for matters relative to the foregoing.
SB 484. By Senator Bond of the 39th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Morehouse College; to provide for all related matters; to provide an effective date.
SB 490. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of registering voters in the county shall be authorized to perform other duties as may be required.
SR 324. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution creating the Joint Study Committee relative to revenue sharing for the purpose of increased salaries and training for law enforcement officers.
SR 358. By Senators Garner of the 30th, Kennedy of the 4th, Greene of the 26th and others:
A resolution proposing an amendment to the Constitution so as to prohibit a county from exercising the power of eminent domain inside the boundaries of any other county, except with approval of the governing authority of such other county; to prohibit a municipality from exercising the power of eminent domain inside the boundaries of any county if no part of such county is encompassed within the corporate limits of said municipality; to provide for the submission of this amendment for ratification or rejection.
HB 477. By Representative Childs of the 53rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties.
HB 493. By Representatives Shepard of the 71st and Copelan of the 106th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so as to authorize a guardian

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under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property.
HB 1149. By Representative Richardson of the 52nd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property.
HB 1153. By Representative Richardson of the 52nd:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the suspension or revoca tion of certain permits to distribute dangerous drugs and provide for the disposi tion of dangerous drugs following that suspension or revocation.
HB 1212. By Representatives McDonald of the 12th, Colbert of the 23rd, Martin of the 60th, Coleman of the 118th, Hanner of the 131st and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified firefighter who is a member of a fire department which has been certi fied pursuant to Article 2 of Chapter 3 of Title 25.
HB 1215. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
HB 1242. By Representative Triplett of the 128th:
A bill to amend Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, so as to eliminate certain requirements placed on a pilot to give directions for moorings and to dock ships.
HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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 the filling of vacancies in the offices of the judge of probate court in certain counties; to pro vide that in counties where a chief clerk of the probate judge has been appointed, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge.
HB 1295. By Representatives Couch of the 40th and Watson of the 114th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter.

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HB 1317. By Representatives Jackson of the 9th, Thompson of the 20th, Burruss of the 20th, Hasty of the 8th, Wilson of the 20th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to pro vide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods.

HB 1335. By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents submit ted in an application for a certificate of title be sworn to before an officer author ized to administer oaths.

HB 1359. By Representative Lee of the 72nd:
A bill to amend Code Section 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources.

HB 1360. By Representatives Alford of the 57th, Wilson of the 20th, Pettit of the 19th, Royal of the 144th and Heard of the 43rd:
A bill to amend Code Section 40-2-29.2 of the Official Code of Georgia Anno tated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates.

HB 1377. By Representatives Adams of the 36th and Jackson of the 9th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered.

HB 1463. By Representatives Ray of the 98th, Walker of the 115th and Hudson of the 117th:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, so as to change ex haust system requirements.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Coleman Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison

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Hine Holloway Horton HMuudgggminss
Kennedy
Kidd
Land

McGill McKenzie Peevy PPherilrlyips
Ray
Reddish
Scott of 2nd

Those not answering were Senators:

Bond Cobb Coverdell

Dawkins Howard Langford

Starr Timmons Tolleson TirruuiloocrKk Turner Tysinger Walker
Scott of 36th Stumbaugh Tate

Senator McKenzie of the 14th introduced the chaplain of the day, Bishop Judson Childs, of the Episcopal Diocese of Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 384. By Senator Bond of the 39th: A resolution recognizing the Baha'i Faith and its Peace Statement from the Uni versal House of Justice.
SR 385. By Senators Harrison of the 37th, Garner of the 30th, Engram of the 34th and others: A resolution commending the Parent Teachers Association and designating Feb ruary 18, 1986, as PTA Day in Georgia.
SR 386. By Senator Walker of the 43rd: A resolution recognizing and commending Mr. Gregory T. Baranco.
SR 387. By Senator Hudgins of the 15th: A resolution commending the outstanding young women of Georgia who have earned the "Girl Scout Gold Award".
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 12, 1986
TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 493 Bryant, 3rd Reddish, 6th Glynn County Amends Act creating State Court; changes compensation of clerk of said court.

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607

HB 1392 Brown, 47th City of Elberton Elbert County
Amends Act incorporating city in county; changes date of elections to be held for offices of mayor and councilmen.
HB 1442 Burton, 5th Howard, 42nd Tysinger, 41st Walker, 43rd Stumbaugh, 55th DeKalb County
Continues amendment which relates to authority of Board of Education to establish, acquire, construct, maintain, and operate a junior college; provides authority for this.
HB 1563 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment providing for an exemption from ad valorem taxation for educational purposes levied for or in behalf of Board of Education for city in said county.
HB 1564 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment creating General Hospital Authority of West Chatham County.
HB 1565 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment providing that each person who is 65 years of age or older or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by county for county purposes in an amount to be fixed by the Board of Commissioners of county.
HB 1566 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment authorizing county to enact ordinances for policing the county, for levying of occupational licenses taxes, providing for penalties, and authorizing, confirming, and ratifying the establishment of a county re corder court.
HB 1567 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment authorizing General Assembly to grant to the gov-

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prning authorities of county authority to establish civil service boards and a civil service system.

HB 1568 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment authorizing Board of Commissioners of county to pro vide for payment of taxes due upon real and personal property at such times and in such manner as the commissioners may provide.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen BTB, rraannnt.l,oeny Broun of 46th Brown of 47th Bryant
Burton Cobb
Coleman Dawkins

Deal Dean Engram Foster Garner Gillis TGHT raererin se Hine Horton Hudgins
Huggins Kennedy
Kidd Land

Langford McGill McKenzie Peevy phmips j^ TK> ea,d_isn, Scott of 2nd
Starr Stumbaugh
Tate Turner
Tysinger Walker

Those not voting were Senators:

Barnes Coverdell English Fincher

Harrison Holloway Howard Perry

Scott of 36th Timmons Tolleson Trulock

On the passage of all the local bills, the yeas were 44, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Wednesday, February 12, 1986
TWENTY-SECOND LEGISLATIVE DAY
SB 292 Contracts Between Principals in Wholesale Sales and Their Representatives--in writing (SUBSTITUTE) (I&L--45th)
SB 450 Shore Assistance Act of 1979--commissioner of natural resources may issue per mits (Nat R--20th)

WEDNESDAY, FEBRUARY 12, 1986

609

SB 447 Law Enforcement Officer Personal Automobile Insurance--certain accidents not considered in computation (AMENDMENT) (Ins--8th)
SB 378 Marital Deduction Trust--qualification under additional Internal Revenue Ser vice Section (AMENDMENT) (J&CL--33rd)
SB 222 Juvenile Probation Officers--state subsidies for funding, counties over 100,000 (SUBSTITUTE) (AMENDMENTS) (C&Y--40th)
SB 335 County Boards of Education--removal of member for certain causes (SUBSTI TUTE) (Ed--2nd)
SB 396 Bad Checks--provide for treble damages as civil remedy (B&F--1st)
HR 363 General Obligation Debt--to finance water, sewage facilities systems (Nat R--20th)
HB 1142 Environmental Facilities Authority--create (Nat R--20th) HB 1364 Financing Statement in Secured Transactions--maturity date (B&F--15th)
HB 1338 Election Code--amend (SUBSTITUTE) (Gov Op--25th)
HB 1323 Officer Protecting Railroad Property--no requirement of 6 months employment (Pub U--30th)
HB 391 Employees and Teachers Retirement--define employee and teacher (Ret--llth)
HB 787 Congressional, Legislative, District Maps--Secretary of State may print, dis tribute (Gov Op--25th)
HR 566 Effingham County--State grant easement for intake, outfall facility (Pub U--4th)
SB 441 Driving Under the Influence--present information to young people on conse quences (SUBSTITUTE) (C Aff--55th)
HB 1258 Wesleyan College--special license plate to commemorate sesquicentennial (Gov Op--27th)
HR 519 Hawkinsville--conveyance of certain state owned property (Pub U--19th)
HB 1314 Claims Advisory Board--commissioner of corrections serve (Gov Op--25th)
HB 612 Employees Retirement--transfers from employment by juvenile detention facil ity (Ret--41st)
HB 828 Sheriffs Retirement Fund--clarify provisions on death benefits (Ret--llth)
HB 1236 Board of Landscape Architects--continue and change termination date (Gov Op--25th)
HB 1424 Dumping Certain Waste into Public Sewers--written permission (Nat R--7th)
HB 251 Teachers Retirement--change average compensation computation (Ret--llth)
HR 586 Lowndes County--conveyance of certain state owned property (Pub U--8th) SB 327 Anatomical Gifts--certain persons consent at time of death (AMENDMENT)
(Hum R--9th)
HB 422 Probation System Employee--contributions to local retirement system (Ret--llth)
HR 580 Railroad Between Pearson and Sylvester--protesting proposed abandonment (Pub U--13th)
SB 465 Community Work Experience Programs--change certain provisions (Hum R--42nd)
SB 476 Foreclosure Sale--written notice to certain tenant at will (J&CL--48th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

610

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on February 3 and postponed until February 10, was put upon its passage:
SB 292. By Senator Dawkins of the 45th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain con tracts between principals engaged in wholesale sales and their sales representa tives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives and obtain signed receipts for such copies.
Senator Dawkins of the 45th offered the following substitute to SB 292:
A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain con tracts between certain principals engaged in wholesale sales and their sales representatives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives; to provide that principals who fail to comply with such requirements shall upon the termination of a contract with a sales representative be required to make payments of amounts due within a certain period of time; to provide that failure to make such timely payment shall create liability for certain exemplary damages and attorney's fees; to provide for attorney's fees to be awarded against persons bringing frivolous actions; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 24 to read as follows:
"ARTICLE 24
10-1-700. As used in this article, the term:
(1) 'Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does not have a permanent or fixed place of business in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative in whole or in part by commission.
(3) 'Sales representative' means a person who contracts with a principal to solicit whole sale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his own account for resale.
10-1-701. (a) When a principal contracts with a sales representative to solicit wholesale orders within this state, the contract shall be in writing and shall set forth the method by which the sales representative's commission is to be computed and paid.
(b) A principal shall provide the sales representative with a copy of any contract re quired by subsection (a) of this Code section to be in writing.
(c) Failure to comply with the requirements of subsections (a) and (b) of this Code section shall not invalidate a contract; but a principal who fails to comply with subsections (a) and (b) of this Code section shall, notwithstanding any contrary provisions of the con tract between the parties, be subject to the provisions of Code Section 10-1-702.
10-1-702. (a) When a contract between a principal and a sales representative is termi nated and the principal in entering into such contract failed to comply with the provisions

WEDNESDAY, FEBRUARY 12, 1986

611

of subsection (a) or (b) of Code Section 10-1-701, the principal shall within 14 days after the termination of the contract pay all commissions due to the sales representative.
(b) A principal who fails to make timely payment of commissions as required by subsec tion (a) of this Code section shall be liable to the sales representative in a civil action for:
(1) All amounts due to the sales representative according to the terms of the contract;
(2) Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and
(3) Reasonable attorney's fees actually and reasonably incurred by the sales representa tive in the action.
(c) A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney's fees actually and rea sonably incurred by the defendant in defending against such action.
10-1-703. The provisions of this article may not be waived; and, in applying the provi sions of this article, the courts of this state shall not recognize any purported waiver of the provisions of this article, whether by expressed waiver or by attempt to make a contract or agreement subject to the laws of another state.
10-1-704. A principal who is not a resident of this state and who enters into a contract subject to this article is declared to be doing business in this state for purposes of the exer cise of personal jurisdiction over nonresidents under Code Section 9-10-91."
Section 2. This Act shall become effective July 1, 1986, and shall apply to contracts entered into on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond
Broun off Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Foster
Garner Gillis G,,reen. e "aTM Holloway Horton Hudgins Huggins Kennedy Kidd

Langford McGill Peevy Perry
Phillips Ray Rc eddish fcott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Barnes

Bowen

Coverdell

612

JOURNAL OF THE SENATE

Fincher Harrison Howard

Land McKenzie Scott of 36th

Timmons Tolleson Trulock

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 450. By Senators Gillis of the 20th and McGill of the 24th:
A bill to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide that the commissioner of natural resources may issue permits under the "Shore Assistance Act of 1979" and the "Coastal Marshlands Protection Act of 1970"; to provide for public notice and opportunity for public hearing on draft permits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean Engram Foster Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Coverdell English Fincher

Garner Harrison Howard

Scott of 36th Tolleson Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 447. By Senators Turner of the 8th, McKenzie of the 14th, Stumbaugh of the 55th and Kennedy of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related

WEDNESDAY, FEBRUARY 12, 1986

613

organizations, so as to provide that insurers shall not consider certain accidents in the computation of rate or premium charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law en forcement officer.
Senators Deal of the 49th and Turner of the 8th offered the following amendment:
Amend SB 447 by striking from lines 16 and 17 of Page 1 the following:
"consider in the computation of",
and inserting in lieu thereof the following:
"surcharge the".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
Senators Greene of the 26th, Stumbaugh of the 55th and Turner of the 8th offered the following substitute to SB 447:
A BILL
To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not surcharge the premium or rate charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehi cles of a law enforcement officer under certain circumstances; to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multivehicle accident when such person was not at fault in such accident; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, is amended by adding at the end thereof two new Code sections, to be designated Code Sec tion 33-9-39 and 33-9-40, respectively, to read as follows:
"33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance, which provides coverage for the personal motor vehicles of any law en forcement officer in this state, any accident:
(1) Which occurred while the law enforcement officer was lawfully engaged in the per formance of official duties;
(2) Which occurred while the law enforcement officer was driving an official vehicle of the law enforcement agency; and
(3) For which the law enforcement officer furnishes proof, in the form of copies of the law enforcement agency's documents, to the insurer of the conditions provided in paragraphs (1) and (2) of this Code section.
33-9-40. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multivehicle accident when such person was not at fault in such accident."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

614

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Fincher Howard

Scott of 36th

Tolleson

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 378. By Senator Barnes of the 33rd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to standards for investments by trustees and executors, so as to provide for the right of beneficiaries of marital deduction trusts described in Internal Revenue Code Section 2056(b) (7) to direct the conversion of trust property into productive or income-producing property; to provide for other matters related thereto.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:
Amend SB 378 by striking line 5 of Page 1 and inserting in lieu thereof the following: "the Internal Revenue Code of 1954 to direct the". By striking lines 19 and 20 of Page 1 and inserting in lieu thereof the following: "the federal estate or gift tax marital deduction under the Internal Revenue".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 12, 1986

615

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway
Hudgins Huggins Kennedy Kidd Land

Those not voting were Senators:

Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Starr Tate Timmons Trulock Turner Tysinger Walker

Albert Brannon Garner

Horton Howard Phillips

Scott of 36th Stumbaugh Tolleson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time on February 7 and postponed until February 10, was put upon its passage:

SB 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist in the funding of juvenile intake workers and juvenile probation officers in counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

616

JOURNAL OF THE SENATE

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Paul Coverdell

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and
Budget

DATE:

February 11, 1986

SUBJECT: Fiscal Note--Senate Bill 222 (LC 7 5913) County Juvenile Justice Workers' Subsidies

This Bill would establish a Task Force on Juvenile Justice Equalization consisting of representatives of the Department of Human Resources and the juvenile justice system. The task force would establish a formula to allocate state money intended to subsidize the funding of juvenile intake workers and juvenile probation officers. Only counties having a population of 450,000, par ticipating in the statewide juvenile court information system, and paying sal aries of juvenile intake officers or juvenile probation officers would partici pate in the subsidies.

The task force must certify this allocation formula to the Governor no later than September 1, 1985. The task force would be abolished after this date. Task force members would receive no compensation for their services. Funds appropriated for these subsidies would be distributed by the Depart ment of Human Resources.

The cost of this Bill would depend upon the amount of funds appropri ated by the General Assembly for the subsidies. According to the Department of Human Resources, there would be an administrative expense involved with the distribution of funds if they are appropriated. While the amount cannot be accurately estimated, it is not expected to be significant.

A technical point should be noted. The date of September 1, 1985 con tained in the Bill has passed and the usage of the current year would not affect this fiscal note.

/s/ G. W. Hogan State Auditor

C. T. Stevens Director Office of Planning and Budget

The Senate Committee on Children and Youth offered the following amendment: Amend SB 222 by striking from line 6 on Page 1 the following: "450,000", and inserting in lieu thereof the following: "100,000". By striking from line 24 on Page 1 the following: "450,000",

WEDNESDAY, FEBRUARY 12, 1986

617

and inserting in lieu thereof the following: "100,000". By striking from line 26 on Page 2 the following: "September 1, 1985",
and inserting in lieu thereof the following: "October 1, 1987".

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Paul Coverdell

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and
Budget

DATE:

February 11, 1986

SUBJECT: Fiscal Note--Senate Bill 222 (LC 7 5913) Amendment (AM 10 0067) County Juvenile Justice Workers' Subsidies

This Bill would establish a Task Force on Juvenile Justice Equalization consisting of representatives of the Department of Human Resources and the juvenile justice system. The task force would establish a formula to allocate state money intended to subsidize the funding of juvenile intake workers and juvenile probation officers. Only counties having a population of 100,000, par ticipating in the statewide juvenile court information system, and paying sal aries of juvenile intake officers or juvenile probation officers would partici pate in the subsidies.

The task force must certify this allocation formula to the Governor no later than October 1, 1987. The task force would be abolished after this date. Task force members would receive no compensation for their services. Funds appropriated for these subsidies would be distributed by the Department of Human Resources.

The cost of this Bill would depend upon the amount of funds appropri ated by the General Assembly for the subsidies. According to the Department of Human Resources, there would be an administrative expense involved with the distribution of funds if they are appropriated. While the amount cannot be accurately estimated, it is not expected to be significant.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens Director Office of Planning and Budget

618

JOURNAL OF THE SENATE

Senators Greene of the 26th, Baldwin of the 29th and Bond of the 39th offered the following amendment:
Amend SB 222 by striking on Page 2, line 32, the following:
"to the Department of Human Resources".
By striking on Page 2, line 34, the following:
"by the Department of Human Resources".
Senator Bond of the 39th offered the following substitute to SB 222:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to authorize a program of state subsidies to assist in the funding of juvenile intake workers and juvenile probation officers in certain counties of this state providing probation services, protection supervision, and other court support services for juveniles; to establish a task force to deter mine a formula for the distribution of funds appropriated for such subsidies; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding a new Code Section 49-5-8.1 to read as follows:
"49-5-8.1. (a) As used in this Code section, the word 'county' means a county of this state which provides probation services, protective supervision, and other court support ser vices for juveniles described in subparagraph (a)(3)(D) of Code Section 49-5-8 and pays at least 75 percent of the cost of such services from county funds, except to the extent that such percentage paid from county funds is reduced by the subsidy provided for by this Code section.
(b) For purposes of promoting efficiency and economy in the delivery of court support services for juveniles and of equalizing a portion of the burden of such services on local taxpayers, there is authorized as provided in this Code section a program of state subsidies to assist in the funding of juvenile intake workers and juvenile probation officers in counties of this state described in subsection (a) of this Code section.
(c) Allocation of funds appropriated for subsidies under this Code section shall be made according to a formula established by the Task Force on Juvenile Justice Equalization which shall consist of: the director of the Division of Youth Services of the Department of Human Resources or said officer's designee; the president of the Council of Juvenile Court Judges or said president's designee; two juvenile justice professionals employed by counties which are subject to the provisions of this Code section who shall be appointed by the Gov ernor; and a representative from the Governor's Advisory Council on Juvenile Justice and Delinquency Prevention to be appointed by the Governor. The task force shall establish a formula for distribution of the subsidies authorized by this Code section to the counties subject to this Code section. The task force shall certify this formula to the Governor not later than October 1, 1987, at which time the task force shall stand abolished. The members of the task force shall receive no compensation for their service thereon.
(d) In any fiscal year in which the General Assembly, by specific reference to the pro gram of subsidies established by this Code section, appropriates funds to the Department of Human Resources for the purposes of this Code section, such funds shall be distributed by the Department of Human Resources according to the formula established under subsection (c) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 12, 1986

619

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Senator Julian Bond

Children and Youth Committee

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and
Budget

DATE:

February 7, 1986

SUBJECT: Fiscal Note--Senate Bill 222 Substitute (LC 7 631 IS) County Juvenile Justice Workers Subsidies

This Bill would establish a Task Force on Juvenile Justice Equalization consisting of representatives of the Department of Human Resources and the juvenile justice system. The task force would establish a formula to allocate state money intended to subsidize the funding of juvenile intake workers and juvenile probation officers in counties paying at least 75% of the cost of these services from county funds.

The task force must certify this allocation formula to the Governor no later than October 1, 1987. The task force would be abolished after this date. Task force members would receive no compensation for their services. Funds appropriated for these subsidies would be distributed by the Department of Human Resources.

The cost of this Bill would depend upon the amount of funds appropri ated by the General Assembly for the subsidies. According to the Department of Human Resources, there would be no significant administrative expense involved with the distribution of funds if they are appropriated.

1st G. W. Hogan State Auditor

Is,/ C. T. Stevens, Director Office of Planning and Budget

Senator Hudgins of the 15th moved that SB 222 be committed to the Senate Commit tee on Human Resources.

Senator Bond of the 39th moved the previous question.

On the motion offered by Senator Bond of the 39th, which takes precedence, the yeas were 25, nays 16; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by the Senate Committee on Children and Youth, the yeas were 27, nays 12, and the amendment was adopted.

On the adoption of the amendment offered by Senators Greene of the 26th, Baldwin of the 29th and Bond of the 39th, the yeas were 32, nays 4, and the amendment was adopted.

On the adoption of the substitute to SB 222 offered by Senator Bond of the 39th, the yeas were 26, nays 12, and the substitute was adopted.

Senator Greene of the 26th moved that the Senate reconsider its action in adopting the substitute to SB 222 offered by Senator Bond of the 39th.

620

JOURNAL OF THE SENATE

On the motion, the yeas were 41, nays 0; the motion prevailed, and the substitute to SB 222 offered by Senator Bond of the 39th was reconsidered.

Senators Greene of the 26th, Baldwin of the 29th and Bond of the 39th offered the following amendment:

Amend the substitute to SB 222 offered by Senator Bond of the 39th by striking on Page 2, line 32, the following:
"to the Department of Human Resources", and
By striking on Page 2, line 34, the following: "by the Department of Human Resources".

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Richard L. Greene

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and
Budget

DATE:

February 11, 1986

SUBJECT: Fiscal Note--Amendment (AM 7 0025) to Senate Bill 222 Substitute (LC 7 631 IS) County Juvenile Justice Workers Subsidies

This Bill would establish a Task Force on Juvenile Justice Equalization consisting of representatives of the Department of Human Resources and the juvenile justice system. The task force would establish a formula to allocate state money intended to subsidize the funding of juvenile intake workers and juvenile probation officers in counties paying at least 75% of the cost of these services from county funds.

The task force must certify this allocation formula to the Governor no later than October 1, 1987. The task force would be abolished after this date. Task force members would receive no compensation for their services. Funds would be distributed only if appropriated for this purpose.

The cost of this Bill would depend upon the amount of funds appropri ated by the General Assembly for the subsidies. An administrative expense would be involved for the department responsible for distributing the funds. This cost cannot be estimated but is not expected to be significant.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

On the adoption of the amendment offered by Senators Greene of the 26th, Baldwin of the 29th and Bond of the 39th, the yeas were 33, nays 6, and the amendment was adopted.

WEDNESDAY, FEBRUARY 12, 1986

621

On the adoption of the substitute to SB 222 offered by Senator Bond of the 39th, the yeas were 31, nays 11, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Brannon Brantley Burton Coverdell

Engram Foster Garner Gillis Harrison Hine Horton Land

LangforH Phillips Reddish Stumbaugh Tate Trulock Tysinger Walker

Those voting in the negative were Senators:

Allgood Baldwin Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal

Dean English Fincher Greene Harris Holloway Hudgins Huggins Kennedy Kidd

McGill McKenzie Peevy Perry Ray Scott of 2nd Starr Timmons Turner

Those not voting were Senators:

Howard

Scott of 36th

Tolleson

On the passage of the bill, the yeas were 24, nays 29.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Bond of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 222.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 335. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the removal from office of members of county boards of education for certain causes; to pro vide that a member's position on a county board of education shall become va cant if the member fails to attend a certain number of consecutive regularly scheduled meetings of the county board of education.

622

JOURNAL OF THE SENATE

The Senate Committee on Education offered the following substitute to SB 335:

A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the removal from office of members of county boards of education for certain causes; to provide that a member's position on a county board of education shall become vacant if the member is finally convicted of a felony; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by inserting immediately following Code Section 20-2-53 a new Code Section 20-2-53.1 to read as follows:
"20-2-53.1. (a) Upon the petition of two-thirds of the members of the grand jury of a county, the judge of the superior court of the county may remove a member of the county board of education from office for malfeasance or corruption in office, but the member of the board of education must be given the opportunity to answer the charges against the member prior to such removal.
(b) If a member of a county board of education is finally convicted of any felony under the laws of this state, any other state, or the United States, the member's position on the board shall thereby become vacant.
(c) A vacancy created on a county board of education by operation of the provisions of subsection (a) or (b) of this Code section shall be filled pursuant to the provisions of local law applicable to such county board of education or pursuant to the provisions of Code Section 20-2-54.1 in the absence of a local law providing a method for filling vacancies on such county board of education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Starr Stumbaugh Tate

WEDNESDAY, FEBRUARY 12, 1986

623

Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Brannon Holloway

Howard Phillips

Scott of 36th Tolleson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator English of the 21st introduced the doctor of the day, Dr. Wilder Smith, of Swainsboro, Georgia.

The following general bill of the Senate, having been read the third time on February 10 and lost, and reconsidered on February 22, was put upon its passage:

SB 396. By Senators Coleman of the 1st, Kennedy of the 4th and Holloway of the 12th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

Senators Langford of the 35th and Engram of the 34th offered the following amendment:

Amend SB 396 by striking from line 3 of Page 1 the word "treble" and inserting in lieu thereof the following:

"certain".
By striking from line 27 of Page 1 the word "treble" and inserting in lieu thereof the following:
"one and one-half times".
By striking from line 26 of Page 2 the word "three" and inserting in lieu thereof the following:
"one and one-half.

On the adoption of the amendment, the yeas were 23, nays 27, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Brantley Broun of 46th Brown of 47th

Bryant Burton Cobb Coleman Coverdell Dean English

Fincher Foster Gillis Harris Holloway Horton Hudgins

624

JOURNAL OF THE SENATE

Huggins Kennedy Land McGill McKenzie

Perry Phillips Ray Reddish Scott of 2nd

Starr Stumbaugh Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Bond Dawkins Deal

Engram Garner Greene Hine Langford

Peevy Tate Trulock Tysinger

Those not voting were Senators:

Brannon Harrison

Howard Kidd

Scott of 36th Tolleson

On the passage of the bill, the yeas were 36, nays 14.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd introduced Honorable Buddy Darden, U. S. Representative from the 7th Congressional District, who briefly addressed the Senate.

The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 363. By Representatives Walker of the 115th and Phillips of the 120th: Senate Sponsor: Senator Gillis of the 20th.

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, politi cal subdivisions, local authorities, and other local governmental entities for water or sewer age facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to, administered or invested by, and the proceeds and investment earnings applied and disbursed by the unit of state govern ment or state authority made responsible by law for such activities; to provide that a mutual undertaking by a local governmental entity to borrow and the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems when author ized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a); to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by redesignating current subparagraph (e) as subparagraph (f) and by inserting a new subparagraph (e) to read as follows:
"(e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sew erage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for

WEDNESDAY, FEBRUARY 12, 1986

625

these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960."
Section 2. Article VII, Section IV, Paragraph VII of the Constitution is amended by designating the current language of said Paragraph as subparagraph (a) and by adding im mediately following such newly designated subparagraph a new subparagraph to read as follows:
"(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obliga tion debt issued for making loans to local government entities for water or sewerage facili ties or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority."
Section 3. Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution is amended by adding thereto the following:
"By way of specific instance and not limitation, a mutual undertaking by a local govern ment entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Paragraph."
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 written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that general obligation debt may be incurred by the state to make loans to local governmental entities for water and sewerage facilities and systems and to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not ex ceeding 50 years for loan agreements for such purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th

Burton Cobb Coverdell Dawkins Dean English Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Huggins

626

JOURNAL OF THE SENATE

Kennedy Land LMacnGgiflol rd
McKenzie Peevy

Perry Phillips RRaeyddish
Stumbaugh Tate

Timmons Trulock ,,lurner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Bryant Coleman

Deal Howard Hudgins Kidd

Scott of 2nd Scott of 36th Starr Tolleson

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1142. By Representatives Phillips of the 120th and Walker of the 115th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local govern ments in meeting their environmental facility needs.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bnd ,
RBrown%of 4A7Mth Bryant Burton Cobb Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis
greene
uHaamrnSson Hine Holloway Horton Huggins Kennedy Land Langford McGill

McKenzie Peevy Perry Phillips j^ay
Reddish
SQcott of 2nd ^arr . Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun of 46th

Deal Howard Hudgins

Kidd Scott of 36th Tolleson

WEDNESDAY, FEBRUARY 12, 1986

627

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1364. By Representatives Walker of the 85th, Padgett of the 86th, Walker of the 115th, Randall of the 101st, Pinkston of the 100th and others:
A bill to amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed
to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bond Bowen Brantley Brown of 47th
Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Gillis Greene Harris Harrison Hine Holloway Horton Muggins Kennedy Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Broun of 46th Fincher Garner

Howard Hudgins Kidd

Scott of 36th Tolleson Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1323. By Representative Kilgore of the 42nd:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the com pany making application for six months prior to the time of application.
Senate Sponsor: Senator Garner of the 30th.

628

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brannon Harrison

Horton Howard Land

Reddish Scott of 36th Tolleson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

HB 391. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia.
Senate Sponsor: Senator Timmons of the llth.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 27, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

WEDNESDAY, FEBRUARY 12, 1986

629

Dear Mr. Hogan:

Re: House Bill 391S (LC 7 6082S)

As requested we have made an actuarial investigation of the impact of House Bill 391S (LC 7 6082S) on the Employees' Retirement System and the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This bill would allow certain State Board or Department of Education personnel to transfer from ERS to TRS. Although the fiscal impacts to the Systems involved are likely to be largely offsetting, there will probably be an overall increase in cost to the State since the members involved may be expected to act in their own best interests and choose the System which provides the greater advantage.

While we do not know how many members would be affected by this proposal, we would not expect any increase in unfunded actuarial accrued liabilities to be material to the funding of the Systems.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions to TRS before and after the proposed amendment. The recom mended employer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. The accrued liability rates shown are a composite of the separate rates used for State-paid and locally-paid compensation.

Unfunded Actuarial Accrued Liability Annual Contribution
Normal Accrued Liability
Total

Before Amendment

After Amendment

Increase

$ 2,534,530

$ 2,534,530 (est)

negligible

Annual Amount

Annual

Annual

Amount % Amount

6.09% $ 140,070 6.09% $ 140,070 0% $ 0

6.82

156,860 6.82

156,860 0 negligible

12.91% $ 296,930 12.91% $ 296,930 0% negligible

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1984 actuarial valuation of the System, together with an estimated payroll of $2,300,000,000.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions to ERS before and after the proposed amendment. The recom mended employer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

630

JOURNAL OF THE SENATE

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 1,111,252

$ 1,111,252 (est)

negligible

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount % Amount

Normal Accrued Liability

6.51% $ 65,100 6.51% $ 65,100 0% $ 0

5.24

52,400 5.24

52,400 0 negligible

Total

11.75% $ 117,500 11.75% $ 117,500 0% negligible

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1984 actuarial valuation of the System, together with an estimated payroll of $1,000,000,000.

Sincerely yours,

/s/ Donald M. Overholser Consulting Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Huggins Kidd

Langford McGill Peevy Perry Phillips Ray Reddish Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Garner Harrison Howard

Hudgins Kennedy (presiding) Land McKenzie

Scott of 2nd Scott of 36th Tolleson

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 12, 1986

631

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 182. By Representative Walker of the 85th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Augusta Judicial Circuit.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Robinson of the 96th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 787. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Deal Dean English Engram Fincher Foster Gillis Greene Harris Hine Holloway

Horton Huggins Kidd Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

632

JOURNAL OF THE SENATE

Stumbaugh Tate Timmons

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Garner Harrison

Howard Hudgins Kennedy (presiding)

Land Scott of 36th Tolleson

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HR 566. By Representatives Chance of the 129th and Triplett of the 128th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of intake/outfall facility.
Senate Sponsor: Senator Kennedy of the 4th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

Barker

Barnes

Bowen

u

Broun of 46th

BBrroywannt of 47th

Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gilhs Greene HHianreris
Holloway Horton Huggins Kennedy Kidd Langford

McGill McKenzie Perry pay Reddish Scott of 2nd g. S,,.tumb, augh,
Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley Garner

Harrison Howard Hudgins Land

Peevy Phillips Scott of 36th Tolleson

On the adoption of the resolution, the yeas were 44, nays 0.

WEDNESDAY, FEBRUARY 12, 1986

633

The resolution, having received the requisite constitutional majority, was adopted.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
SB 441. By Senators Stumbaugh of the 55th and Foster of the 50th:
A bill to amend Code Sections 20-2-142 and 20-2-285.1 of the Official Code of Georgia Annotated, so as to provide that information shall be presented to young people relating to the consequences that may result while driving under the influ ence; to change certain internal cross-references; to provide for other matters rel ative thereto.
The Senate Committee on Consumer Affairs offered the following substitute to SB 441:
A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, and Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to change and correct certain internal cross-references; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-22, relating to certain requirements for issuance of a driver's license, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall not issue any driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-524, issue an instruction permit permitting the operation of a Class 1 vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certifi cate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his immediate possession a valid license issued to him in another state or country shall not be required to take or complete the alcohol and drug course."
Section 2. Said chapter is further amended by striking Code Section 40-5-83.1, relating to special licenses for certain driver improvement clinic instructors, and inserting in lieu thereof a new Code Section 40-5-83.1 to read as follows:
"40-5-83.1. The commissioner shall be authorized to issue a special license to the in structor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00."
Section 3. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended by striking Code Section 43-13-6.1, relating to special licenses for driver training school instructors, and inserting in lieu thereof a new Code Sec tion 43-13-6.1 to read as follows:
"43-13-6.1. The commissioner shall be authorized to issue a special license to the in structor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00."
Section 4. This Act shall become effective on July 1, 1986.

634

JOURNAL OF THE SENATE

Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd

Those not voting were Senators:

Land McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Walker

Baldwin Brannon Garner Howard

Kennedy (presiding) Langford Peevy

Scott of 36th Trulock Tysinger

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1258. By Representatives Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the sesquicentennial of the founding of Wesleyan College.
Senate Sponsor: Senator Harris of the 27th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 12, 1986

635

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brroau"n o\f 4^6uth BBrroywannt of 47th
Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene
SHaa"rn-sSon MHoinlleoway
Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Rav Reddish
Sotcott f 2nd 0S*tuTMmbaughu
ate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon

Fincher Howard

Kennedy (presiding) Scott of 36th

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 519. By Representative Hudson of the 117th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton
Cobb
Coleman
Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine
Holloway
Horton
Hudgins Huggins

Kidd Land Langford McGill McKenzie PPPW TM
"*
Rav Reddish Scott of 2nd Starr Stumbaugh Tate

636

JOURNAL OF THE SENATE

Timmons Tolleson

Trulock Turner

Those not voting were Senators:

Tysinger

Bowen Brannon Coverdell

Howard Kennedy (presiding)

Scott of 36th Walker

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 1314. By Representative Steinberg of the 46th: A bill to amend Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, so as to provide that the com missioner of corrections serve on the board; to provide for a quorum necessary to transact official business.
Senate Sponsor: Senator Kidd of the 25th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Horton Hudgins Huggins Kidd Land Langford

Those not voting were Senators:

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bowen Brannon Hine

Holloway Howard Kennedy (presiding)

McKenzie Scott of 36th

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 12, 1986

637

The following bill of the House was read the first time and referred to committee:

HB 182. By Representative Walker of the 85th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Augusta Judicial Circuit.
Referred to Committee on Judiciary.

The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 612. By Representative Steinberg of the 46th:
A bill to amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, so as to provide for transfers under stated conditions for a particular time period.
Senate Sponsor: Senator Tysinger of the 41st.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 612 (LC 17 0475)
As requested, we have made an actuarial investigation of the impact of House Bill 612 (LC 17 0475) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This bill would allow certain juvenile detention facility employees who become ERS members during a certain period to receive ERS credit for prior service. We consider this bill to be nonfiscal.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bond

Brantley Broun of 46th Brown of 47th

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JOURNAL OF THE SENATE

Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis

Greene
Harris Harrison Horton Hudgins Huggins Kidd Land Langford McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons
Tolleson Trulock Turner
Tysinger Walker

Those not voting were Senators:

Bowen Brannon Garner

Hine Holloway Howard

Kennedy (presiding) Scott of 36th

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 828. By Representative Johnson of the 72nd:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provi sions regarding death benefits.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

TO:
FROM: DATE: SUBJECT:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334
STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson, Chairman House Retirement Committee
W. M. Nixon, State Auditor
June 26, 1985
House Bill 828 (LC 9 4182) Sheriffs' Retirement Fund
This Bill would stipulate that $3,000 shall be paid as additional death benefits to the member's surviving spouse, beneficiary, or estate upon the death of an inactive member who would otherwise qualify to be carried on the active membership rolls but for the fact he no longer holds the office of sheriff, or is receiving retirement benefits, or is qualified to receive retirement benefits except he has not reached 55 years of age. Current law states all the above except it does not specifically state payment would be made upon the member's death.
The Bill would also require that an active member's surviving spouse receive benefits in the form of an annuity based upon the member's credita-

WEDNESDAY, FEBRUARY 12, 1986

639

ble service, along with an added $5,000 benefit, in lieu of being paid an amount equal to the amount paid by the member into the fund as dues. Cur rent law allows a surviving spouse to receive the annuity, the $5,000 addi tional death benefit, and an amount equal to the dues the member paid into the fund.
This is to certify that this is a non-fiscal retirement bill to the Sheriffs' Retirement Fund.
1*1 W. M. Nixon State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Bnroun %of 4,,6_th BDrownt of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis
GHreen; e uHarrison Holloway Horton Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray
RSceodtdtisohf 2nd cSutarr Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Bowen Brannon Hine

Howard Kennedy (presiding)

Scott of 36th Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1236. By Representatives Watson of the 114th, Byrd of the 153rd, Hooks of the 116th, Couch of the 40th and Kilgore of the 42nd:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Albert Bowen Brannon

Hine Howard

Kennedy (presiding) Scott of 36th

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1424. By Representatives Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd:
A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission.
Senate Sponsor: Senator Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley
Broun of 46th

Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal
Dean

English Engram Fincher Foster Garner Greene Harris
Harrison

WEDNESDAY, FEBRUARY 12, 1986

641

Holloway Horton Hudgins Huggins Kidd Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Brannon Cobb

Gillis Mine Howard

Kennedy (presiding) Scott of 36th Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 251. By Representatives Johnson of the 72nd, Steinberg of the 46th, Clark of the 13th and Lawler of the 20th:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average compensation.
Senate Sponsor: Senator Timmons of the llth.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 251 (LC 7 5905)
As requested, we have made an actuarial investigation of the impact of House Bill 251 (LC 7 5905) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would change the provisions relative to the computation of average compensa tion for TRS members to allow for any decreases in compensation during the computation period. We would expect that this proposal would provide a slight savings to the State. We consider this Bill to be non-fiscal.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bond
u<- AKI. Broun of 46th Brown of 47th BBuryrtaonnt Cobb Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis
Harris Harnson HHoolrltoownay Hudgins Huggins Kidd Land Langford

McGill McKenzie Perry Phillips
Reddish Scott of 2nd
Stumb, augh, Timmons Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Deal

Peevy

Tate

Those not voting were Senators:

Baldwin Bowen Brannon

Coleman Hine Howard

Kennedy (presiding) Scott of 36th Walker

On the passage of the bill, the yeas were 44, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HR 586. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Lowndes County, Georgia, to the Lowndes County Board of Commissioners.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Bryant

Burton Cobb Coverdell Deal English Engram Fincher Foster Garner

Gillis Greene Harris Harrison Holloway Horton Hudgins Huggins Kidd

WEDNESDAY, FEBRUARY 12, 1986

643

Land Langford
TMMCc8KleUnzi.e Peevy Perry

Phillips Ray
Reddish Scott of 2nd Starr

Stumbaugh Tate
Tolleson Turner Tysinger

Those not voting were Senators:

Bowen Brannon Brown of 47th Coleman Dawkins

Dean Hine
Howard Kennedy (presiding)

Scott of 36th Timmons
Trulock Walker

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 327. By Senator Phillips of the 9th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospital administrator shall at the time of death of such patient, request that certain persons consent to such gift; to provide for procedures.

The Senate Committee on Human Resources offered the following amendment: Amend SB 327 by adding on line 14 of Page 1 after the following: "donees;", the following: "to provide an effective date;". By striking from lines 9, 17, and 21 of Page 3 the following: "commissioner of human resources", and inserting in its place the following: "State Health Planning Agency". By adding between lines 29 and 30 of Page 3 the following: "Section 3. This Act shall become effective July 1, 1987." By striking from line 30 of Page 3 the following: "Section 3", and inserting in its place the following: "Section 4".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Phillips of the 9th offered the following substitute to SB 327:

A BILL To be entitled an Act to amend Article 6 of Chapter 5 of Title 44 of the Official Code of

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Georgia Annotated, relating to anatomical gifts, so as to provide that when a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospital administrator shall at the time of death of such patient, request that certain persons consent to such gift; to provide for procedures; to provide for priorities of persons to whom such request shall be made; to provide for circum stances where such request shall not be made; to provide for certificates of request for an anatomical gift; to provide for certain duties and authority of the commissioner of human resources; to provide for certain examinations; to provide for rights of certain donees; to provide for rules and regulations; to provide for related matters; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to oflfenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide exceptions; to provide a punishment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by adding a new paragraph immediately following paragraph (4) of Code Section 44-5-142, relating to definitions regarding anatomical gifts, to be designated paragraph (4.1) to read as follows:
"(4.1) 'Hospital administrator', means the person in charge of a hospital or such person's designated representative or a person connected with the determination of death of a decedent."
Section 2. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 44-5-149, to read as follows:
"44-5-149. (a) When a patient in a hospital is a suitable candidate, based on accepted medical standards, to make a gift of all or any part of such patient's body, the hospital administrator shall at the time of death of such patient, request in the manner provided for in subsection (b) of this Code section, any of the persons enumerated in subsection (b) of this Code section in the order of priority of such enumeration, to consent to the gift of all or any part of the decedent's body for any purpose specified in Code Section 44-5-144.
(b) When persons in prior classes are not available at the time of death and in the absence of actual notice of contrary indications by the decedent or actual notice of opposi tion by a member of the same or a prior class, any of the following persons, in order of priority stated, may give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;
(5) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or
(6) Any other person authorized or under obligation to dispose of the body.
(c) If the hospital administrator has actual notice of opposition from a suitable candi date or if there is otherwise reason to believe that an anatomical gift is contrary to the decedent's religious beliefs, such gift of all or any part of the decedent's body shall not be requested. Where a donation is requested, consent or refusal need only be obtained from the person or persons in the highest priority class available.
(d) Where a donation is requested, the hospital administrator shall complete a certifi cate of request for an anatomical gift on a form supplied by the commissioner of human resources. The certificate shall include a statement to the effect that a request for consent to

WEDNESDAY, FEBRUARY 12, 1986

645

an anatomical gift had been made and shall indicate whether consent was granted, the name of the person granting or refusing the consent, and such person's relationship to the dece dent. The completed certificate of request for an anatomical gift shall be attached to or be a part of the death certificate.
(e) The commissioner of human resources shall establish regulations concerning the training of hospital employees who may be designated to perform the request and the proce dure to be employed in making the request. The commissioner of human resources shall establish such additional regulations as are necessary for the implementation of appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to poten tial recipients.
(f) A gift of all or part of a body authorizes any examination necessary to assure medi cal acceptability of the gift for the purposes intended.
(g) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148.
(h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code Section.
(i) In promulgating or amending all rules and regulations required for the proper imple mentation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, and the Georgia Hospital Association."
Section 3. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood deriva tives, other self-replicating body fluids, or hair;
(2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44;
(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of his body;
(4) The payment of financial assistance under a plan of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6) The payment of reasonable costs associated with the removal, storage, or transpor tation of a human body or any part of a human body given or donated for medical or scien tific purposes.
(c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 4. This Act shall become effective July 1, 1987.

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Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins
Deal

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway Horton Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Brannon Dean

Mine Howard Kennedy (presiding)

Scott of 36th Walker

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1156. By Representatives Childs of the 53rd, Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Steinberg of the 46th and others:
A bill to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit.

WEDNESDAY, FEBRUARY 12, 1986

647

The following bill of the House was read the first time and referred to committee:

HB 1156. By Representatives Childs of the 53rd, Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Steinberg of the 46th and others:
A bill to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit.
Referred to Committee on Judiciary.

The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 422. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connec tion with the Employees' Retirement System of Georgia, so as to change the pro visions relating to employee and employer contributions in cases where an em ployee elects to continue membership in a local retirement system.

The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488
November 21, 1985
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: House Bill 422S (LC 10 6706S)
As requested, we have made an actuarial investigation of the impact of House Bill 422S (LC 10 6706S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This bill would change provisions relating to employee and employer contributions for county probation officers electing to remain in their local retirement system. We consider this bill to be nonfiscal.
Sincerely yours,
Is/ Donald M. Overholser Consulting Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Brantley Brown of 47th Bryant

Burton Cobb Coleman Coverdell

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JOURNAL OF THE SENATE

Dawkins Deal English Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Hudgins Muggins Kidd Land Langford McGill McKenzie Peevy

Perry Phillips Ray Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon Broun of 46th

Dean Howard Kennedy (presiding) Reddish

Scott of 2nd Scott of 36th Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to change certain provisions relating to the establishment and designation of com munity work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

Senator Starr of the 44th moved that SB 465 be postponed until February 13.

On the motion, the yeas were 34, nays 0; the motion prevailed and SB 465 was post poned until February 13.

SB 476. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for certain written notice to a tenant at will or sufferance prior to a demand for possession by the purchaser of the lessor's interest at a foreclosure sale; to provide for ser vice or delivery of such notice; to provide when such notice shall be made.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brantley Broun of 46th

Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal

English Engram Foster Garner Gillis Greene Harris

WEDNESDAY, FEBRUARY 12, 1986

649

Harrison Hine Holloway Horton Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips
Ray Scott of 2nd

Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Barker Bowen Brannon Dean

Fincher Howard Kennedy (presiding)

Reddish Scott of 36th Walker

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:25 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 13, 1986 Twenty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Coverdell of the 40th moved that the Senate reconsider its action of February 12 in defeating the following bill of the Senate:

SB 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist in the funding of juvenile intake workers and juvenile probation officers in counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.

On the motion, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes BBrraannntloeny Burton Coverdell Dawkins

Foster Greene Harrison THTm- e Land Phillips Ray

Reddish Scott of 2nd Stumbaugh mTolleson Trulock Tysinger Walker

Those voting in the negative were Senators:

Baldwin Brown of 47th Bryant Cobb English

Fincher Garner Harris Hudgins Huggins

Kennedy Kidd McGill McKenzie Starr

Those not voting were Senators:

Allgood Bond
nBroWuen" ofr 4^6thu Coleman Deal Dean

Engram Gillis
Holloway' Horton Howard Langford

Peevy Perry Scott of 36th
Tate Timmons Turner

On the motion, the yeas were 22, nays 15; the motion prevailed, and SB 222 was recon sidered and placed at the foot of the Senate General Calendar.

THURSDAY, FEBRUARY 13, 1986

651

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 and Senate:
HB 1582. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th: A bill to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010) as amended, so as to change the compensation of the chairman and other members of the board of commissioners.
HB 1689. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing author ity of the city at not more than $1,000.00 from all City of Austell ad valorem taxes.
HB 1691. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes.
HB 1692. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes lev ied by the city for certain persons aged 65 or over.
HB 1698. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to authorize Chatham County to provide transit services throughout the county; to provide for exceptions.
HB 1699. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area.
HB 1701. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to em power the Board of Commissioners of Newton County to license and regulate

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JOURNAL OF THE SENATE

businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amusement or sporting activities.
HB 1702. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pre scribe by law applicable to Newton County the time for making levies and assess ments, the manner in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices.
HB 1703. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of com missioners and providing for penalties and enforcement of such ordinances.
HB 1704. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts.
HB 1710. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for the appointment of the chairman of the Board of Education of Cherokee County by the board from its own membership.
HB 1711. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend an Act extending the corporate limits of the City of Carrollton, so as to deannex and exclude certain property from the city.
HB 1717. By Representative Oliver of the 121st:
A bill to amend an Act to re-create and reincorporate the City of Collins, so as to remove limitations on serving successive terms of office and provide that the mayor shall serve for a term of two years and until his successor is elected and qualified.
HB 1720. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.
HB 1721. By Representative Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 general election and which relates to establishment of a merit system or a civil service system for persons employed by Forsyth County.

THURSDAY, FEBRUARY 13, 1986

653

HB 1722. By Representatives Childs of the 53rd, Redding of the 50th, Richardson of the 52nd, Athon of the 57th, Mangum of the 57th and others:
A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over.
SB 367. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate limits of said city.
HB 49. By Representative Greene of the 130th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Educa tion and school superintendent, so as to require the board to establish a health improvement program to be made available to local units of administration.
HB 466. By Representative Hanner of the 131st:
A bill to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to change the provisions relating to marking of law enforcement vehicles.
HB 788. 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 in connection with employment by the State of Georgia, so as to change certain definitions; to define the term "interdepartmental transfer".
HB 1109. By Representative Colbert of the 23rd:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public order and safety, so as to include stun guns and tasers in the definition of firearms.
HB 1294. By Representatives Barnett of the 10th, Jamieson of the llth, Patten of the 149th, Cummings of the 17th, Clark of the 13th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised.
HB 1297. By Representatives Lawler of the 20th, Atkins of the 21st, Cooper of the 20th, Parrish of the 109th, Athon of the 57th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that sales of insulin and insulin syringes dispensed without a prescription shall be exempt from the imposition of the tax.
HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Ex aminers, so as to require that board to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settle-

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ments relating to medical malpractice claims or relating to the practice of medicine.
HB 1329. By Representatives Cox of the 141st and Lord of the 107th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide for the release of certain medical records and other information to coroners of other states under certain circumstances; to provide that when a coroner is conducting an investigation or an inquest into the death of an individual, such coroner shall be authorized to issue subpoenas to compel the production of any books, records, or papers.
HB 1416. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, so as to provide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers.
HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices.
HB 1471. By Representatives Thomas of the 69th, Chambless of the 133rd, Robinson of the 96th, Wood of the 9th and Ware of the 77th:
A bill to amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to preserve sovereign immunity of municipalities; to provide for settlement of certain claims.
HB 1500. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Univer sity of Georgia, so as to extend the time of issuance of such license plates.
HB 1644. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Groover of the 99th and Murphy of the 18th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts; to amend Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing; to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transac tions; to amend Code Section 44-14-142 of the Official Code of Georgia Anno tated, relating to recording affidavits, so as to change certain references to certain fees.
HB 1695. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assem bly, so as to change provisions relating to reimbursement for costs of air travel during the interim.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 470. By Representatives Hamilton of the 124th and Coleman of the 118th: A resolution designating the headquarters of the Georgia Bureau of Investigation as the Phil Peters Building.
HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway.
SR 289. By Senator Hine of the 52nd: A resolution authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia.
The House has adopted the report of the 2nd Committee of Conference on the follow ing bill of the House:
HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confi dential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 544. By Senators Kennedy of the 4th, Kidd of the 25th and Harris of the 27th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a plan for peace officer incentive pay based upon attainment of advanced levels of certifica tion; to provide procedures.
Referred to Committee on Public Safety.
SB 545. By Senators Deal of the 49th and Harris of the 27th: A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight limitations for vehicles and loads, so as to change the defini tion of "lift axle" and of "tandem axle"; to provide a definition of a "turningsupport axle"; to provide for computing total gross weight limitations for certain vehicles; to provide for related matters.
Referred to Committee on Transportation.
SB 546. By Senator Deal of the 49th: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be commit-

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ted to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent.
Referred to Committee on Children and Youth.
SB 547. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd: A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the payment of a portion of revenues derived from the taxation of alcoholic bev erages in Cobb County to school districts within said county; to provide the au thority for this Act.
Referred to Committee on Urban and County Affairs.
SB 548. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd: A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the Board of Education of Cobb County; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 549. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd: A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to authority for the enactment of legislation relative to the Cobb County Board of Education without the necessity of a referendum; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 550. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for all related matters; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SR 388. By Senators Foster of the 50th and Deal of the 49th: A resolution urging the Citizens' Stamp Advisory Committee of the United States Postal Service to accept the painting "The Courthouse Museum in Cleve land" by Jon Toorchen for inclusion as a United States Commemorative Postage Stamp.
Referred to Committee on Rules.

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657

SR 389. By Senators Foster of the 50th, Fincher of the 54th and Tate of the 38th: A resolution creating the Joint Developmental Studies in Georgia Study Committee.
Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 49. By Representative Greene of the 130th: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Educa tion and school superintendent, so as to require the board to establish a health improvement program to be made available to local units of administration.
Referred to Committee on Education.
HB 466. By Representative Hanner of the 131st: A bill to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to change the provisions relating to marking of law enforcement vehicles.
Referred to Committee on Public Safety.
HB 788. 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 in connection with employment by the State of Georgia, so as to change certain definitions; to define the term "interdepartmental transfer."
Referred to Committee on Governmental Operations.
HB 1109. By Representative Colbert of the 23rd: A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public order and safety, so as to include stun guns and tasers in the definition of firearms.
Referred to Committee on Public Safety.
HB 1294. By Representatives Barnett of the 10th, Jamieson of the llth, Patten of the 149th, Cummings of the 17th, Clark of the 13th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised.
Referred to Committee on Banking and Finance.
HB 1297. By Representatives Lawler of the 20th, Atkins of the 21st, Cooper of the 20th, Parrish of the 109th, Athon of the 57th and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to provide that sales of

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insulin and insulin syringes dispensed without a prescription shall be exempt from the imposition of the tax.
Referred to Committee on Banking and Finance.
HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th: A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Ex aminers, so as to require that board to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settle ments relating to medical malpractice claims or relating to the practice of medicine.
Referred to Committee on Human Resources.
HB 1329. By Representatives Cox of the 141st and Lord of the 107th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide for the release of certain medical records and other information to coroners of other states under certain circumstances; to provide that when a coroner is conducting an investigation or an inquest into the death of an individual, such coroner shall be authorized to issue subpoenas to compel the production of any books, records, or papers.
Referred to Committee on Human Resources.
HB 1416. By Representatives Ramsey of the 3rd and Williams of the 6th: A bill to amend Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, so as to provide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers.
Referred to Committee on Judiciary.
HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd: A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices.
Referred to Committee on Industry and Labor.
HB 1471. By Representatives Thomas of the 69th, Chambless of the 133rd, Robinson of the 96th, Wood of the 9th and Ware of the 77th: A bill to amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to preserve sovereign immunity of municipalities; to provide for settlement of certain claims.
Referred to Committee on Judiciary.

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659

HB 1500. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Univer sity of Georgia, so as to extend the time of issuance of such license plates.
Referred to Committee on Governmental Operations.
HB 1644. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Groover of the 99th and Murphy of the 18th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts; to amend Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing: to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transac tions; to amend Code Section 44-14-142 of the Official Code of Georgia Anno tated, relating to recording affidavits, so as to change certain references to certain fees.
Referred to Committee on Judiciary and Constitutional Law.
HB 1695. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assem bly, so as to change provisions relating to reimbursement for costs of air travel during the interim.
Referred to Committee on Rules.
HR 470. By Representatives Hamilton of the 124th and Coleman of the 118th: A resolution designating the headquarters of the Georgia Bureau of Investigation as the Phil Peters Building.
Referred to Committee on Public Safety.
HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway.
Referred to Committee on Transportation.
HB 1582. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th: A bill to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010) as amended, 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 1689. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing author-

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ity of the city at not more than $1,000.00 from all City of Austell ad valorem taxes.
Referred to Committee on Urban and County Affairs.
HB 1691. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes.
Referred to Committee on Urban and County Affairs.
HB 1692. By Representatives Thompson of the 20th, Cooper of the 20th, Wilson of the 20th, Atkins of the 21st, Wilder of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes lev ied by the city for certain persons aged 65 or over.
Referred to Committee on Urban and County Affairs.
HB 1698. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to authorize Chatham County to provide transit services throughout the county; to provide for exceptions.
Referred to Committee on Urban and County Affairs.
HB 1699. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th: A bill to create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area.
Referred to Committee on Urban and County Affairs.
HB 1701. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to em power the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with certain amusement or sporting activities.
Referred to Committee on Urban and County Affairs.
HB 1702. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pre scribe by law applicable to Newton County the time for making levies and assess-

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661

ments, the manner in which tax bills and notices shall be prepared, the number, form, and content of tax bills and notices.
Referred to Committee on Urban and County Affairs.
HB 1703. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of the county and the enforcement of all duties and powers vested in the board of com missioners and providing for penalties and enforcement of such ordinances.
Referred to Committee on Urban and County Affairs.
HB 1704. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill, and fire protection districts and to levy taxes on the property in such districts.
Referred to Committee on Urban and County Affairs.
HB 1710. By Representatives Hasty of the 8th, Anderson of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to provide for the appointment of the chairman of the Board of Education of Cherokee County by the board from its own membership.
Referred to Committee on Urban and County Affairs.
HB 1711. By Representatives Thomas of the 69th and Lee of the 70th: A bill to amend an Act extending the corporate limits of the City of Carrollton, so as to deannex and exclude certain property from the city.
Referred to Committee on Urban and County Affairs.
HB 1717. By Representative Oliver of the 121st: A bill to amend an Act to re-create and reincorporate the City of Collins, so as to remove limitations on serving successive terms of office and provide that the mayor shall serve for a term of two years and until his successor is elected and qualified.
Referred to Committee on Urban and County Affairs.
HB 1720. By Representative Barnett of the 10th: A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.
Referred to Committee on Urban and County Affairs.

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HB 1721. By Representative Barnett of the 10th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 180 of the 1976 General Assembly and which was duly ratified at the 1976 general election and which relates to establishment of a merit system or a civil service system for persons employed by Forsyth County.
Referred to Committee on Urban and County Affairs.

HB 1722. By Representatives Childs of the 53rd, Redding of the 50th, Richardson of the 52nd, Athon of the 57th, Mangum of the 57th and others:
A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to provide for an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 427. Do pass.

HB 1441. Do pass.

SB 478. Do pass as amended.

HB 1208. Do pass.

HB 1147. Do pass.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 405. Do pass by substitute. Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 480. Do pass.

HB 1235. Do pass.

SR 377. Do pass.

HB 1357. Do pass.

HB 858. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

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663

Mr. President:
The Committee on Higher Education has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SR 367. Do pass. HB 969. Do pass by substitute.
Respectfully submitted, Senator Fincher of the 54th District, Chairman
Mr. President:
The Committee on Interstate Cooperation 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 429. 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 Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 536. Do pass. SB 539. Do pass. HB 1216. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 456. Do pass as amended. Respectfully submitted, Senator Greene of the 26th District, Chairman
Mr. President:
The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 318. Do pass. HB 365. Do pass.

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HB 397. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Rules 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 406. Do pass.
Respectfully submitted,
Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 494. SB 534. SB 541. HB 1664. HB 1665. HB 1666. HB 1667.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1668. HB 1669. HB 1670. HB 1671. HB 1672. HB 1680.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1293. Do pass as amended.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 533. Do pass. HB 1378. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

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665

The following bills and resolutions of the Senate and House were read the second time:
SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center gener ally, so as to authorize the center to make available to any local fire department upon request a copy of the criminal history record information of an applicant for employment as a firefighter.
SB 392. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving records of certain persons to local fire departments.
SB 395. By Senator Tysinger of the 41st:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents in guardianship and custody actions involving minor children, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relation ships have been terminated.
SB 397. By Senators Perry of the 7th, Reddish of the 6th and Ray of the 19th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture con taining cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine; to provide for penalties.
SB 462. By Senators Starr of the 44th and Deal of the 49th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Anno tated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to provide minimum contents and requirements for the defendant's verified petition seeking the acceptance of a plea of nolo contendere.
SB 468. By Senators Langford of the 35th, Bond of the 39th, Walker of the 43rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special proce dures for the trial and imposition of sentences in certain cases in which the de fendant is under 18 years of age; to provide for practices and procedures; to pro vide for psychiatric examinations and the use of the results thereof.
SB 474. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, so as to change the provisions of the definition of "driver educational motor vehicle".

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SB 489. By Senators Turner of the 8th, Barnes of the 33rd, McKenzie of the 14th and others:
A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 or 16-3-24 shall not be held liable in any civil action brought as a result of the threat or use of such force.
SR 365. By Senators Kennedy of the 4th, Kidd of the 25th, Harris of the 27th and others:
A resolution creating the Law Enforcement Officer Salary Incentive Study Committee.
HB 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to au thorize certain hearsay statements made by certain children regarding sexual contact or physical abuse.
HB 460. By Representative Ramsey of the 3rd: A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board.
HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of certain disabled veter ans and their families.
HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions.
HB 775. By Representative Crosby of the 150th: A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars.
HB 795. By Representative Murphy of the 18th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act," so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business.
HB 846. By Representatives Twiggs of the 4th, Colwell of the 4th, Rainey of the 135th, Barnett of the 10th, Watts of the 41st and others: A bill to amend Code Section 27-2-23.1 of the Official Code of Georgia Anno tated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee.

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HB 1105. By Representative Padgett of the 86th:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Anno tated, relating to special license plates for former prisoners of war, so as to pro vide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate.
HB 1120. By Representative Beck of the 148th:
A bill to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate of interest under cer tain conditions.
HB 1162. By Representative Robinson of the 58th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change the provi sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation.
HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.
HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for emergency pow ers to enable the Department of Human Resources to order the emergency relo cation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility.
HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center.
HB 1341. By Representative Ramsey of the 3rd:
A bill to amend the Official Code of Georgia Annotated so as to change the provi sions relating to impersonating a public officer or employee; to repeal the provi sions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety.
HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository.

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HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks.

HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, currency, and pro ceeds of forfeited property received and the expenditure of the funds during the previous 12 months.

HR 679. By Representatives Dover of the llth, Twiggs of the 4th, Clark of the 13th and others:
A resolution urging the Congress of the United States to undertake all appropri ate actions to institute the immediate repeal of Public Law 93-531, the NavajoHopi Land Resettlement Act.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Those not answering were Senators:

Langford McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bond Dean

Howard Peevy

Scott of 36th

Senator Land of the 16th introduced the chaplain of the day, Dr. James Jackson, pastor of Saint Mark United Methodist Church, Columbus, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 390. By Senators Cobb of the 28th, Foster of the 50th, Deal of the 49th and others:
A resolution commending Georgia's Conservation District Supervisors.
SR 391. By Senators Cobb of the 28th, Dawkins of the 45th, Broun of the 46th and others:
A resolution expressing appreciation to the volunteers of the American Cancer Society and requesting the Governor to designate April, 1986, as Cancer Control Month in Georgia.
SR 392. By Senator Coverdell of the 40th:
A resolution relative to the Republican National Convention in 1988.
SR 393. By Senator Cobb of the 28th:
A resolution expressing regret at the passing of Taylor Buttrill Manley.
SR 395. By Senators Harris of the 27th, Greene of the 26th and Barker of the 18th:
A resolution honoring Wesleyan College on its 150th anniversary; inviting the president of the college to appear before the Senate.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 13, 1986
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 494 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd Burton, 5th Peevy, 48th Phillips, 9th Starr, 44th Horton, 17th Fulton, DeKalb, Gwinnett, & Clayton Counties
Amends Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965"; includes income from leases of real property as part of transit operating revenue; provides an effective date.

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SB 534 Kennedy, 4th Evans County
Fixes compensation of members of board of education; provides for reim bursement of actual expenses; provides that the accounts for such service and expenses shall be submitted for approval to county school superintendent.
HB 1664 Perry, 7th Ware County
Amends Act creating board of commissioners; changes compensation of chair man and members of board of commissioners.
HB 1665 Perry, 7th Ware County
Continues amendment which authorizes governing authority to create office of county manager.
HB 1666 Perry, 7th Ware County
Continues amendment which provides for powers of sheriff of county and authorizes governing authority of county to vest certain powers in county po lice force.
HB 1667 Perry, 7th Ware County
Continues amendment which authorizes county to levy a tax to promote and encourage new industry.
HB 1668 Perry, 7th City of Waycross Ware County
Continues amendment which authorizes General Assembly to create Down town Waycross Development Authority.
HB 1669 Perry, 7th City of Waycross Ware County
Continues amendment which authorizes city to incur limited bonded indebt edness for making and improving water works system.
HB 1670 Perry, 7th City of Waycross Ware County
Amends Act providing and establishing new charter for city; provides for commission; provides for election districts; provides for election of commis sion.
HB 1671 Perry, 7th City of Waycross Ware County
Continues amendment which authorizes city to levy a tax to promote new industry.

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HB 1672 Perry, 7th City of Waycross Ware County
Continues amendment which creates Waycross and Ware County Develop ment Authority.

HB 1680 Turner, 8th City of Valdosta Lowndes County
Amends Act providing new charter for city; redefines corporate limits.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Hine Horton Howard Hudgins Huggins Kennedy Kidd

McGill McKenzie Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Allgood Brantley Coleman Fincher

Harrison Holloway Land Langford

Peevy Scott of 36th Trulock

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Starr of the 44th introduced Honorable Newt Gingrich, U.S. Representative from the 6th Congressional District, who briefly addressed the Senate.

SENATE RULES CALENDAR
Thursday, February 13, 1986 TWENTY-THIRD LEGISLATIVE DAY
SB 445 Permanent Alimony Judgments--issues that warrant revision (SUBSTITUTE) (J&CL--48th)

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SB 300 Cable Television Franchise License--operator provides repair service (SUBSTI TUTE) (Gov Op--25th)
SB 460 Inmate Action Against Government Officials--form (Judy--49th)
SB 461 Habeas Corpus Case--provisions for granting of relief (Judy--49th)
SB 470 Employment Security Law--waiving interest payments for certain payment de lays (I&L--45th)
SB 471 Employment Security Law--Labor Commissioner settle disputes (I&L--45th)
SB 473 Employment Security Law--reimbursable security deposits (I&L--45th)
SB 483 Teacher Certification--procedures (Ed--22nd)
SB 484 Morehouse College--special license plates to commemorate founding (Gov Op--39th)
SB 490 Additional Clerks Appointed as Deputy Registrars--other duties (Gov Op--25th)
SR 324 Joint Study Commission on Revenue Sharing for Policeman Salary--create (Rules--25th)
SR 358 Power of Eminent Domain--provisions for exercise inside other county (Gov Op--30th)
HB 1246 Probate Court Judge--filling vacancies in offices (Gov Op--18th)
HB 595 Property Tax Return--notice of assessment change include appeal form (AMENDMENT) (B&F--46th)
HB 1463 School Buses--change exhaust system requirements (Trans--14th)
HB 1212 Special License Plate for Certified Firefighter--issuance (Trans--27th)
HB 1143 Dams--grants for repair of certain ones (Nat R--20th)
HB 1359 Dance Halls, Roadhouses--not subject to inspection by Department of Human Resources (I&L--45th)
HB 1360 Georgia Institute of Technology License Plates--extend time of issuance (Gov Op--25th)
HB 493 Guardian of Incapacitated Person--estate plan to minimize taxes (Judy--42nd)
HB 1335 Certificate of Title--eliminate requirement for dealer to sign application (Trans--1st)
HB 416 Teachers Retirement--change provisions on reinstatement of membership (Ret--44th)
HB 779 Teachers Retirement--military service credit when draft was in effect (Ret--38th)
HB 1215 Election Code, Corrections--amend provisions (Gov Op--33rd)
HB 1317 Vehicle Licensure and Registration--change date (Trans--1st)
HB 1338 Election Code--amend (SUBSTITUTE) (Gov Op--25th)
HB 1153 Dangerous Drug Distribution--suspension of certain permits (Judy--42nd)
HB 1280 Discharge of Pollutants--authorize general permits (Nat R--20th)
HB 1295 Board of Architects--change number of members (I&L--45th)
HB 477 Counties--certain business license taxes in unincorporated areas (U&CAG--8th)
SB 465 Community Work Experience Programs--change certain provisions (Hum R--42nd)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

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673

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 445. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for certain issues that warrant either a downward or upward revision or modification of certain permanent alimony judgments.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 445:
A BILL
To be entitled an Act to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for revision of certain awards of permanent alimony for the support of a child or children upon the filing of certain petitions showing a change in the income or financial status of either former spouse or in the needs of the child or children; to provide for such revision by the jury or the judge; to provide for certain issues that warrant either a downward or upward revision or modifica tion of certain permanent alimony judgments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking subsection (a) of Code Section 19-6-19, relating to revision of judgments for permanent alimony or child support, and in serting in its place a new subsection (a) to read as follows:
"(a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. The judgment of a court providing permanent alimony for the support of a child or children rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse, showing a change in the income and financial status of either former spouse or in the needs of the child or children. In either case a petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed in come and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of either former spouse or in the needs of the child or children in the case of permanent alimony for the support of a child or children, if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status of either former spouse."
Section 2. Said chapter is further amended by striking Code Section 19-6-20, relating to certain merits not at issue, and inserting in its place a new Code Section 19-6-20 to read as follows:
"19-6-20. In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party, a child or children, or both, are entitled to alimony and support are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse or in the needs of the child or children, in cases of permanent alimony for the support of a child or children, or in the income and financial status of either former spouse, in cases of permanent alimony for the

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support of a former spouse, as to warrant either a downward or upward revision or modifica tion of the permanent alimony judgment."
Section 3. This Act shall become effective July 1, 1986. The provisions of this Act shall apply to judgments providing permanent alimony for the support of a child or children rendered on or after July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Foster Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Engram Fincher

Garner Harrison McKenzie

Peevy Scott of 36th Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 300. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, so as to provide that no county or municipality shall grant or renew a franchise license for the operation of a cable television system unless the operator of such system provides repair service of such system to subscribers of the cable television system during all hours of the year.

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675

The Senate Committee on Governmental Operations offered the following substitute to SB 300:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit owners of multiple-unit and other residential dwellings from interfering with the provision of cable television service to residents of the dwellings; to provide protections for the owners of such dwellings; to provide criteria for determining just compensation; to pro hibit owners of multiple-unit and other residential dwellings from demanding or accepting payments from cable operators or residents in exchange for permitting the provision of cable service in excess of just compensation for damages or takings which occur; to provide certain definitions; to provide injunctive relief and for civil penalties; to repeal conflicting laws; and for other purposes.
WHEREAS, it has been demonstrated that cable television service is an important source of information and entertainment in this state; and
WHEREAS, it is in the public interest and good to have cable television service availa ble to citizens of the State of Georgia as long as it is economically and technologically feasible.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, is amended by adding at the end thereof a new Code Section 44-7-20 to read as follows:
"44-7-20. (a) The owner of a multiple-unit or other residential dwelling may not prevent or interfere with the provision of cable service by a cable system and the requisite installa tion, operation, and maintenance of the cable system, consistent with this Code section, if such cable service has been requested by a resident of a unit in such dwelling.
(b) The owner of a multiple-unit or other residential dwelling may require:
(1) That the safety, functioning, and appearance of the premises and the convenience and safety of other persons not be adversely affected by the installation, construction, oper ation, or maintenance of facilities necessary to provide cable service;
(2) That the cost of the installation, construction, operation, maintenance, or removal of such facilities be borne by the cable operator or subscriber, or a combination of both; and
(3) That the owner be reasonably indemnified by the cable operator for any damages caused by the installation, construction, operation, maintenance, or removal of such facilities.
(c) Any multiple-unit or other residential dwelling owner shall not demand or accept payment from any cable operator, tenant, or resident in exchange for permitting the provi sion of cable service on or within the premises. Nothing in this Code section shall prohibit a multiple-unit or other residential dwelling owner from receiving just compensation for dam ages or any taking which may occur.
(d) In any instance in which the owner of a multiple-unit or other residential dwelling intends to require the payment of a sum in excess of $1.00 as just compensation for permit ting the installation of the cable system within and upon the premises, the owner shall no tify the cable operator, in writing, of the owner's intent within ten days after being notified by the cable operator that cable service has been requested by a resident of the owner's premises. Unless notice is given by the owner to the cable operator within such ten-day period, it will be conclusively presumed that the owner does not claim or intend to require a payment of more than $1.00 in exchange and as just compensation for permitting the instal-

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lation of the cable system within and upon the premises. If the cable operator and owner cannot agree on an amount claimed for just compensation, the parties shall follow the proce dures for proceedings before special masters as provided in Article 2 of Chapter 2 of Title 22 in order to determine the amount of just compensation.
(e) In establishing an amount which shall constitute just compensation for any damages or taking alleged by the owner of a multiple-unit or other residential dwelling under this Code section, the following factors shall be considered:
(1) The extent to which the cable system facilities physically occupy the premises;
(2) The actual long-term damage which the cable system facilities may cause to the premises;
(3) The extent to which the cable system facilities would interfere with the normal use and enjoyment of the premises; and
(4) The enhancement in value of the premises resulting from the availability of cable service.
(f) For purposes of this Code section, the term:
(1) 'Cable operator' means any person or group of persons who:
(A) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(B) Otherwise controls or is responsible for, through any arrangement, the management and operation of such cable system.
(2) 'Cable service' means the one-way transmission to subscribers of:
(A) Video programming or other information that is made available to all subscribers generally; and
(B) Subscriber interaction, if any, which is required for the selection of such video pro gramming or other information service.
(3) 'Cable system' means a facility constructed and operated pursuant to a valid franchise or license, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, under common ownership and control, that is designed to provide cable service, which includes video programming, to multiple subscrib ers within a community. The term 'cable system* does not include:
(A) A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast stations;
(B) A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such fa cility or facilities use any public right of way; or
(C) A common carrier, except that such carrier shall be considered as a cable system to the extent it is engaged in the transmission of video programming directly to subscribers.
(4) 'Multiple-unit or other residential dwelling' shall include, but not be limited to, apartments, condominiums and their common areas, fee simple townhouse arrangements, mobile home parks, duplexes, and single-family homes.
(5) 'Owner' means the owner, the owner's representative, agent, successor, or assign, or other person or entity managing or controlling the premises in question.
(g) (1) Any person who suffers injury or damages as a result of a violation of this Code section, including the owner, the cable television operator, or resident of the premises in question, may bring an action, under the rules of civil procedure, against the person or persons engaged in such unlawful acts to seek equitable injunctive relief and to recover his general damages sustained as a consequence in any court having competent jurisdiction over the defendant.

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(2) Any person who violates the terms of an injunction issued pursuant to paragraph (1) of this subsection shall forfeit and pay to the state a civil penalty of $500.00. In the case of a continuing offense, each day shall be considered a separate offense."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Dawkins

Fincher McKenzie

Peevy Scott of 36th

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barker of the 18th introduced the doctor of the day, Dr. Horatio Cabasares, of Perry, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 460. By Senator Deal of the 49th:
A bill to amend Code Section 9-10-14 of the Official Code of Georgia Annotated, relating to forms for use by inmates in actions against government and officials of government, so as to provide that such forms shall be required only if an inmate is not represented by an attorney in the action.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
BBorraannndntloeny Broun of 46th Brown of 47th B ryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean Engram Foster Garner
G.-,rielleisne " ams Harnson Hine Holloway Horton Howard Hudgins Huggins

Kennedy Kidd Langford McGill Perry
PR,,haiyllips *edff* ,, , Scott of 2nd Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Bowen English Fincher Land

McKenzie Peevy Scott of 36th

Starr Trulock Turner

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 461. By Senator Deal of the 49th:
A bill to amend Code Section 9-14-48 of the Official Code of Georgia Annotated, relating to hearings in habeas corpus cases and determinations of compliance with procedural rules, so as to require the granting of relief in any case in which it is determined that there was insufficient evidence to support the judgment, regardless of prior compliance with procedural rules.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Cobb Coleman Coverdell Deal Dean English Engram Foster Garner Gillis

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Langford

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679

McGill McKenzie Perry Phillips Ray

Scott of 2nd Stumbaugh Tate Timmons

Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bowen Dawkins Fincher Greene

Land Peevy Reddish

Scott of 36th Starr Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 470. By Senator Dawkins of the 45th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to authorize the Commissioner of Labor to waive interest payments where the delay in payment was attributable to the action or inaction of the Department of Labor; to provide an effective date.

Senators Dawkins of the 45th and Hine of the 52nd offered the following amendment:

Amend SB 470 by adding after the first semicolon on line 7 of Page 1 the following:
"to provide for certain reports and records;".
By striking the quotation mark at the end of line 27 of Page 1 and by adding immedi ately thereafter the following:
"(c) The Commissioner shall file an annual report with the Attorney General, the mem bers of the Senate Industry and Labor Committee, and the members of the House Indus trial Relations Committee, which report shall state the number of cases and the total amount of interest which is waived under this Code section. Further, the Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor.'"

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Dean English

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Engram Foster Garner Greene Harris Harrison Hine Holloway Howard Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Perry Phillips Ray

Reddish Scott of 2nd Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Deal Fincher

Gillis Horton Peevy

Scott of 36th Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 471. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-126 of the Official Code of Georgia Annotated, relating to collection of delinquent contribution payments generally under the "Employment Security Law," so as to authorize the Commissioner of Labor to settle and compromise payment disputes; to provide for the establishment of rules and regulations; to provide an effective date.

Senators Dawkins of the 45th and Hine of the 52nd offered the following amendment:

Amend SB 471 by adding after the semicolon on line 6 of Page 1 the following: "to provide for certain reports and records;". By striking from line 14 of Page 1 the following: "a new subsection (c)", and inserting in place thereof the following: "new subsections (c) and (d)".

By striking the quotation mark on line 23 of Page 1 and adding immediately thereafter the following:
"(d) The Commissioner of Labor shall file an annual report with the Attorney General, the members of the Senate Industry and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of tax which is compromised under this Code section. Further, the Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose taxes were compromised, the amount of tax compromised, the number of cases, and the specified reasons for each tax compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor.'"

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

THURSDAY, FEBRUARY 13, 1986

681

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Hrantley BBrroowunn ooff 4467tthh
Bryant Burton Cobb Coleman Coverdell Dawkins

Dean English Engram Foster Gillis Greene "arr'SOn nine HHoolwloawrday
Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Perry Phillips j^ay Reddish Scott of 2nd ,, So tumb, aughu
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Deal Fincher

Garner Harris Horton

Peevy Scott of 36th Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 473. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the "Employment Security Law," so as to provide that, in the discretion of the Commissioner of Labor, the Department of Labor may secure security bonds for employers and defray all or any portion of the costs of such bonds to the covered employers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram Foster Gillis Greene

Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land Langford

682

JOURNAL OF THE SENATE

McKenzie Peevy Perry Phillips
Ray

Reddish Scott of 2nd Starr Stumbaugh
Tate

Tolleson Turner
Tysmger Walker

Those not voting were Senators:

Bowen Brannon Fincher

Garner Horton McGill

Scott of 36th Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been unfavorably reported by the com mittee and the adverse committee report disagreed to on February 11, was read the third time and put upon its passage:

SB 483. By Senators Allgood of the 22nd, English of the 21st, Bowen of the 13th and others:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel, so as to provide for additional certification procedures; to provide for restrictive certifications by subarea; to provide criteria and procedures; to provide for hearings; to provide for matters relative to the foregoing.

Senator Foster of the 50th moved that SB 483 be committed to the Senate Committee on Education.

On the motion, the yeas were 32, nays 2; the motion prevailed, and SB 483 was commit ted to the Senate Committee on Education.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 484. By Senator Bond of the 39th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Morehouse College; to provide for all related matters; to provide an effective date.

Senators Greene of the 26th and Harris of the 27th offered the following amendment:

Amend SB 484 by adding on line 5 of Page 1 after the word "University" the following:
"and for the issuance of a special license plate to commemorate the founding of Macon Junior College".
By striking line 13 of Page 1 and inserting in lieu thereof the following:
"a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 and a new Code Sec tion 40-2-29.6 to read as follows:".
By striking line 14 of Page 2 and inserting in lieu thereof the following:
"revalidated after December 31, 1989.

THURSDAY, FEBRUARY 13, 1986

683

40-2-29.6. (a) To commemorate the founding of Macon Junior College there shall be issued in 1987 special license plates to commemorate the founding of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Macon Junior College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar year 1987, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehi cles and upon the payment of a $35.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989.' "
On the adoption of the amendment, the yeas were 29, nays 3, and the amendment was adopted.
Senators Greene of the 26th and Harris of the 27th offered the following amendment:
Amend SB 484 by adding on line 5 of Page 1 after the word "College" the following:
"and for the issuance of a special license plate to commemorate the founding of Mercer University".
By striking line 13 of Page 1 and inserting in lieu thereof the following:
"a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 to read as follows:".
By striking line 14 of Page 2 and inserting in lieu thereof the following:
"revalidated after December 31, 1989.
40-2-29.5. (a) To commemorate the founding of Mercer University there shall be issued in 1987 special license plates to commemorate the founding of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appro priate to commemorate the founding of Mercer University. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar year 1987, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehi cles and upon the payment of a $35.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Special license plates issued under this Code section shall expire and shall not be renewed or revalidated after December 31, 1989.' "
On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.

684

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bowen Brantle"
Brown'oMTth Bryant Burton Cobb Coverdell Dean English

Engram Foster Gillis Greene
Harris Harrison
"oward HudSlns Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry
Phillips Reddish
Stumbaugh J,ate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker
Bond Broun of 46th Coleman Dawkins Deal

Fincher Garner
Holloway Horton

Ray Scott of 2nd Scott rf 36th
Starr Timmons

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 490. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of registering voters in the county shall be authorized to perform other duties as may be required.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean English Engram Foster Garner Gillis

THURSDAY, FEBRUARY 13, 1986

685

Greene Harris Harrison HuHHoionl.rl.etoownay
Huggins
Kennedy Kidd

Land Langford McGill M,,PPeecerKrvyyenzie
Phillips
Ray Reddish

Scott of 2nd Stumbaugh Tate ^Tol,l,eson
Trulock
Turner
Tysinger Walker

Those not voting were Senators:

Fincher Howard

Hudgins Scott of 36th

Starr Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 324. By Senators Kidd of the 25th and Kennedy of the 4th:
A resolution creating the Joint Study Committee relative to revenue sharing for the purpose of increased salaries and training for law enforcement officers.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond
BBRrroowunn oofff 446*7ttuhh
Bryant Burton Cobb Coleman Coverdell Dawkins Dean

English Engram Foster Garner
Gillis Greene
HH,,asrrrnisson
Hme Holloway Horton Howard Huggins Kennedy Kidd

McGill McKenzie Peevy Perry
Phillips Ray
SR0 ceod,tdt, isoh,f. 02nd,
Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Barnes Brannon Deal Fincher

Hudgins Land Langford

Scott of 36th Timmons Tysinger

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

686

JOURNAL OF THE SENATE

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SR 358. By Senators Garner of the 30th, Kennedy of the 4th, Greene of the 26th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to prohibit a county from exercising the power of eminent domain inside the boundaries of any other county, except with ap proval of the governing authority of such other county; to prohibit a municipality from exer cising the power of eminent domain inside the boundaries of any county if no part of such county is encompassed within the corporate limits of said municipality, except with ap proval of the governing authority of such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section II of the Constitution is amended by striking Paragraph V in its entirety and inserting in lieu thereof a new Paragraph V to read as follows:

"Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose; provided, however, that no county shall be authorized to exercise the power of eminent domain inside the boundaries of any other county, except with the approval of the governing authority of such other county, and no municipality shall be authorized to exercise the power of eminent domain inside the boundaries of any county if no part of such county is encompassed within the corporate limits of said municipality, except with approval of the governing authority of such county."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to prohibit a county from exercis ing the power of eminent domain inside the boundaries of any other county, except with approval of the governing authority of such other county, and to prohibit a municipality from exercising the power of eminent domain inside the boundaries of any county if no part of such county is encompassed within the corporate limits of said municipality, except with approval of the governing authority of such county?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brantley

Broun of 46th Brown of 47th Bryant Burton

THURSDAY, FEBRUARY 13, 1986

687

Coleman Coverdell Dawkins
eal
Garner GiUig Greene Harris Harrison

Hine Holloway Horton
Howard Huggins Kidd
Langford McGill
McKenzie Peevy Perry

Phillips Ray Reddish
Starr Stumbaugh Tate
Tolleson Trulock
Turner Tysinger Walker

Voting in the negative was Senator Dean.

Those not voting were Senators:

Brannon
Cobb Fincher

Hudgins
Kennedy (presiding) Land

Scott of 2nd
Scott of 36th Timmons

On the adoption of the resolution, the yeas were 46, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 595. By Representative Logan of the 67th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment.
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Banking and Finance offered the following amendment:

Amend HB 595 by striking lines 4 through 6 on page 1 in their entirety and substituting in lieu thereof the following:
"an assessment of real or personal property received by a county board of tax assessors shall be deemed a notice of appeal by the taxpayer under the legally recognized grounds; to provide that the notice shall contain certain information; to provide for related matters;".
By striking lines 20 through 23 on page 1 in their entirety and substituting in lieu thereof the following:
"written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of per sonal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of.
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

688

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brantley Broun of 46th Brown of 47th Bryant BCoulretomnan
Coverdell Dawkins
Deal
Dean
English

Engram Foster Garner Gillis Greene Harris Harrison Hine Horton HHouwdgairnds
Huggins Kidd
Land
Langford
McGill

McKenzie Perry Phillips Rav Reddish Scott of 2nd Starr Stumbaugh _ T*i. memons
Tolleson Trulock
Turner
Tysinger
Walker

Those not voting were Senators:

Barker Bowen Brannon

Cobb Fincher Holloway

Kennedy (presiding) Peevy Scott of 36th

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1463. By Representatives Ray of the 98th, Walker of the 115th and Hudson of the 117th:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, so as to change ex haust system requirements.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brantley Broun of 46th Brown of 47th

Bryant Burton Coverdell Dawkins Deal Dean English Foster Garner

Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

THURSDAY, FEBRUARY 13, 1986

689

Muggins Kidd Land Langford McGill McKenzie

Perry Phillips Ray Reddish Scott of 2nd Starr

Stumbaugh Tate Timmons Tolleson Tysinger Walker

Those not voting were Senators:

Bowen Brannon Cobb Coleman

Engram Fincher Kennedy (presiding) Peevy

Scott of 36th Trulock Turner

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1212. By Representatives McDonald of the 12th, Colbert of the 23rd, Martin of the 60th, Coleman of the 118th, Hanner of the 131st and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified firefighter who is a member of a fire department which has been certi fied pursuant to Article 2 of Chapter 3 of Title 25.
Senate Sponsor: Senator Harris of the 27th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie
Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Cobb

Fincher Harrison Kennedy (presiding)

Peevy Scott of 36th

690

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1143. By Representative Phillips of the 120th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption for certain dams by one year; to authorize the State of Georgia to make grants for dam repair of certain dams; to empower the Environmental Protection Division of the Department of Natural Resources to administer these grants.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Bond Brantley Cobb

Coleman Coverdell Fincher Harrison

Kennedy (presiding) McKenzie Scott of 36th

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1359. By Representative Lee of the 72nd:
A bill to amend Code Section 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources.
Senate Sponsor: Senator Dawkins of the 45th.

THURSDAY, FEBRUARY 13, 1986

691

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Land Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh
T1*aatt*e
Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Cobb Fincher

Harrison Kennedy (presiding)

Scott of 36tl

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1360. By Representatives Alford of the 57th, Wilson of the 20th, Pettit of the 19th, Royal of the 144th and Heard of the 43rd:
A bill to amend Code Section 40-2-29.2 of the Official Code of Georgia Anno tated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Bowen Brantley Broun of 46th Brown of 47th Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean

692

JOURNAL OF THE SENATE

English Engram Foster ^"ner Greene jj
Holloway Horton Howard

Hudgins Huggins Land
Langford McGi " McKenzie
Peevy Perrv Phillips Ray

Reddish Scott of 2nd Starr
Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Voting in the negative was Senator Tolleson.

Those not voting were Senators:

Brannon Fincher

Harrison Kennedy (presiding)

Kidd Scott of 36th

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 493. By Representatives Shepard of the 71st and Copelan of the 106th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so as to authorize a guardian under certain conditions to establish an estate plan to minimize taxes and to make tax motivated dispositions of the ward's property.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bwen Brannon Brantley Broun of 46th Brown of 47th Bryant
Burton
Cobb
Coleman
Dawkins Deal

English Engram Foster Garner Gillis Greene Harris Hme Holloway Horton Howard Hudgins
Huggins
Kidd
Land
Langford McGill

McKenzie Peevy Perry Phillips Hay Reddish Scott of 2nd Starr ,,, , , Stumbaugh late Timmons
Tolleson
Trulock
Turner
Tysinger Walker

THURSDAY, FEBRUARY 13, 1986

693

Those not voting were Senators:

Coverdell Dean

Fincher Harrison

Kennedy (presiding) Scott of 36th

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1335. By Representative Jackson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents submit ted in an application for a certificate of title be sworn to before an officer author ized to administer oaths.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

English Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Coverdell Dean Fincher

Greene Kennedy (presiding)

Scott of 36th Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 416. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to

694

JOURNAL OF THE SENATE

change the provisions relating to reinstatement of membership in the retirement system. Senate Sponsor: Senator Starr of the 44th.
The following actuarial report, as required by law, was read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339 404/955-2488

November 21, 1985

Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

Re: House Bill 416 (LC 7 5904)

As requested, we have made an actuarial investigation of the impact of House Bill 416 (LC 7 5904) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would change the provisions relating to reinstatement of membership in TRS for members who have not withdrawn their contributions by eliminating the reinstatement fee for members who render at least two consecutive years of membership service after a break in service. Currently members who withdraw their contributions may reestablish the service represented by the contributions by serving three additional years as a contributing member and paying back the withdrawn contributions plus applicable accrued regular inter est. Members who leave their contributions with the System are charged a reinstatement fee while those who withdraw their contributions are not. We would expect that the System's loss of fees would be more than offset by the additional revenue generated by employee contributions which members would be more encouraged to leave on deposit. We would not expect any increase in unfunded actuarial accrued liabilities to be material to the funding of the System.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. The accrued liability rates shown are a composite of the separate rates used for State-paid and locally-paid compensation.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 2,534,530

$ 2,534,530 (est)

negligible

Annual Contribution

Annual Amount

Annual Amount

Annual Amount

Normal Accrued Liability

6.09% $ 140,070 6.09% $ 140,070 0%

6.82

156,860 6.82

156,860

negligible

Total

12.91% $ 296,930 12.91% $ 296,930

negligible

The preceding figures are based on the employee data, actuarial

THURSDAY, FEBRUARY 13, 1986

695

assumptions and actuarial methods used to prepare the June 30, 1984 actuarial valuation of the System, together with an estimated payroll of $2,300,000,000.

Sincerely yours,

/s/ Donald M. Overholser Consulting Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Phillips
Rnaflyv
Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Fincher

Kennedy (presiding) McKenzie

Scott of 36th Tolleson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1215. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Brannon Brantley Broun of 46th

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Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean English Engram Foster Garner Gillis Greene

Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Scott of 2nd Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Coverdell Fincher

Kennedy (presiding) Reddish

Scott of 36th Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1187. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th:
A bill to amend Code Section 31-17-1 of the Official Code of Georgia Annotated, relating to the enumeration of venereal diseases, so as to include acquired im mune deficiency syndrome (AIDS) within that enumeration.

The following bill of the House was read the first time and referred to committee:

HB 1187. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th:
A bill to amend Code Section 31-17-1 of the Official Code of Georgia Annotated, relating to the enumeration of venereal diseases, so as to include acquired im mune deficiency syndrome (AIDS) within that enumeration.
Referred to Committee on Human Resources.

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697

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1317. By Representatives Jackson of the 9th, Thompson of the 20th, Burruss of the 20th, Hasty of the 8th, Wilson of the 20th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to pro vide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods.
Senate Sponsor: Senator Coleman of the 1st.
Senators Barnes of the 33rd, Land of the 16th and Bond of the 39th offered the follow ing substitute to HB 1317:
A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time for obtaining a license and registering a motor vehicle in counties of this state which have in effect an ordinance or resolution approving a staggered system of registering and taxing motor vehicles; to provide procedures; to define a certain term; to change the provisions relating to the operation of unregistered vehicles or vehicles without current license plates; to provide for alternative procedures; to change the provisions relating to revalidation decals; to change the provisions relating to registration of delinquent vehicles; to provide for the transfer of registrations; to provide for a referendum election to determine whether a staggered system of registering and taxing motor vehicles shall be used; to provide proce dures and requirements for such referendum election; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time in which the owner of a motor vehicle must return the same for taxation; to provide for a prorated registration fee for registrations for less than or more than 12 months; to provide for the application for tags; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-8, relating to the operation of unregistered vehicles, and inserting in lieu thereof a new Code Section 40-2-8 to read as follows:
"40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-220 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of such vehicle presents evidence that he has properly ap plied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle

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required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space pro vided for a county name decal on the current license plate."
Section 2. Said chapter is further amended by striking in its entirety Code Section 40-220 which reads as follows:
"40-2-20. (a) Except as provided in subsection (b) of this Code Section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before April 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter, and obtain a license to operate it for the ensuing year. The purchaser of every new or unregistered motor vehicle, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;
(3) To any trailer which has no springs and which is being employed in hauling un processed farm products to their first market destination;
(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;
(5) To any motorized cart; or
(6) To any moped.",
and inserting in lieu thereof a new Code Section 40-2-20 to read as follows:
"40-2-20. (a) (1) Except as provided in this Code section, every owner of a motor vehi cle, including a tractor or motorcycle, or trailer shall, on or before April 1 in calendar year 1987 and during his renewal period in each year thereafter, before he shall operate such motor vehicle or trailer, register such motor vehicle or trailer as provided in this chapter and obtain a license to operate it until the expiration of the owner's renewal period which falls in the calendar year next following the calendar year in which the current registration ex pires. Within seven days following the purchase of a new or unregistered motor vehicle, including a tractor or motorcycle, or trailer, the owner shall, before he shall operate such motor vehicle or trailer, register such motor vehicle or trailer as provided in this chapter and obtain a license to operate it until the expiration of the owner's renewal period which falls in the calendar year next following the calendar year in which such motor vehicle or trailer is being registered. Within the 30 day period ending on the date a transferred registration expires, the owner of an acquired motor vehicle or trailer shall register such motor vehicle or trailer as provided in this chapter and obtain a license to operate it until the expiration of the owner's renewal period which falls in the calendar year next following the calendar year in which the current registration expires.
(2) Unless the registration shall expire prior to the end of the 21 day period, in which case the provisions of paragraph (1) of this subsection apply, the person who acquires a used motor vehicle, including a tractor or motorcycle, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other

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political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable;

(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;

(3) To any trailer which has no springs and which is being employed in hauling un processed farm products to their first market destination;

(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;

(5) To any motorized cart; or

(6) To any moped.

(c) As used in this Code section, the term 'renewal period' means:

(1) Except as provided in paragraph (2) of this subsection, the period each year begin ning January 1 and ending at midnight on April 1; or

(2) In all counties of this state in which an ordinance or resolution is in effect as pro vided in Code Section 40-2-20.1:

(A) (i) For natural persons, the 30 day period ending at midnight of the last day of the month designated as the owner's renewal month in division (ii) of this subparagraph. In cases where a vehicle has more than one owner, the owner whose name first appears on the certificate of title will be used to compute the renewal month.

(ii) For the purposes of determining the owner's renewal month, the month shall corre spond to the first letter of the last name of the owner as follows:

January .......................................................... A and B

February ......................................................... C and D

March ........................................................... E and F

April............................................................. G and H

May .............................................................

I and J

June ............................................................. K and L

July ............................................................. M and N

August ........................................................... O and P

September........................................................ Q and R

October ..........................................................

S

November ..................................................... T, U, and V

December .................................................. W, X, Y, and Z

(B) For owners which are not natural persons, the period each year beginning on Janu ary 1 and ending at midnight on April 1.
(d) The commissioner may provide by rule and regulation the conditions under which an individual may register a motor vehicle or trailer prior to the first day of the owner's renewal period."
Section 3. Said chapter is further amended by adding between Code Section 40-2-20 and Code Section 40-2-21 a new Code Section 40-2-20.1 to read as follows:
"40-2-20.1. (a) The governing authority of any county may by ordinance or resolution approve a staggered system of registering and collecting taxes on motor vehicles as provided in Code Section 40-2-20 by adopting the definition of registration renewal period provided in paragraph (2) of subsection (c) of Code Section 40-2-20. Such ordinance or resolution shall be conditioned upon approval by a majority of the qualified voters voting thereon in the county affected. If approved in the referendum election, the ordinance or resolution shall become effective on the second January 1 following the date of such referendum election.
(b) In any county which has in effect an ordinance or resolution as provided in subsec tion (a) of this Code section, the term 'renewal period' shall, for the purpose of renewing,

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upon the normal expiration on April 1, registrations issued prior to the date the ordinance or resolution is adopted and for the purpose of registering new or unregistered motor vehi cles and for the purpose of ad valorem taxation of motor vehicles, be defined as provided in paragraph (2) of subsection (c) of Code Section 40-2-20.
(c) If the ordinance or resolution is approved, the governing authority of the county shall notify the Secretary of State and the Department of Revenue."
Section 4. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 40-2-29, relating to seven-year and annual license plates, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) In those years in which a metal plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle. The decal shall also indicate the year, month, and day through which the registration of the vehicle shall be valid. When an applicant is issued a revalida tion decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal."
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 40-2-37, relating to the registration of delinquent vehicles, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year who has failed to comply with Code Section 40-2-20 for the current year shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, after the expiration of his renewal period and thereaf ter, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law."
Section 6. Said chapter is further amended by striking in its entirety Code Section 40-239, relating to transfers of license plates, and inserting in lieu thereof a new Code Section 40-2-39 to read as follows:
"40-2-39. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as otherwise provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
(b) The commissioner is authorized to provide by rules and regulations appropriate pro cedures whereby, upon the payment of a fee of $1.00, and, upon preparation and filing of an appropriate application therefor, annual and seven-year license plates and revalidation decals may be transferred from one person to another. License plates and revalidation decals shall be transferred only during the period for which issued. A person acquiring a vehicle with an expired annual license plate or expired seven-year license plate shall obtain a cur rent year annual plate or a current year revalidation decal as provided for by this chapter.
(c) At the time a license plate and revalidation decal is transferred, the transferee may:
(1) Transfer the existing registration; or
(2) Transfer the existing registration and, upon payment of the prorated registration fee, extend the registration to the expiration of the transferee's next renewal period."
Section 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking in its entirety Code Section 48-5-473, relating to returns for ad valorem taxation, and inserting in lieu thereof a new Code Section 48-5-473 to read as follows:
"48-5-473. (a) Each year every owner of a motor vehicle subject to taxation under this

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article shall return the motor vehicle for taxation and pay the taxes due on the motor vehi cle at whichever of the following times occurs first:
(1) At the time the owner applies for registration of his motor vehicle and for the purchase of a license plate for the motor vehicle, and for purposes of this paragraph the owner shall be deemed to have applied for registration on the last day of his renewal period regardless of the actual day prior to or during the renewal period the application is submitted;
(2) At the time of the first sale or transfer of the motor vehicle prior to December 31; or
(3) On December 31.
(b) If, after January 1 but prior to one of the times specified in subsection (a) of this Code section, the owner of a motor vehicle subject to ad valorem taxes moves from the county to which the taxes shall be due, the owner of a motor vehicle may return the motor vehicle for taxation prior to the time specified in subsection (a) of this Code section and may, at that time and at the owner's discretion, extend, upon payment of the prorated regis tration fee, the existing registration, if any, to the expiration of the owner's renewal period which falls in the calendar year next following the calendar year in which the current regis tration expires. The tax collector or tax commissioner shall issue an appropriate certificate indicating that all ad valorem taxes due on the motor vehicle have been paid. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section; but no license plate need be purchased. Except as provided for in Code Section 48-5-450 and except for motor vehicles excluded pursuant to Code Section 48-5-472, no license plate for any motor vehicle shall be trans ferred or issued by the tax collector or tax commissioner until all ad valorem taxes due on the motor vehicle have been paid."
Section 8. Said title is further amended by striking in its entirety Code Section 48-10-7, which reads as follows:
"48-10-7. Any person registering any of the vehicles named in paragraph (3), (10), or (11) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (ll)(A)(i), (ll)(A)(ii), and (ll)(A)(iii) of Code Section 48-10-2 between the dates of:
(1) May 1 and August 1 of any year shall pay three-fourths of the annual license fee provided in this chapter;
(2) August 1 and November 1 of any year shall pay one-half of the annual license fee provided in this chapter; or
(3) November 1 and January 1 of the following year shall pay one-fourth of the annual license fee provided in this chapter.",
and inserting in lieu thereof a new Code Section 48-10-7 to read as follows:
"48-10-7. Any person registering any vehicle when such registration shall be valid for less than 12 months shall pay a prorated portion of the basic fee required by Code Section 48-10-2, and any person registering any vehicle when such registration shall be valid for more than 12 months shall pay the basic fee required by Code Section 48-10-2 plus a pro rated portion of such basic fee for that period which exceeds 12 months."
Section 9. Said title is further amended by striking in its entirety Code Section 48-10-8, relating to time of application and payment for license plate, and inserting in lieu thereof a new Code Section 48-10-8 to read as follows:
"48-10-8. Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate as provided in Code Section 40-2-20. Payment for the license plate shall be made to the commissioner, his duly authorized agent, or any other person specified by law."
Section 10. All laws and parts of laws in conflict with this Act are repealed.

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Senator Barnes of the 33rd moved the previous question.

The motion prevailed, and the previous question was ordered.

On the adoption of the substitute, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barnes Bond
BBr, urarnt.otlney Coverdell
Dawkins
Engram

Harrison Holloway Horton
IHHTouwdigairnds Land
Langford
Peevy

Phillips Stumbaugh Tate ,,l,ol,,leson
Trulock Tysinger Walker

Those voting in the negative were Senators:

Allgood Baldwin Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal

Dean English Foster Garner
Greene Harris Hine Huggins Kennedy

Kidd McGill McKenzie Perry
Reddish Scott of 2nd Starr Timmons Turner

Not voting were Senators Fincher and Scott of 36th.

On the adoption of the substitute, the yeas were 23, nays 31, and the substitute was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman

Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton

Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd

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703

Starr Stumbaugh Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Not voting were Senators Fincher and Scott of 36th.

On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.

Senator Timmons of the llth gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the House:

HB 416. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a popu lation of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 1338:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the powers and duties of the election superintendent and the registrars and board of registrars; to remove certain requirements that in any county having a population of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances; to provide that unless otherwise provided by law, certain state-wide ballot questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and certain local questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent; to provide for alternative meth ods for answering certain ballot questions; to provide for the form of certain questions on ballot labels; to provide that certain qualified absentee electors may apply not earlier than 120 days before an election for a special write-in absentee ballot; to provide that a result of a primary or election may be contested for any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election; to provide that the Secretary of State shall furnish to the proper superintendent certain materials and supplies for use in all municipal elections and primaries; to provide that no tice of the opening and closing dates for candidates to qualify shall be published in the call

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for the election; to provide that additional places and hours of operation shall be advertised in a newspaper of general circulation in the municipality or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration; to provide for alternative methods for answering certain ballot ques tions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-45, relating to authorization of creation of certain joint boards of elections and boards of elections and registration, and inserting in its place a new Code Section 21-2-45 to read as follows:
"21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures."
Section 2. Said title is further amended by striking subsection (b) of Code Section 21-2218, relating to the location of the main office of the board of registrars and the registration of electors, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purpose of taking applications for registration and for the purpose of regis tering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The board of regis trars, in addition to the main office, shall designate every municipal and county public li brary wherein a librarian has elected to serve as a deputy registrar and other fixed places throughout the county as would be reasonably necessary to receive applications for registra tion and for the registration of electors. These additional offices for registration will have fixed hours of operation. Voter registration cards shall not be removed from the additional registration places except to be taken to the main office. The same degree of supervision and security provided for the main office to prevent registration irregularities will be provided to these additional offices. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the regis trars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be returned to the main office as expeditiously as possible. In no event shall the completed registration cards be temporarily retained be yond the end of the next business day."
Section 3. Said title is further amended by striking subsection (f) of Code Section 21-2285, relating to the form of official election ballots, and inserting in lieu thereof a new sub section (f) to read as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and

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any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ( ) mark unless otherwise directed by the General Assembly."
Section 4. Said title is further amended by striking subsection (b) of Code Section 21-2325, relating to the form of ballot labels generally, and inserting in its place a new subsec tion (b) to read as follows:
"(b) If the construction of the machine shall require it, the ballot label for each candi date, group of candidates, political party or body, or question, to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent."
Section 5. Said title is further amended by striking subsection (a) of Code Section 21-2381.1, relating to procedures for voting with special write-in absentee ballots by qualified absentee electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 120 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress."
Section 6. Said title is further amended by striking paragraph (5) of Code Section 21-2522, relating to grounds for contesting a primary or election, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
Section 7. Said title is further amended by adding a new Code section immediately following Code Section 21-3-7, to be designated Code Section 21-3-7.1, to read as follows:
"21-3-7.1. The Secretary of State shall furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, no tices of penalties, instructions for marking ballots, tally sheets, precinct returns, consoli dated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as he shall deem necessary and advisable from time to time, for use in all municipal elections and primaries. Such forms shall have printed thereon ap propriate instructions for their use."
Section 8. Said title is further amended by striking subsection (a) of Code Section 21-391, relating to filing notice of candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the munici pal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held,

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each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published by the call for the election."
Section 9. Said title is further amended by striking subsection (d) of Code Section 21-3123, relating to registration duties of certain county registrars and registration of certain electors, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Additional registration places and hours of operation shall be advertised in a news paper of general circulation in the municipality or in the form of a public service announce ment on radio or television one or more times at least three days prior to the first day for registration."
Section 10. Said title is further amended by striking subsection (d) of Code Section 213-187, relating to the form of official municipal election ballots, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) When proposed questions are submitted to a vote of the electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ( ) mark unless otherwise directed by the General Assembly."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton
Cobb
Coleman
Coverdell
Dawkins Deal

Dean English Engram Foster Garner Gillis Harrison nine Holloway Horton Howard Hudgins
Huggins
Kennedy
Kidd
Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish g. ,,, , , Stumbaugh late Timmons
Tolleson
Trulock
Turner
Tysinger Walker

THURSDAY, FEBRUARY 13, 1986

707

Those not voting were Senators:

Brantley Fincher

Greene Harris

Scott of 2nd Scott of 36th

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1153. By Representative Richardson of the 52nd:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the suspension or revoca tion of certain permits to distribute dangerous drugs and provide for the disposi tion of dangerous drugs following that suspension or revocation.
Senate Sponsor: Senator Howard of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Starr Stumbaugh Timmons Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Brantley Fincher

Scott of 2nd

Tate

Scott of 36th

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 1280. By Representative Phillips of the 120th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the issuance of general permits for discharges of pollutants; to provide for the administration of certain federal funds.
Senate Sponsors: Senators Gillis of the 20th and English of the 21st.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Brantley Fincher

Kennedy (presiding) Reddish

Scott of 2nd Scott of 36th

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1295. By Representatives Couch of the 40th and Watson of the 114th:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter.
Senate Sponsor: Senator Dawkins of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Bryant Burton

Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harris Harrison Hine Holloway

THURSDAY, FEBRUARY 13, 1986

709

Howard Hudgins Huggins Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

Those not voting were Senators:

Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Albert Brannon Brantley Broun of 46th

Brown of 47th Fincher Horton

Kennedy (presiding) Scott of 36th Tate

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 477. By Representative Childs of the 53rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties.
Senate Sponsor: Senator Turner of the 8th.
The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 5, 1985

SUBJECT: Fiscal Note -- House Bill 477 (LC 7 5937) Counties: Certain Occupational Tax: Levy

This Bill would authorize the governing authority of any county to levy, assess, and collect business and occupational taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of said county. This Bill would also exempt specific businesses from the author ized taxes and fees and would allow any county to classify and assess differ ent taxes and fees against different classes of businesses being carried on in the unincorporated areas.

The Department of Revenue has indicated that this Bill would not affect

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state revenue. This Bill would only impact the revenue of any county electing to use this authority.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Turner of the 8th offered the following amendment:
Amend HB 477 by deleting the quotation marks on line 29 of Page 2.
By adding at the end of Section 1 following line 29 of Page 2 the following:
"(f) Nothing in this Code section shall apply to, or authorize the governing authority of any county to exercise any of the powers conferred by this Code section over, any farm operation for the production from or on the land of agricultural products, but not including any agribusiness.'"

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Fincher

Horton Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time on February 12 and postponed until February 13, was put upon its passage:

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to change certain provisions relating to the establishment and designation of com-

THURSDAY, FEBRUARY 13, 1986

711

munity work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Fincher

Horton Kennedy (presiding)

Scott of 36th

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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 the filling of vacancies in the offices of the judge of probate court in certain counties; to pro vide that in counties where a chief clerk of the probate judge has been appointed, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge.
Senate Sponsor: Senator Barker of the 18th.

Senator Kidd of the 25th moved that HB 1246 be committed to the Senate Committee on Governmental Operations.

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On the motion, the yeas were 43, nays 0; the motion prevailed, and HB 1246 was com mitted to the Senate Committee on Governmental Operations.
HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th and others: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions. Senate Sponsor: Senator Tate of the 38th.
Senator Timmons of the llth moved that HB 779 be committed to the Senate Commit tee on Retirement.
On the motion, the yeas were 41, nays 2; the motion prevailed, and HB 779 was com mitted to the Senate Committee on Retirement.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 1:10 o'clock P.M., Senator'Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 14, 1986

713

Senate Chamber, Atlanta, Georgia Friday, February 14, 1986
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Garner of the 30th moved that the Senate reconsider its action of February 13 in passing the following bill of the House:
HB 416. By Representative Johnson of the 72nd: A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 416 was recon sidered and placed at the foot of the Senate Rules Calendar for today.
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 and Senate:
HB 1724. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an amendment to the Constitution providing for the office of sheriff of Chattahoochee County, which amendment was proposed by Resolution Act No. 196 of the 1972 General Assembly, so as to provide for the operating expenses required in discharging the duties of the office of sheriff.
HB 1727. By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and Pannell of the 122nd: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
HB 1728. By Representative Ross of the 82nd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collec tor of Lincoln County into the office of Tax Commissioner of Lincoln County, so as to change the compensation of the tax commissioner.
HB 1729. By Representatives Ross of the 82nd, Harris of the 84th and Hill of the 83rd: A bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln.

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HB 1730. By Representative Ross of the 82nd: A bill to provide for election of members of the Board of Education of Lincoln County.
HB 1731. By Representative Ross of the 82nd: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the composition of the board; to change the manner of electing the members of the board.
HB 1733. By Representatives Dover of the llth and Jamieson of the llth: A bill to amend an Act reincorporating and providing a new charter for the City of Helen, so as to change the name of the governing authority of the City of Helen from the "city council" to the "city commission".
HB 1735. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to provide for the election of the councilmen from numbered posts.
HB 1736. By Representatives Padgett of the 86th, Walker of the 85th, Ransom of the 90th and Connell of the 87th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes appropriations not to exceed $75,000.00 per year to advertise and promote facilities and assets of Rich mond County and encourage location and expansion of business therein and at tract tourists thereto.
HB 1737. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th and Connell of the 87th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Richmond County to acquire and construct incinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds.
HB 1738. By Representative Lord of the 107th: A bill to provide $10,000.00 homestead exemption for certain property from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
HB 1739. By Representative Lord of the 107th: A bill to provide a $10,000.00 homestead exemption for certain property from Washington County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceed ing $10,000.00 and who are 65 years of age or over.
HB 1740. By Representative Birdsong of the 104th: A bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to provide for four-year terms of office for the mayor and council.
HB 1743. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to provide for the compensation of the coroner of Ware County; to provide for the payment of such compensation; to provide that fees, costs, commissions,

FRIDAY, FEBRUARY 14, 1986

715

allowances, moneys, and other emoluments and perquisites shall become the property of the county.
HB 1744. By Representatives Pettit of the 19th, Childers of the 15th, Maddox of the 7th and McKelvey of the 15th:
A bill to provide for an assistant district attorney for the Cherokee Judicial Cir cuit; to provide for the employment, powers, duties, term of office, compensation, and expenses of such assistant district attorney.
HB 1747. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 263 and which creates the Griffin Development Authority.
HB 1749. By Representatives Isakson of the 21st, Johnson of the 21st, Wilder of the 21st, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the supe rior court.
HB 1750. By Representatives Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Aiken of the 21st, Lawler of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court.
HB 1752. By Representative Waldrep of the 80th:
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 creation of the Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures.
SB 359. By Senator Reddish of the 6th:
A bill to amend an Act providing for the compensation of the coroner of Wayne County, approved March 17, 1978 (Ga. L. 1978, p. 4056), so as to change the compensation of the coroner.
HB 1412. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property de voted to bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a covenant to maintain eligible property in agricultural use is breached solely as a result of a medically demonstrable illness or disability.
HB 1414. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create The Council of Magistrate Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council.

716

JOURNAL OF THE SENATE

HB 1344. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of preventing or attempting to prevent the lawful taking of wildlife; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforce ment officer.
HB 1418. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 5-6-13 of the Official Code of Georgia Annotated, relating to the granting of supersedeas in cases of contempt, so as to allow the trial court judge discretion to grant or refuse a supersedeas in subsequent convic tions of contempt involving repetitions of the conduct which formed the basis for the first conviction of contempt.
HB 1446. By Representative Wood of the 9th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility requirements for service cancelable educational loans to residents of Georgia who are members of the Georgia National Guard.
HB 1435. By Representatives Ware of the 77th, Robinson of the 96th, Buck of the 95th, Wood of the 9th, Thomas of the 69th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to regulated professions and businesses in general and to state examining boards, so as to provide that each state examining board, through the joint-secre tary of the state examining boards, shall maintain a central file on each person who holds a license, certificate, or other similar authority from the state examin ing board.
HB 1334. By Representatives Athon of the 57th and Childers of the 15th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require hospitals to request that anatomical gifts be made; to authorize the parents, legal guardian, or other au thorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death.
SB 120. By Senator Brown of the 47th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated relating to eligibility and application for a retirement allowance, early retirement, and amount of retirement allowance under the Georgia Legislative Retirement System, so as to increase the retirement allowance.
HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th:
A bill to amend Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations".
HB 1375. By Representatives Thomas of the 31st, Bishop of the 94th, Daugherty of the 33rd and Alien of the 127th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to

FRIDAY, FEBRUARY 14, 1986

717

require a notice of termination to be given to certain occupants of hotels, apart ment hotels, boarding houses, or inns; to specify the period of time which a no tice shall cover.
HB 1433. By Representative Aiken of the 21st: A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or oper ates a motor vehicle in a privately owned parking area provided by a merchant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 585. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Brantley County, Georgia.
HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.
HR 739. By Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th, Childs of the 53rd and others: A resolution designating the week beginning March 2, 1986, as "Women's History Week".
The House has agreed to the Senate amendments to the following bills of the House:
HB 345. By Representatives Thompson of the 20th and Cooper of the 20th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to pro vide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification.
HB 1281. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to repeal the defini tion of the term "money"; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
SB 264. By Senators Peevy of the 48th and Brown of the 47th: A bill to add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for the initial appointment and subsequent election of said judge.

718

JOURNAL OF THE SENATE

SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Ports Authority Act," so as to change the provisions relat ing to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County.
SB 186. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others: A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condem nation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 551. By Senator Greene of the 26th: A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restora tion fees; to provide for practices and procedures.
Referred to Committee on Judiciary and Constitutional Law.
SB 552. By Senator Greene of the 26th: A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws per taining to traffic and motor vehicles, so as to provide for the reinstatement of licenses; to provide for restoration fees; to provide for practices and procedures.
Referred to Committee on Judiciary and Constitutional Law.
SB 553. By Senator Stumbaugh of the 55th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to authorize agreements among insurers with respect to the equitable apportion ment of certain property and casualty insurance risks; to require that such agree ments apportioning property and casualty insurance risks be approved by the Commissioner of Insurance; to provide an effective date.
Referred to Committee on Insurance.

FRIDAY, FEBRUARY 14, 1986

719

SR 394. By Senator Cobb of the 28th:
A resolution creating the Health Care Supply and Financing Study Committee. Referred to Committee on Human Resources.
SR 396. By Senators Barnes of the 33rd, Greene of the 26th and Deal of the 49th:
A resolution creating the Senate Boat Operators Licensing Study Committee. Referred to Committee on Natural Resources.
SR 398. By Senators Trulock of the 10th and Timmons of the llth:
A resolution proposing an amendment to the Constitution so as to provide that Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and the state court shall be appointed initially by the Governor and shall periodically be required to run on their records; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1334. By Representatives Athon of the 57th and Childers of the 15th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require hospitals to request that anatomical gifts be made; to authorize the parents, legal guardian, or other au thorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death. Referred to Committee on Human Resources.
HB 1344. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of preventing or attempting to prevent the lawful taking of wildlife; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforce ment officer. Referred to Committee on Natural Resources.
HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others:
A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condem nation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain. Referred to Committee on Judiciary and Constitutional Law.
HB 1375. By Representatives Thomas of the 31st, Bishop of the 94th, Daugherty of the 33rd and Alien of the 127th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to require a notice of termination to be given to certain occupants of hotels, apart-

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JOURNAL OF THE SENATE

ment hotels, boarding houses, or inns; to specify the period of time which a no tice shall cover. Referred to Committee on Industry and Labor.
HB 1412. By Representatives Thomas of the 69th and Lee of the 70th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property de voted to bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a covenant to maintain eligible property in agricultural use is breached solely as a result of a medically demonstrable illness or disability.
Referred to Committee on Banking and Finance.
HB 1414. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create The Council of Magistrate Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organization and administration of the council.
Referred to Committee on Judiciary.
HB 1418. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 5-6-13 of the Official Code of Georgia Annotated, relating to the granting of supersedeas in cases of contempt, so as to allow the trial court judge discretion to grant or refuse a supersedeas in subsequent convic tions of contempt involving repetitions of the conduct which formed the basis for the first conviction of contempt.
Referred to Committee on Judiciary and Constitutional Law.
HB 1433. By Representative Aiken of the 21st:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass and related offenses, so as to provide that under certain circumstances a person who parks, stands, or oper ates a motor vehicle in a privately owned parking area provided by a merchant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment.
Referred to Committee on Public Safety.
HB 1435. By Representatives Ware of the 77th, Robinson of the 96th, Buck of the 95th, Wood of the 9th, Thomas of the 69th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to regulated professions and businesses in general and to state examining boards, so as to provide that each state examining board, through the joint-secre tary of the state examining boards, shall maintain a central file on each person who holds a license, certificate, or other similar authority from the state examin ing board. Referred to Committee on Governmental Operations.
HB 1446. By Representative Wood of the 9th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility requirements for service

FRIDAY, FEBRUARY 14, 1986

721

cancelable educational loans to residents of Georgia who are members of the Georgia National Guard. Referred to Committee on Defense and Veterans Affairs.
HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th: A bill to amend Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations".
Referred to Committee on Industry and Labor.
HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.
Referred to Committee on Rules.
HR 585. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Brantley County, Georgia.
Referred to Committee on Public Utilities.
HR 739. By Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th, Childs of the 53rd and others: A resolution designating the week beginning March 2, 1986, as "Women's History Week".
Referred to Committee on Rules.
HB 1724. By Representatives Greene of the 130th and Edwards of the 112th: A bill to amend an amendment to the Constitution providing for the office of sheriff of Chattahoochee County, which amendment was proposed by Resolution Act No. 196 of the 1972 General Assembly, so as to provide for the operating expenses required in discharging the duties of the office of sheriff.
Referred to Committee on Urban and County Affairs.
HB 1727. By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and Pannell of the 122nd: A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
Referred to Committee on Urban and County Affairs.
HB 1728. By Representative Ross of the 82nd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collec tor of Lincoln County into the office of Tax Commissioner of Lincoln County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1729. By Representatives Ross of the 82nd, Harris of the 84th and Hill of the 83rd: A bill to create the Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln.
Referred to Committee on Urban and County Affairs.

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HB 1730. By Representative Ross of the 82nd: A bill to provide for election of members of the Board of Education of Lincoln County.
Referred to Committee on Urban and County Affairs.
HB 1731. By Representative Ross of the 82nd: A bill to amend an Act creating the Board of Commissioners of Lincoln County, so as to change the composition of the board; to change the manner of electing the members of the board.
Referred to Committee on Urban and County Affairs.
HB 1733. By Representatives Dover of the llth and Jamieson of the llth: A bill to amend an Act reincorporating and providing a new charter for the City of Helen, so as to change the name of the governing authority of the City of Helen from the "city council" to the "city commission".
Referred to Committee on Urban and County Affairs.
HB 1735. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to provide for the election of the councilmen from numbered posts.
Referred to Committee on Urban and County Affairs.
HB 1736. By Representatives Padgett of the 86th, Walker of the 85th, Ransom of the 90th and Connell of the 87th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes appropriations not to exceed $75,000.00 per year to advertise and promote facilities and assets of Rich mond County and encourage location and expansion of business therein and at tract tourists thereto. Referred to Committee on Urban and County Affairs.
HB 1737. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th and Connell of the 87th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Richmond County to acquire and construct incinerators, garbage and refuse facilities, to fix charges for their use, to enter into leases and contracts, and to issue revenue bonds.
Referred to Committee on Urban and County Affairs.
HB 1738. By Representative Lord of the 107th: A bill to provide $10,000.00 homestead exemption for certain property from Washington County ad valorem taxes for certain residents of that county who have certain annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1739. By Representative Lord of the 107th: A bill to provide a $10,000.00 homestead exemption for certain property from Washington County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceed ing $10,000.00 and who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

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723

HB 1740. By Representative Birdsong of the 104th: A bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to provide for four-year terms of office for the mayor and council.
Referred to Committee on Urban and County Affairs.
HB 1743. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to provide for the compensation of the coroner of Ware County; to provide for the payment of such compensation; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county.
Referred to Committee on Urban and County Affairs.
HB 1744. By Representatives Pettit of the 19th, Childers of the 15th, Maddox of the 7th and McKelvey of the 15th: A bill to provide for an assistant district attorney for the Cherokee Judicial Cir cuit; to provide for the employment, powers, duties, term of office, compensation, and expenses of such assistant district attorney.
Referred to Committee on Urban and County Affairs.
HB 1747. By Representatives Mostiler of the 75th and Johnson of the 76th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 263 and which creates the Griffin Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1749. By Representatives Isakson of the 21st, Johnson of the 21st, Wilder of the 21st, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the supe rior court.
Referred to Committee on Urban and County Affairs.
HB 1750. By Representatives Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Aiken of the 21st, Lawler of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court.
Referred to Committee on Urban and County Affairs.
HB 1752. By Representative Waldrep of the 80th: 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 creation of the Monroe County Industrial Development Authority and provisions for its powers, authority, funds, purposes, and procedures.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills of the

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House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1346. Do pass as amended. HB 1376. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1386. Do pass. HB 1532. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 443. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 56. Do pass by substitute.

HB 1158. Do pass.

SB 400. Do pass by substitute.

HB 1175. Do pass as amended.

SB 482. Do pass.

HB 1177 Do pass by substitute.

SB 532. Do pass as amended.

SR 361. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 492. Do pass as amended. SB 537. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

FRIDAY, FEBRUARY 14, 1986

725

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1066. Do pass by substitute. HR 330. Do pass. HR 591. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 325. Do pass by substitute. HB 1572. Do pass by substitute.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1204. Do pass.

HB 1547. Do pass.

HB 1512. Do pass.

HB 1548. Do pass.

HB 1513. Do pass.

HB 1587. Do pass.

HB 1517. Do pass.

HB 1588. Do pass.

HB 1518. Do pass.

HB 1661. Do pass.

HB 1519. Do pass.

HB 1677. Do pass.

HB 1546. Do pass.

HB 1690. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 406. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules pursuant to the "Georgia Administrative Procedure Act," so as to change the procedures relating to the overriding of rules of agencies; to authorize either branch of the General Assembly to override a rule of an agency.

SB 427. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Annotated, relating to per diem allowances and expenses of members of the State Board of

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Education, so as to remove the limitation on days per annum for which expenses and allowances may be paid.
SB 429. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with officials from other states for the purpose of facilitating implementation and administration of fed eral grant programs administered by the State of Georgia; to provide an effective date.
SB 456. By Senator Barnes of the 33rd:
A bill to amend Code Section 44-14-470 of the Official Code of Georgia Anno tated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, so as to provide that the creation of such liens shall not be dependent upon the time elapsing from the date of injury to the date such care and treatment is provided.
SB 478. By Senator Harris of the 27th:
A bill to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional em ployees, so as to provide that certain notices required in such procedures must be given by certified mail.
SB 480. By Senators Broun of the 46th, Hudgins of the 15th, Kidd of the 25th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide minimum monthly salaries for certain full-time peace officers; to provide for applicability; to provide for a statement of intent; to provide for con struction; to provide an effective date.
SB 533. By Senators Deal of the 49th, Harris of the 27th and Albert of the 23rd:
A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipalities pursuant to application by 100 percent of the landowners, so as to prohibit annexations across county boundaries by use of the 100 percent method of annexation unless approved by the county governing authority.
SB 536. By Senator Allgood of the 22nd:
A bill to amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," so as to clarify the definition of the term "amusement ride"; to provide for a statement of intent; to provide an effective date.
SB 539. By Senator Foster of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain Judicial Circuit.

FRIDAY, FEBRUARY 14, 1986

727

SR 367. By Senator Kidd of the 25th:
A resolution urging the Board of Regents of the University System of Georgia to establish within the guidelines of the National Collegiate Athletic Association a five-year curriculum for students participating in college athletics.
SR 377. By Senators Horton of the 17th, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution creating the Study Commission on the Institution of the General Assembly.
HB 318. By Representatives Coleman of the 118th, Milford of the 13th, Buck of the 95th and Hanner of the 131st:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for pay ment to the fund of the sum of $1.00 in certain civil cases filed in the state courts and magistrate courts; to provide for retirement benefits to be paid for service of less than one year in certain instances; to provide for an increase in retirement benefits.
HB 365. By Representatives Coleman of the 118th, Ramsey of the 3rd, Buck of the 95th, Colbert of the 23rd and Hanner of the 131st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.
HB 397. By Representatives Lawler of the 20th and Johnson of the 72nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member.
HB 858. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Lee of the 72nd, Pettit of the 19th and others:
A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local budgets and audits, so as to require state agencies and depart ments to accept audits which meet the requirements of the federal Single Audit Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes the money or services granted by the state.
HB 969. By Representatives Bannister of the 62nd, Barnett of the 59th, Stancil of the 66th, Atkins of the 21st, Cheeks of the 89th and others:
A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to pro vide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft.
HB 1147. By Representative Johnson of the 72nd:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day.

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HB 1208. By Representatives Ray of the 98th, Sizemore of the 136th, Benefield of the 72nd, Lawler of the 20th, Heard of the 43rd and others:
A bill to amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational pur poses, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years.
HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad compa nies, so as to change certain venue provisions relative to actions against railroad or electric companies.
HB 1235. By Representative Wall of the 61st:
A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers.
HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commis sions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto.
HB 1357. By Representative Jackson of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to pro vide that duplicate license plates, county name decals, and revalidation stickers may be obtained from the county tag agent.
HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, so as to pro vide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications.
HB 1441. By Representative Mostiler of the 75th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to change cross ref erences to other laws and to provide for other matters relative thereto.

FRIDAY, FEBRUARY 14, 1986

729

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bwen rann.on Brantley Broun of 46th Brown of 47th
Bryant Burton
Cobb
Coleman
Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene TI "ams ^arnson
Hlne Holloway
Hudgins
Huggins
Kennedy Kidd

Land McGill McKenzie Perry Ray Reddish Scott of 2nd ,,. ^tarr u Stumbaugh
Tate Tolleson
Trulock
Turner
Tysinger Walker

Those not answering were Senators:

Bond Coverdell Garner Horton

Howard Langford Peevy

Phillips Scott of 36th Timmons

Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 397. By Senators Cobb of the 28th, Brown of the 47th, Dawkins of the 45th and 53 others:
A resolution expressing regret at the passing of Honorable Phil Peters.

SR 399. By Senators Bowen of the 13th, Garner of the 30th, Kennedy of the 4th and Tysinger of the 41st:
A resolution commending Trooper Joseph M. Gordon.

SR 400. By Senators Allgood of the 22nd and Albert of the 23rd: A resolution commending Augusta Area Technical School.

SR 401. By Senator Timmons of the llth: A resolution commending Doctor A. A. McNeill, Jr.

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 14, 1986
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 541 Harrison, 37th

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JOURNAL OF THE SENATE

City of Acworth Cobb County
Amends Act creating new charter for city; provides for compensation of mayor and aldermen; provides an effective date.
HB 1204 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Howard, 42nd Stumbaugh, 55th Tysinger, 41st Walker, 43rd Burton, 5th Peevy, 48th Phillips, 9th Starr, 44th Horton, 47th Fulton, DeKalb, Gwinnett, & Clayton Counties
Amends Act known as "Metropolitan Atlanta Rapid Transit Authority Act of 1965,"; deletes certain provisions regarding the participation by part-time and contract employees in group insurance and retirement plans; authorizes recognition of and collective bargaining with authorized representatives of employees of Authority.
HB 1512 Broun, 46th Oconee County
Amends Act known as "Oconee County Public Utility Authority Act"; changes name of Oconee County Public Utility Authority to "Oconee Utility Authority." Changes short title of said Act to reflect change in name of Au thority; changes method of selecting future members of Authority.
HB 1513 Reddish, 6th City of St. Mary's Camden County
Amends Act providing new charter for city; changes corporate limits of city.
HB 1517 Huggins, 53rd Walker County
Amends Act placing clerk of Superior Court of county on an annual salary; changes provisions relating to amount of funds for compensation of personnel of said officer.
HB 1518 Huggins, 53rd Walker County
Amends Act creating State Court; changes provisions relative to judge of said court and compensation and expense allowance of said judge; changes provi sions relative to compensation and expense allowance of solicitor of said court.

FRIDAY, FEBRUARY 14, 1986

731

HB 1519 Huggins, 53rd Walker County
Amends Act placing coroner on an annual salary; changes provisions relating to compensation of coroner.
HB 1546 Reddish, 6th City of Kingsland Camden County
Continues amendment which relates to creating the Kingsland Development Authority and provides for its powers, authority, funds, purposes, and proce dures.
HB 1547 Reddish, 6th Camden County
Authorizes governing authority of county to impose business and occupa tional license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of county.
HB 1548 Reddish, 6th Camden County
Continues amendment which relates to providing for the election of members of Board of Education of county by voters.
HB 1587 Broun, 46th Oconee County
Continues amendment which relates to election of chairman and members of Oconee County Board of Education.
HB 1588 Kidd, 25th Morgan County
Authorizes governing authority of county to impose business and occupa tional license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of county; authorizes governing authority of county to exercise police powers over such persons, firms, and corporations.
HB 1661 Broun, 46th Clarke County
Makes permanent certain existing Clarke Co. paid staff positions with the office of the district attorney of the Western Judicial Circuit, namely, the positions of one county paid assistant district attorney, two county paid criminal investigators, and one county paid secretary; provides for appoint ment.
HB 1677 McGill, 24th Greene County
Amends Act known as the "Greene County Development Authority Act"; changes provisions relating to membership of authority.
HB 1690 Harrison, 37th City of Acworth Cobb County
Continues amendment creating the Acworth Downtown Development Au thority.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brantley Brown of 47th Bryant Burton Coleman Dawkins Dean English Engram

Poster Garner Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Albert Barnes
Bralon Broun of 46th Cobb (excused)

Coverdell Deal
S2" Horton Langford

Ray Reddish
S< f 36th Trulock Walker

On the passage of all the local bills, the yeas were 39, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Friday, February 14, 1986
TWENTY-FOURTH LEGISLATIVE DAY
SB 391 Firefighter Applicant--criminal history record from Crime Information Center (SUBSTITUTE) (Pub Saf--45th)
SB 392 Firefighter Applicant--Public Safety furnish driving records (SUBSTITUTE) (Pub Saf--45th)
HB 1377 Emission Inspections--certain new motor vehicles (Trans--1st)
HB 1259 Supplementary Appropriations--year ending 6/30/86 (SUBSTITUTE) (Approp--12th)
SB 405 Superior Court Clerks--change minimum annual salary (SUBSTITUTE) (Gov Op--25th)
HB 1242 Vessel Pilotage--fees (Trans--1st)
SB 462 Driving Under the Influence Charge--contents of petition seeking nolo contendere (Judy--44th)
SB 489 Using Force Against Another Justifiably--not liable in civil action (SUBSTI TUTE) (J&CL--8th)

FRIDAY, FEBRUARY 14, 1986

733

HB 1120 Interest on Judgments--change rate under certain conditions (B&F--12th)
HB 1263 Missing Children Information Center--create (C&Y--33rd)
SB 395 Grandparent Visitation Rights--filing original pleading (C&Y--41st)
SB 397 Cocaine Trafficking--any mixture containing cocaine constitute crime (SUBSTI TUTE) (Judy--7th)
HB 1105 Spouse of Deceased Prisoner of War--eligible for special license plate (D&VA--3rd)
HB 1262 Child-Caring Institution--emergency relocation of residents (AMENDMENT) (C&Y--33rd)
HB 289 Physically Abused Child--authorize certain hearsay statements (C&Y--2nd)
HB 748 Bonds and Recognizances--release of surety from liability (SUBSTITUTE) (Judy--44th)
SR 365 Law Enforcement Officer Salary Incentive Study Committee--create (Pub Saf--4th)
HB 795 Private Detective, Security Licensure--change provisions (Pub Saf--28th)
HR 679 Navajo-Hopi Land Resettlement Act--urge Congress take actions to repeal (Nat R--28th)
HB 846 Raccoon Fur Seller's License--annual fee (Nat R--24th)
SB 474 Motor Vehicle Ad Valorem Taxation--redefine "driver educational motor vehi cle" (B&F--45th)
HB 416 Teachers Retirement--change provisions on reinstatement of membership (Ret--44th)
Respectfully submitted,
Is/ Holloway of the 12th, Chairman Senate Rules Committee
The following general bill of the Senate, having been committed to the Senate Commit tee on Judiciary and Constitutional Law, withdrawn and committed to the Senate Commit tee on Public Safety, and favorably reported by the committee, was read the third time and put upon its passage:
SB 391. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center gener ally, so as to authorize the center to make available to any local fire department upon request a copy of the criminal history record information of an applicant for employment as a firefighter.
The Senate Committee on Public Safety offered the following substitute to SB 391:
A BILL
To be entitled an Act to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center gen erally, so as to provide that criminal justice agencies shall make available to any local fire department upon request and without charge a copy of the criminal history record informa tion of an applicant for employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center generally, is amended by

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JOURNAL OF THE SENATE

striking the word "and" at the end of paragraph (13); by striking the period at the end of paragraph (14) and inserting in lieu thereof the following symbol and word "; and"; and by adding a new paragraph (15) to read as follows:
"(15) Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code 'J', of the crimi nal history record information of an applicant for employment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Dean

English Engram Foster Garner Greene Harris Harrison Hine Holloway Howard Hudgins Huggins Kennedy

Kidd McGill Peevy Perry Phillips Ray Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock

Those not voting were Senators:

Barnes
Bond Brannon Cobb (excused) Coverdell Deal

Fincher
G'llis Horton Land Langford McKenzie

Reddish
Scott of 36th ,, lurner Tysmger Walker

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 392. By Senators Dawkins of the 45th, Deal of the 49th and Greene of the 26th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to furnish the abstract of the driving records of certain persons to local fire departments.

FRIDAY, FEBRUARY 14, 1986

735

The Senate Committee on Public Safety offered the following substitute to SB 392:

A BILL
To be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to provide that criminal justice agencies shall furnish the abstract of the driving records of certain persons upon request to local fire departments without charge; to provide that it shall be unlawful to disclose any information pertaining to the abstract of the driving record except in the performance of official duties with the local fire department; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the pepartment of Public Safety and restrictions on the access to such records, is amended by striking subsection (g) in its entirety and substituting in lieu thereof new subsections (g) and (h) to read as follows:
"(g) Criminal justice agencies shall furnish without charge at the written request of a local fire department a copy of the abstract of the driving record of any applicant for em ployment. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such ab stract or to make any use thereof except in the performance of official duties with the local fire department.
(h) Except as otherwise provided in this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
n tley, , ct, Browns Brvant Burton Coleman Dawkins Dean English Engram

Foster Garner Gillis Greene Harris
Harrison Sine Holloway Howard Hudgins Huggins Kennedy Kidd Land

McGill Peevy Perry Phillips Ray
Reddish Scott of 2nd Starr Stumbaugh Tolleson Trulock Turner Tysinger Walker

736

JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Bond Brannon Cobb (excused) Coverdell

Deal Fincher Horton Langford

McKenzie Scott of 36th Tate Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1377. By Representatives Adams of the 36th and Jackson of the 9th:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Dean English

Foster Garner Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes
Bond Brannon Cobb (excused) Coverdell

Deal
Engram Fincher Horton Howard

Langford McKenzie
Scott of 36th Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 14, 1986

737

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.
Senate Sponsor: Senator Holloway of the 12th.
The Senate Committee on Appropriations offered the following substitute to HB 1259:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1985-1986 known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), so as to change certain appropriations for the State Fiscal Year 1985-1986; to change the revenue estimate; to make language and other changes; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), is amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1985, and ending June 30, 1986, as prescribed hereinafter for such State Fiscal Year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $4,972,000,000 for State Fiscal Year 1986.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch ....................................$ 18,308,851 Personal Services--Staff ..........................................$ 7,861,329 Personal Services--Elected Officials ................................$ 2,386,700 Regular Operating Expenses ...... ^. .............................. ^$ 1,500,624 Travel--Staff .....................................................$ 125,700 Travel--Elected Officials .............................................$ 5,000 Motor Vehicle Equipment Purchases ..................................$ --0-- Publications and Printing ..........................................$ 552,800 Equipment Purchases .............................................$ 404,022 Computer Charges ................................................$ 635,684 Real Estate Rentals ................................................$ 62,211 Telecommunications ...............................................$ 600,803 Per Diem, Fees and Contracts--Staff ...............................$ 487,750 Per Diem, Fees and Contracts--Elected Officials ....................$ 1,798,836 Postage ..................................... . . ...................$ 139,592 Photography .......................................................$ 65,000 Expense Reimbursement Account ..................................$ 1,132,800 Capital Outlay ....................................................$ 550,000 Total Funds Budgeted ...........................................$ 18,308,851 State Funds Budgeted ...........................................$ 18,308,851

738

JOURNAL OF THE SENATE

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total
Legislative Counsel's Office
Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Senate Functional Budgets

Total Funds

$ 3,145,820

$

406,448

$

968,417

$ 4,520,685

House Functional Budgets

Total Funds

$ 6,939,155

$

260,881

$ 1,073,901 $ 8,273,937 Joint Functional Budgets
Total Funds

$ 2,111,767

$ 1,306,442

$

720,594

$ 1,375,426

$ 5,514,229

State Funds

$ 3,145,820

$

406,448

$

968,417

$ 4,520,685

State Funds

$ 6,939,155

$

260,881

$ 1,073,901 $ 8,273,937

State Funds
2,111,767 1,306,442
720,594 1,375,426 5,514,229

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to ap proval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legisla tive Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the

FRIDAY, FEBRUARY 14, 1986

739

Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits ...............,.................$ 7,864,771

Operations Budget:

Personal Services.................................................$ 7,676,610

Regular Operating Expenses ........................................$ 240,000

Travel . . . . . ................................................. . . ... $ 665,000

Motor Vehicle Purchases ............................................$ 48,000

Publications and Printing ...........................................$ 25,500

Equipment Purchases. ..............................................$ 12,250

Per Diem, Fees and Contracts

....

$ 12,000

Real Estate Rentals ................... .^ .. ^. ................... ^. .$ 238,490

Computer Charges ................................................$ 120,000

Telecommunications ................................................$ 45,000

Total Funds Budgeted ............................................$ 9,082,850

State Funds Budgeted ..................$ 7,864,771

Total Positions Budgeted

212

Authorized Motor Vehicles

37

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ........................................$ 3,174,486

Section 4. Court of Appeals. Budget Unit: Court of Appeals ......................................$ 3,606,414

Section 5. Superior Courts. Budget Unit: Superior Courts ......................................$ 28,372,779 Operation of the Courts .........................................$ 27,051,452 Prosecuting Attorneys' Council .....................................$ 538,924 Sentence Review Panel ............................................$ 114,778 Council of Superior Court Judges ....................................$ 51,378 Judicial Administrative Districts ....................................$ 609,002 Habeas Corpus Clerk ................................................$ 7,245

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ........................................$ 188,462

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education.............. . . $ 280,912 Institute's Operations ............ .................................$ 263,500 Georgia Magistrate Courts Training Council ..........$ 17,412

Section 8. Judicial Council. Budget Unit: Judicial Council ........................................$ 640,621 Council Operations ................................................$ 552,486

740

JOURNAL OF THE SENATE

Payments to Judicial Administrative Districts for Case Counting
Board of Court Reporting

$ 67,100 $ 21,035

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission

$ 104,325

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Budget Unit: Department of

Administrative Services........................................ $ 45,431,995

Administrative Services Budget:

Personal Services

$ 31,010,663

Regular Operating Expenses

. .$ 7,214,022

Travel ........................................................ . . . $ 186,613

Motor Vehicle Equipment Purchases

. . . $ 378,330

Publications and Printing ....................................... $ 291,901

Equipment Purchases

$ 1,019,998

Computer Charges ............................................. . . $ 7,457,828

Real Estate Rentals .........

$ 2,819,982

Telecommunications

. . . $ 502,011

Per Diem, Fees and Contracts ................................... . . . $ 511,381

Rents and Maintenance Expense ................................ .$ 20,041,264

Utilities ....................................................... $ 32,700

Unemployment Compensation Reserve ........................... . . . . $ 11,552

State of Georgia General

Obligation Debt Sinking Fund ................................. .....$ --0--

Payments to DOAS

Fiscal Administration

$ 1,845,140

Direct Payments to Georgia

Building Authority for Capital Outlay .......................... $ 3,594,032

Direct Payments to Georgia

Building Authority for Authority Lease Rentals ................. $ 855,968

Direct Payments to Georgia

Building Authority for Operations ............................. . . . $ 695,103

Telephone Billings ............................................. . $ 29,292,784

Materials for Resale ............................................ $ 8,636,000

Public Safety Officers Indemnity Fund ........................... . . $ 608,800

Health Planning Review Board Operations ....................... ... $ 55,000

Georgia Golf Hall of Fame Operations ........................... . . $ 30,000

Unemployment Compensation Payments ......................... . $ 2,650,000

Comprehensive General Liability

Reserve Fund ................................................ . $ 2,500,000

Hazardous Materials Liability

Reserve Fund ................................................ $ 1,000,000

Total Funds Budgeted .......................................... $ 123,241,072

State Funds Budgeted .......................................... $ 45,431,995

Total Positions Budgeted

1,006

Authorized Motor Vehicles

300

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration

Pos.

Total Funds

State Funds

6$

328,502 $

328,502

43 $ 7,037,255 $ 7,037,255

FRIDAY, FEBRUARY 14, 1986

741

Treasury and Fiscal Administration
Central Supply Administration
Procurement Administration
General Services Administration
Space Management Administration
Data Processing Services
Motor Vehicle Services Communication Services
Printing Services Surplus Property Services
Mail and Courier Services
Risk Management Services Undistributed
Total

30 $
27 $
52 $
12 $
12 $ 540 $ 23 $ 122 $ 60 $ 40 $
11 $ 28 $ 0$ 1,006 $

Building Authority ity Budget: Personal Services. Regular Operating Expleenses .............. Travel .......... Motor Vehicle Eqi tent Purchases ...... Publications and Printiing ................ Equipment Purchases Computer Charges . . . Real Estate Rentals . Telecommunications . Per Diem, Fees and Coantracts ............ Capital Outlay . . . Authority Lease RentaJls ................. Utilities ......... Payments to DOA r General Obligation Debt king Fund .......... Facilities Renovati and Repairs ..... Total Funds Budgeted . State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

Section 11. Departrm if Agriculture. A. Budget Unit: Dep; lent of Agriculture .
State Operations Budget: Personal Services. Regular Operating Exp>eennses............... Travel .......... Motor Vehicle Eqi lent Purchases ...... Publications and Print'iinng ................ Equipment Purchases Computer Charges .

14,826,280 $ 12,981,140

8,604,348 $

-- 0--

2,273,127 $ 2,273,127

512,821 $

-- 0--

442,971 45,501,134 2,267,469 34,007,611 4,578,652
1,316,424 369,977
1,174,501 -- 0--
123,241,072

$

442,971

$ 16,369,000

$

-- 0--

$ 6,000,000

$

-- 0--

$

-- 0--

$

-0-

$

-- 0--

$

-- 0--

$ 45,431,995

.........$ --0--

......$ 14,842,173 .......$ 3,353,461 ..........$ 4,000 .........$ 34,600 ....... . $ 30,000 .........$ 94,860 ..........$ --0-- .........$ 46,296 .........$ 84,679
.... $ 120,000 .......$ 3,800,000 ........$ 855,968 .......$ 6,953,164

..........$ --0-- ..........$ --0-- ......$ 30,219,201 ..........$ --0--
542 39

......$ 31,053,215
......$ 23,576,567 .......$ 2,233,472 ........$ 854,358 ........$ 276,313
.....$ 604,546 ....... . $ 203,716 ........$ 170,000

742

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton
Veterinary Laboratories Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro Veterinary Fees ....................... Indemnities Bee Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Renovation, Construction, Repairs and Maintenance Projects at Major and Millor Markets Capital Outlay Contract--Federation of Southern Cooperatives Tick Control Program . . . . . Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

Department of Agriculture Functional Budgets

Pos.

Total Funds

Plant Industry

120 $ 5,855,983

Animal Industry

56 $ 5,874,022

Marketing General Field Forces

44 $ 113 $

2,289,649 2,899,192

Internal Administration Information and Education

58 $ 8$

3,328,198 1,209,847

Fuel and Measures
Consumer Protection Field Forces

71 $ 155 $

2,042,837 5,077,174

Meat Inspection

122 $ 3,600,113

Major Markets

106 $ 4,541,341

Seed Technology
Entymology and Pesticides

8$ 51 $

276,489 1,637,022

Undistributed

0$

-- 0--

Total

912 $ 38,631,867

B. Budget Unit: Georgia Agrirama Development Authority ..............
Georgia Agrirama Development Authority Budget: Personal Services ............................ Regular Operating Expenses...................
Travel ......................................

$ 601,167 $ 350,557 $ 287,910 $ 520,500
> 1,940,209

> 1,313,370 $ 547,250 $ 98,000 $ 80,000 $ 95,000
$ 393,932

......$ 1,900,000 ......$ 2,475,000
........$ 60,000 ........$ 50,000 .....$ 38,631,867 .....$ 31,053,215
912 276

State Funds $ 5,482,695 $ 5,507,135 $ 2,281,649 $ 2,899,192 $ 3,220,797 $ 1,209,847 $ 2,037,837

$ 4,112,424

$ 1,452,943

$ 1,387,674

$

25,000

$ 1,456,022

$

-0--

$ 31,053,215

. . . . $ --0--
. . $ 423,733 . . $ 115,715 ... $ 7,000

FRIDAY, FEBRUARY 14, 1986

743

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ........ ^. ........................... ^ ....$ 14,064

Equipment Purchases. ...............................................$ 3,175

Computer Charges ..................................................$ --0--

Real Estate Rentals . . . . . .............. ..................... ....... . . $ --0--

Telecommunications .................................................$ 8,000

Per Diem, Fees and Contracts .......................................$ 27,270

Capital Outlay ....................................................$ 220,000

Goods for Resale ...................................................$ 73,500

Total Funds Budgeted .............................................$ 892,457

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

28

Authorized Motor Vehicles

8

Section 12. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance ................. . . . $ 4,494,594

Administration and Examination Budget:

Personal Services.................................................$ 3,542,759

Regular Operating Expenses ........................................$ 175,404

Travel ...........................................................$ 277,043

Motor Vehicle Equipment Purchases ................................$ 135,302

Publications and Printing ...........................................$ 14,300

Equipment Purchases ...............................................$ 14,926

Computer Charges ................................................$ 136,827

Real Estate Rentals ...............................................$ 151,130

Telecommunications ................................................$ 44,903

Per Diem, Fees and Contracts ........................................$ 2,000

Total Funds Budgeted ............................................$ 4,494,594

State Funds Budgeted ............................................$ 4,494,594

Total Positions Budgeted

104

Authorized Motor Vehicles

30

Section 13. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ....................$ 6,311,903
State Operations Budget: Personal Services.................................................$ 4,036,325 Regular Operating Expenses ........................................$ 135,040 Travel ...........................................................$ 187,900 Motor Vehicle Equipment Purchases .................................$ 24,000 Publications and Printing ...........................................$ 70,025 Equipment Purchases ................................................$ 7,072 Computer Charges .................................................$ 21,000 Real Estate Rentals ...............................................$ 205,692 Telecommunications ................................................$ 84,900 Per Diem, Fees and Contracts .......................................$ 84,430 Capital Felony Expenses .............................................$ --0-- Contracts with Area Planning and Development Commissions ..................................$ 1,282,500 Local Assistance Grants ...........................................$ 960,200 Appalachian Regional Commission Assessment ........................ $ 83,320 Community Development Block Grants (Federal) ..............................................$ 35,900,000 Juvenile Justice Grants (Federal) ..................................$ 1,000,000 Grant--Richmond County ...........................................$ --0-- Economic Development Grants .....................................$ 150,000 Payment to Georgia Development Authority .........................$ 380,000 Technical Assistance to S.D.A. .......................................$ --0--

744

JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 44,612,404 $ 6,311,903
106 7

Department of Community Affairs Functional Budgets

Pos.

Total Funds

Executive and Administrative

18 $ 3,424,631 $

Technical Assistance

29 $ 2,244,693 $

Community and Economic Development

38 $ 37,842,419 $

Intergovernmental Assistance

18 $

960,648 $

Job Training Partnership Act

3$

140,013 $

Undistributed

0$

--0-- $

Total

106 $ 44,612,404 $

State Funds
3,369,131 1,049,994
1,136,394
756,384 -- 0-- -- 0--
6,311,903

B. Budget Unit: Authorities ...................................... ......$ --0--

Operations Budget:

Personal Services .............................................. . . . $ 2,530,628

Regular Operating Expenses .................................... . ... $ 332,004

Travel ....................................................... .... $ 79,379

Motor Vehicle Equipment Purchases ............................ .....$ 84,842

Publications and Printing ...................................... .....$ 64,121

Equipment Purchases. ......................................... .....$ 76,302

Computer Charges ............................................ .....$ 40,865

Real Estate Rentals ........................................... $ 164,062

Telecommunications ........................................... .....$ 74,253

Per Diem, Fees and Contracts .................................. . . . . $ 163,555

Rental Assistance Payments .................................... .$ 11,500,000

Grants to Housing Sponsors .................................... $ 500,000

Total Funds Budgeted ......................................... $ 15,610,011

State Funds Budgeted ......................................... ......$ --0--

Total Positions Budgeted

87

Authorized Motor Vehicles

37

Authorities Functional Budgets

Pos.

Total Funds

State Funds

Georgia Residential Finance Authority

81 $ 15,230,011 $

--0--

Georgia Development Authority

6$

380,000 $

Undistributed

0$

--0- $

Total

87 $ 15,610,011 $

Section 14. Department of Corrections. A. Budget Unit: Departmental Operations
Departmental Operations Budget: Personal Services. .................... Regular Operating Expenses........... Travel .............................. Motor Vehicle Equipment Purchases

$ 26,310,636
$ 10,267,004 . . . $ 770,408 . . . $ 379,626 . . . $ 809,800

FRIDAY, FEBRUARY 14, 1986

745

Publications and Printing
Equipment Purchases
Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities ..................... County Subsidy County Subsidy for Jails Court Costs Central Repair Fund Grants for County
Workcamp Construction Local Jail Equipment Grants Grants for Local Jails Payments to Georgia
Correctional Industries Total Funds Budgeted Indirect DOAS Funding State Funds Budgeted ........ Total Positions Budgeted Authorized Motor Vehicles

$ 62,400 . $ 236,767 $ 1,513,485 $ 1,106,277 . $ 312,878 $ 1,026,529 . $ 50,000 $ 7,542,000
$ 493,092 $ 353,000 . $ 564,800
$ 600,000 ... $ --0--
$ 500,000
$ 391,700 26,979,766 . $ 450,000 26,310,636
338 92

Departmental Operations Functional Budgets

leral Administration nd Support
lit Facilities nd Programs
lining and taff Development
distributed
Tot,aal

Pos.

Total Funds

State Funds

188 $ 11,315,056 $ 10,865,056

121 $ 14,121,865 $ 13,902,735

29 $ 1,542,845 $ 1,542,845

0$

--o-- $

-- 0--

338 $ 26,979,766 $ 26,310,636

B. Budget Unit: Correctional Institutions,

Transitional Centers and Support ...

.......................$ 154,608,489

Institutional Operations Budget:

Personal Services

...

.......................$ 104,745,416

Regular Operating Expenses .............. ........................$ 19,591,515

Travel ................................. ...........................$ 92,817

Motor Vehicle Equipment Purchases

.........................$ 1,544,800

Publications and Printing ................ ...........................$ 88,000

Equipment Purchases ................... .........................$ 3,349,935

Computer Charges ...................... ............................$ --0--

Real Estate Rentals ..................... ..........................$ 294,430

Telecommunications ..................... . . . . ..................... . $ 961,823

Per Diem, Fees and Contracts ............ ..........................$ 231,079

Utilities ................................ .........................$ 7,397,100

Payments to Central State

Hospital for Meals .................... .........................$ 2,430,900

Payments to Central State

Hospital for Utilities .................. .........................$ 1,224,000

Payments to Public Safety

for Meals ............................. ...........................$ 70,434

Inmate Release Funds ................... ..........................$ 880,000

746

JOURNAL OF THE SENATE

Health Service Purchases .................. Payments to the Medical
Association of Georgia for Jail and Prison Health Care Certification. University of Georgia-- Cooperative E xtension Service Contracts . Minor Construe ion Fund ................. Authority Lease Rentals .................. Capital Outlay .
dgeted .................... igeted .................... Budgeted MT Vehicles

rrectional Institutions, Transitional Centers, and Support Functional Budgets

Pos.

Total Funds

Georgia Training and Development Center

70 $ 1,973,572

Georgia Industrial Instituute

296 $ 7,768,403

Alto Education and Evaluation Center

39 $ 1,438,659

Georgia Diagnostic and Classification Center

360 $ 8,644,692

Georgia State Prison

717 $ 17,569,617

Consolidated Branches

525 $ 13,734,480

Middle Georgia Correctional Institutionn

818 $ 19,569,308

Jack T. Rutledge Correctional Institutionn

148 $ 3,891,742

Central Correctional Insttitution

138 $ 3,425,090

Metro Correctional Institution

183 $ 4,367,715

Coastal Correctional Insttitution

179 $ 4,383,393

Central Funds

7 $ 11,938,999

D.O.T. Work Details

32 $

678,428

Food Processing and Distribution

210 $ 12,477,132

Farm Operations

39 $ 5,462,814

Dodge Correctional Institution

143 $ 3,346,249

Transitional Centers

117 $ 3,487,679

Augusta Correctional andd Medical Institution

255 $ 5,774,632

Health Care

298 $ 19,913,503

Richard H. Rogers Correctional Institution

145 $ 3,577,227

Forsyth Correctional Institution

141 $ 2,685,155

Federal Grants

0$

104,000

Undistributed

0$

-- 0--

Total

4,860 $ 156,212,489

$ 10,946,930
$ 42,909
.......$ 217,000 .......$ 802,401 .......$ 440,000 .......$ 861,000 . . . .$ 156,212,489 . . . .$ 154,608,489
4,860 389

State Funds

$ 1,973,572 $ 7,768,403

$ 1,438,659

$ 8,644,692 $ 17,569,617 $ 13,644,440

$ 19,569,308

$ 3,891,742

$ 3,425,090

$ 4,367,715

$ 4,324,893

$ 11,938,999

$

-0-

$ 11,829,100 $ 5,437,814 $ 3,346,249 $ 3,487,679

$ 5,774,632 $ 19,913,503

$ 3,577,227

$ 2,685,155

$

-0-

$

-0-

$ 154,608,489

FRIDAY, FEBRUARY 14, 1986
C. Budget Unit: Board of Pardons and Paroles .................................
Board of Pardons and Paroles Budget: Personal Services........................ Regular Operating Expenses Travel ................................. Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges ...................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
D. Budget Unit: Georgia Correctional Industries .............................
Georgia Correctional Industries Budget: Personal Services. ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Equipment Purchases ...... Publications and Printing ................ Equipment Purchases ................... Computer Charges Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Cost of Sales ........................... Repayment of Prior Year's Appropriations Capital Outlay .......................... Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles
E. Budget Unit: Division of Probations ...... Operations Budget: Personal Services........................ Regular Operating Expenses Travel ................................. Motor Vehicle Equipment Purchases ...... Publications and Printing ................ Equipment Purchases ................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Utilities ................................ Per Diem, Fees and Contracts ............ Capital Outlay .......................... Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted

747
.$ 13,779,707
$ 11,163,650 $ 380,061
... $ 443,482 $ 50,000
.... $ 41,774 $ 118,050 $ 174,214 $ 770,219
... $ 335,510 $ 64,460
... $ 248,425 $ 13,789,845 .$ 13,779,707
470 31
.....$ --0--
$ 2,272,330 . . . $ 894,000
$ 61,000 . $ 187,000 ... $ 9,500
$ 396,000 .....$ 1,900 . . . . $ 95,000 . ... $ 68,500
$ 344,300 . . $ 6,245,000 . . . . $ 84,000 . . . $ 391,700 .$ 11,050,230 .....$ --0--
83 19
. $ 30,948,726
. $ 30,584,483 ... $ 898,670 ... $ 530,204
$ 19,000 $ 90,950 . . . $ 326,738
. . . $ 881,061 . . . $ 452,350 . . . $ 307,002 . ... $ 12,000 . . . $ 200,800 $ 34,303,258 . $ 30,948,726
1,307

748

JOURNAL OF THE SENATE

Authorized Motor Vehicles

Division of Probations Functional Budgets

Pos.

Total Funds

Probation Administration

24 $

750,485

Probation Field Operations

1,071 $ 27,461,887

Diversion Centers Undistributed

212 $ 0$

6,090,886 --0--

Total

1,307 $ 34,303,258

Section 15. Department of Defense. Budget Unit: Department of Defense Operations Budget: Personal Services.................... Regular Operating Expenses.......... Travel ............................ Motor Vehicle Equipment Purchases . Publications and Printing ............ Equipment Purchases .............. Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts Utilities ............................ Grants to Locals--EMA (P&A) M/S . Grants--Others ..................... Georgia Military Institute Grant...... Civil Air Patrol Contract ........... Capital Outlay ...................... Grants to Armories.................. Repairs and Renovations............ Total Funds Budgeted .............. State Funds Budgeted ............... Total Positions Budgeted Authorized Motor Vehicles

Department of Defense Functional Budgets

Pos.

tal Funds

Office of the Adjutant General

2,429,854

Georgia Emergency Management Agency

39

2,310,442

Georgia Air National Guard

74

2,762,104

Georgia Army National Guard

93

5,459,348

Undistributed

0

Total

228 $ 12,961,748

Section 16. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education Operations: Personal Services. .................... Regular Operating Expenses. .......... Travel ..............................

122

State Funds

$

620,485

$ 25,027,355

$ 5,300,886

$

--0--

$ 30,948,726

. . $ 4,476,259
$ 5,797,865 .$ 1,715,422 . . . $ 61,820
$ 16,800 . $ 35,167 . $ 340,142 ... $ 32,802 . . . . $ 6,160 . . . $ 78,058 . . $ 982,551 .$ 1,543,065 . $ 1,160,025 . . $ 337,782 . . . $ 18,000 . . $ 42,000 ... $ 14,026 . $ 477,500 . . $ 302,563 $ 12,961,748 $ 4,476,259
228 20

State Funds

$ 1,199,823

$

814,287

$

362,398

$ 2,099,751

$ 4,476,259

$ 1,863,879,966
...$ 31,173,921 . . $ 3,191,938 .....$ 983,646

FRIDAY, FEBRUARY 14, 1986

749

Motor Vehicle Equipment Purchases .................................$ 18,968

Publications and Printing ..........................................$ 621,578

Equipment Purchases ..............................................$ 329,582

Computer Charges ............................................... $ 2,826,697

Real Estate Rentals

..................................$ 1,974,488

Telecommunications

.... $ 641,528

Per Diem, Fees and Contracts .....................................$ 9,734,443

Utilities ........................... .............................$ 1,061,250

Capital Outlay

............................$ 20,000

APEG Grants:

Salaries of Instructional

Personnel Code Section 20-2-157(a) ............................$ 762,889,231

Salaries of Instructional

Personnel Code Section 20-2-152 ..............................$ 134,214,745

Salaries of Instructional

Personnel Code Section 20-2-153 ...............................$ 74,645,607

Salaries of Student Supportive Personnel ..........................$ 33,364,544

Salaries of Administrative

and Supervisory Personnel .....................................$ 87,761,713

Special Education Leadership Personnel ............................$ 3,824,472

Instructional Media .............................................$ 20,567,706

Instructional Equipment ...........................................$ 717,192

Maintenance and Operation .....................................$ 102,288,124

Sick and Personal Leave..........................................$ 5,717,971

Travel ..........................................................I 1,051,882

Public Transportation ...........................................$ 92,704,476

Isolated Schools ...................................................$ 673,600

Mid-Term Adjustment

........$ 16,413,636

Non-APEG Grants:

Education of Children of

Low-Income Families ............................ . . ... . . .......$ 78,364,380

Teacher Retirement .......................................... . . $ 153,975,458

Instructional Services for

the Handicapped ..................... . . ... . . ..................$ 22,688,125

Preparation of Professional

Personnel in Education of Handicapped Children ....................$ --0--

Tuition for the Multi-handicapped............................... . $ 1,472, 504

Severely Emotionally Disturbed .................................,$ 20,196,850

Compensatory Education .........................................$ 18,601,401

School Lunch (Fed.) ............................................$ 110,667,400

School Lunch (State) ............................................$ 19,515,543

Innovative Programs

.......$ 288,000

Staff Development ................................................$ 800,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance Based Certification ....................$ 4,896,326

Cooperative Educational Service Areas .............................$ 4,905,626

Superintendents Salaries ..........................................$ 6,220,178

High School Program ........$ 34,959,229

Education Technology Grants .....................................$ 1,000,000

Governor's Scholarship

.... $ 250,000

Special Projects ...................................................$ 493,700

Job Training and Partnership Act .................................$ 7,000,000

Vocational Research and Curriculum ................................$ 366,540

Adult Education ...............$ 3,274,741

Salaries and Travel of Public Librarians ............................$ 6,228,412

750

JOURNAL OF THE SENATE

Public Library Materials3 ................. Talking Book Centers Public Library M & O Public Library Construc:ttiion .............. Instructional Aides Teacher Health Insurancce ................ Health Insurance--Non
Certificated Personnel Teacher Health Insuranccee----
Retired Teachers Transition Program Fo Refugee Children Grants to Local School
Systems for Educatic lal Purposes Title III--Math/Science Grants ........... Local School Systems
Computer Equipment Salaries of Extended
Pre-School Personnel Local School Constructioon ............... Child Care Lunch Proj am (Federal) Local School Construe! on (Asbestos) . . . . . Chapter II--Block Gra t Flow Through Total Funds Budgeted Indirect DOAS Service Funding ......... State Funds Budgeted Total Positions Authorizzeed Authorized Motor Vehic:lles

lucation Functional Budgets

Pos.

Total Funds

Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Planning and Development Professional Standards
Commission Vocational Advisory Council Professional Practices
Commission Georgia Academy for
the Blind Georgia School for
the Deaf Atlanta Area School
for the Deaf Local Programs Undistributed Total

159 $ 2$ 73 $ 42 $ 47 $
202 $ 101 $

6,967,886 806,807
4,296,685 1,721,341 6,041,298 8,630,737 9,676,174

3$ 2$

177,750 200,000

7$

458,979

147 $ 3,586,126

224 $ 6,644,501

103 $ 3,369,755

0 $ 2,081,456,415

0$

-- 0--

1,112 $ 2,134,034,454

......$ 3,839,970 .......$ 674,405 ......$ 2,985,849
.....$ 10,407,037 .....$ 47,380,958
.....$ 21,624,000
......$ 7,807,000 .......$ 206,771
.....$ 78,000,000 ...... $ 1,097,617
.....$ 10,730,000
.........$ --0-- $ 41,475,840
.....$ 13,500,000 ........$ 25,000 ...... $ 8,702,656 . $ 2,134,034,454 ... $ 340,000 . $ 1,863,879,966
1,112 56

State Funds

$ 4,138,973

$

791,807

$ 2,303,688

$

778,574

$ 4,592,677 $ 5,334,051

$ 8,842,392

$

177,750

$

-- 0--

$

458,979

$ 3,278,015

$ 6,293,974

$ 3,104,070

$ 1,823,782,016

$

-- 0--

$ 1,863,879,966

FRIDAY, FEBRUARY 14, 1986

B. Budget Unit: Board of Postsecondary Vocational Education
Board of Postsecondary Vocational Education Budget:
Personal Services Regular Operating Expenses.......... Travel ............................. Motor Vehicle Equipment Purchases Publications and Printing ............ Equipment Purchases Computer Charges Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Utilities ........................... Area School Construction ... Area-School Program ............... Junior College Program ............. Quick Start........................ Capital Outlay ..................... Total Funds Budgeted .............. State Funds Budgeted .............. Total Positions Budgeted
Board of Post Secondary Functional Budgets

State Operations
North Georgia VocationalTechnical School
South Georgia VocationalTechnical School
Undistributed
Total

Pos.

Total Funds

46 $ 79,211,345

107 $ 4,728,654

93 $ 0$

4,004,288 --0--

246 $ 87,944,287

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System Employees' Retirement System Budget: Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Equipment Purchases ...... Publications and Printing ................ Equipment Purchases ................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Postage ................................ Benefits to Retirees ..................... Employer Contribution .................. Total Funds Budgeted................... State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

751
$ 75,936,618
. $ 7,067,082 . $ 1,348,888
$ 108,699 . $ 38,500 . $ 40,062 . . $ 873,169 . $ 140,708
$ 150,328 ... $ 81,432 .$ 1,067,175 . . $ 913,500 $ 1,595,300 $ 68,712,873 .$ 2,451,521 $ 3,275,500 . . . $ 79,550 $ 87,944,287 $ 75,936,618
246
State Funds
69,215,097
3,552,704
3,168,817 --0--
75,936,618
$ 678,232 . $ 11,675 . $ 7,500
. $ 21,150 . $ 3,100 $ 155,119 $ 74,046 . $ 11,779 $ 538,500 $ 65,000 . . $ --0-- . . $ --0-- i 1,566,101 . . $ --0--
27 1

752

JOURNAL OF THE SENATE

Section 18. Forestry Commission.

Budget Unit: Forestry Commission

. . . .$ 29,418,262

State Operations Budget:

Personal Services ............................................ $ 21,790,319

Regular Operating Expenses .................................. .....$ 5,573,378

Travel ..................................................... ......$ 130,113

Motor Vehicle Equipment Purchases

.....$ 1,784,351

Publications and Printing .................................... .......$ 86,559

Equipment Purchases

.....$ 2,563,033

Computer Charges .......................................... .......$ 63,738

Real Estate Rentals

.......$ 18,211

Telecommunications

......$ 575,055

Per Diem, Fees and Contracts

......$ 310,871

Contractual Research

......$ 250,000

Payments to the University of

Georgia, School of Forestry

for Forest Research ....................................... ......$ 300,000

Ware County Grant . . . . .

.......$ 90,000

Wood Energy Program ...................................... .......$ 93,582

Capital Outlay .............................................. ......$ 150,000

Total Funds Budgeted

. . .$ 33,779,210

State Funds Budgeted ....................................... . . . .$ 29,418,262

Total Positions Budgeted

880

Authorized Motor Vehicles

763

Forestry Commission Functional Budget

Pos.

Total Funds

State Funds

Reforestation

55 $ 3,723,075 $ 1,567,175

Field Services

794 $ 28,102,253 $ 25,905,205

Wood Energy

1$

93,582 $

93,582

General Administration and Support

30 $ 1,860,300 $ 1,852,300

Undistributed

0$

--0-- $

-- 0--

Total

880 $ 33,779,210 $ 29,418,262

Section 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation ................... . . . .$ 25,442,415

Operations Budget:

Personal Services. ........................................... .... $ 16,779,062

Regular Operating Expenses .................................. .....$ 1,665,906

Travel ..................................................... ......$ 525,000

Motor Vehicle Equipment Purchases .......................... ... $ 1,050,000

Publications and Printing ....................................

. $ 90,785

Equipment Purchases. ....................................... ... $ 838,370

Computer Charges .......................................... .....$ 2,460,363

Real Estate Rentals ......................................... ... $ 1,446,807

Telecommunications ......................................... . $ 1,219,524

Per Diem, Fees and Contracts ................................ .... $ 80,710

Evidence Purchased ......................................... ...... $ 380,000

Utilities .................................................... .... $ 89,966

Postage ....................................................

$ 69,190

Capital Outlay .............................................. ......$ 146,732

Total Funds Budgeted ....................................... . . . .$ 26,842,415

Indirect DOAS Funding ..................................... .....$ 1,400,000

Total State Funds Budgeted ................................. . . . .$ 25,442,415

FRIDAY, FEBRUARY 14, 1986

753

Total Positions Budgeted Authorized Motor Vehicles

Georgia Bureau of Investigation Functional Budgets

Pos.

Total Funds

Administration

23 $ 2,529,769

Drug Enforcement

82 $ 4,930,203

Investigative

206 $ 9,126,631

Forensic Sciences

93 $ 4,218,601

Georgia Crime Information Center

103 $ 6,037,211

Undistributed

0$

-- 0--

Total

507 $ 26,842,415

507 320

State Funds $ 2,529,769 $ 4,930,203 $ 9,126,631 $ 4,218,601

$ 4,637,211

$

-- 0--

$ 25,442,415

Section 20. Georgia State Financing

and Investment Commission.

Budget Unit: Georgia State Financing and

Investment Commission .................................... .......$ --0--

Departmental Operations Budget:

Personal Services ............................................. .....$ 905,224

Regular Operating Expenses

......$ 29,275

Travel ...................................................... ....... $ 9,000

Motor Vehicle Equipment Purchases

Publications and Printing ..................................... .......$ 1,200

Equipment Purchases. ........................................ .......$ 2,325

Computer Charges ........................................... ... $ 13,238

Real Estate Rentals .......................................... ... $ 86,130

Telecommunications .......................................... ......$ 11,100

Per Diem, Fees and Contracts ................................. .....$ 110,000

Total Funds Budgeted ........................................ ....$ 1,167,492

Total Expenditures Authorized ................................ . . . .$ 1,167,492

State Funds Budgeted ........................................ .......$ --0--

Total Positions Budgeted

21

Section 21. Office of the Governor. A. Budget Unit: Governor's Office ................................ $ 5,850,981
1. Governor's Office Budget: Cost of Operations ........................................... $ 2,253,561 Mansion Allowance ........................................... ......$ 40,000 Governor's Emergency Fund ................................... .... $ 2,862,474 Intern Stipends and Travel ................................... .....$ 130,000 Total Funds Budgeted ........................................ . . . . $ 5,286,035 State Funds Budgeted ........................................ ... $ 5,286,035

2. Office of Fair Employment Practices
Budget: Personal Services ...................................................$ 472,801 Regular Operating Expenses ................................... ......$ 10,115 Travel ...................................................... .... $ 10,815 Motor Vehicle Equipment Purchases ...................................$ --0-- Publications and Printing .............................................$ 2,825 Equipment Purchases. ................................................$ --0-- Computer Charges ...................................................$ --0-- Real Estate Rentals .......................................... ... $ 56,900 Telecommunications ......................................... .......$ 11,740

754

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts

Total Funds Budgeted ..............

State Funds Budgeted

Total Positions Budgeted

Budget Unit Object Classes:

Cost of Operations .................

Mansion Allowance .................

Governor's Emergency Fund

Intern Stipends and Travel

Personal Services. ..................

Regular Operating Expenses

Travel ............................

Motor Vehicle Equipment Purchases

Publications and Printing ...........

Equipment Purchases.

...

Computer Charges

Real Estate Rentals ................

Telecommunications ................

Per Diem, Fees and Contracts .......

Total Positions Budgeted

Authorized Motor Vehicles

. $ 59,750 $ 624,946 $ 564,946
15
j 2,253,561 $ 40,000
5 2,862,474 $ 130,000 $ 472,801 $ 10,115 $ 10,815
$ --0--
. . $ 2,825 . . . $ --0--
. $ --0--
$ 56,900 . $ 11,740 . $ 59,750
15 0

B. Budget Unit: Office of Planning and Budget ........................$ 3,668,539

Office of Planning and Budget Budget:

Personal Services .................................................$ 3,105,917

Regular Operating Expenses .........................................$ 93,205

Travel ............................................................$ 68,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 35,360

Equipment Purchases ...............................................$ 5,000

Computer Charges ................................................$ 135,500

Real Estate Rentals ...............................................$ 190,840

Telecommunications ................................................$ 55,000

Per Diem, Fees and Contracts ......................................$ 218,500

Total Funds Budgeted ............................................$ 3,907,322

State Funds Budgeted ............................................$ 3,668,539

Total Positions Budgeted

74

Authorized Motor Vehicles

0

C. Budget Unit: Units Attached for Administrative Purposes Only ..................................................$ 4,986,720
Attached Units Budget: Personal Services .................................................$ 2,936,006 Regular Operating Expenses ........................................$ 129,660 Travel ............................................................$ 90,834 Motor Vehicle Equipment Purchases ..................................$ 2,500 Publications and Printing ..........................................$ 116,738 Equipment Purchases. ..............................................$ 16,370 Computer Charges .................................................$ 45,846 Real Estate Rentals ...............................................$ 250,035 Telecommunications ...............................................$ 143,585 Per Diem, Fees and Contracts .....................................$ 5,617,448 Art Grants--State Funds .......................................,.$ 1,809,971 Art Grants--Federal Funds ........................................$ 438,045 Art Grants--Donations .............................................$ 42,000 Total Funds Budgeted ...........................................$ 11,639,038 State Funds Budgeted ............................................$ 4,986,720

FRIDAY, FEBRUARY 14, 1986

755

Total Positions Budgeted

93

Authorized Motor Vehicles

0

Attached Units Functional Budgets

Pos.

Total Funds

State Funds

Council for the Arts Office of Consumer Affairs

13

2,772,011

2,200,588

45

I,822,429

1,629,429

State Energy Office

17

6,159,355

271,460

Governor's Committee on Post-Secondary Education
Consumers' Utility Counsel
Criminal Justice Coordinating Council
Undistributed
Total

3

152,292

9

418,894

6

314,057

0

--0--

93

II,639,038

152,292 418,894
314,057 --0--
4,986,720

Section 22. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities .............. ... $ 6,800,000

Grants to Counties ........................................... ... $ 2,600,000

Grants to Municipalities

... $ 4,200,000

Total Funds Budgeted ........................................ ... $ 6,800,000

State Funds Budgeted ........................................ ... $ 6,800,000

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations ........................ $ 308,694,937

1. General Administration and Support Budget:

Personal Services............................................. . . $ 30,208,228

Regular Operating Expenses................................... . . .$ 1,243,555

Travel ...................................................... .... $ 908,137

Motor Vehicle Equipment Purchases ........................... ......$ --0--

Publications and Printing ..................................... .... $ 190,780

Equipment Purchases ........................................ .... $ 204,530

Computer Charges ........................................... ... $ 2,492,978

Real Estate Rentals .......................................... . . .$ 3,581,614

Telecommunications .......................................... .... $ 621,701

Per Diem, Fees and Contracts ................................. . . .$ 9,893,231

Utilities ..................................................... . . . . $ 180,100

Postage ..................................................... .... $ 663,580

Capital Outlay ............................................... .....$ 70,000

Menninger Group Homes ..................................... .... $ 387,000

Benefits for Child Care ....................................... $ 1,349,160

Contract--Georgia Advocacy Office, Inc.........................

$ 215,000

Total Funds Budgeted ........................................ ..$ 52,209,594

Indirect DOAS Services Funding .............................. .... $ 638,300

Indirect GBA Funding........................................ ......$ --0--

Agency Funds ............................................... . . $ 26,955,849

Social Services Block Grant Funds ............................. ... $ 1,655,800

State Funds Budgeted ........................................ $ 22,959,645

Total Positions Budgeted

982

Authorized Motor Vehicles

7

General Administration and Support Functional Budgets

Pos.

Total Funds

State Funds

Commissioner's Office

14 $

696,146

696,146

Administrative Appeals

25 $

923,207

923,207

756

JOURNAL OF THE SENATE

Administrative Policy, Coordination, and Direction
Personnel Support Services Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Accounting Services Auditing Services Special Projects Children and Youth Planning Troubled Children Benefits Developmental Disabilities Council on Maternal
and Infant Health Council on Family Planning Community Services Regulatory Services--
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities
Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Undistributed Total

5 3i 47 3> 59 35 0 3i 11 35 12 35

270,314 5,451,771 2,520,938
--0-- 3,938,002
381,328

$

270,314

$ 5,388,593

$ 2,254,666

$ (5,405,300)

$ 2,798,555

$

381,328

9 $5 41 3S 149 35 47 SS 0 35 4 35 0 i,f 1 35

433,569 $ 1,393,486 $ 4,162,926 $ 1,620,838 $
284,600 $ 184,046 $ 1,577,722 $ 249,049 $

433,569 1,393,486 3,962,926 1,620,838
284,600 184,046 1,577,722
--0--

3 3P 0 if 9 SI

110,448 $ 13,500 $ 9,214,493 $

110,448 1,350 -0-

18 i5 58 Sf 18 i1

636,543 $ 1,761,686 $
649,279 $

562,567 1,745,243
475,873

63 if 2,309,531 $

603,582

9 i5

311,235 $

311,235

21 iP

626,164 $

465,999

52 if 2,640,916 $

245,513

301 i& 9,488,365 $ 1,313,647

0 i5

359,492 $

359,492

982 if 52,209,594 $ 22,959,645

2. Public Health Budget: Personal Services................... Regular Operating Expenses......... Travel ............................ Motor Vehicle Equipment Purchases Publications and Printing ........... Equipment Purchases .............. Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... Utilities ........................... Postage ........................... Crippled Children Clinics ...........

. . .$ 32,114,570 . . .$ 44,782,596 ... $ 1,002,068 ..... . $ 10,000
... $ 298,575 ... $ 190,398 .....$ 391,200 ......$ 605,449 ... $ 563,863 ... $ 14,192,798 .......$ --0-- .... $ 86,375 ......$ 517,572

FRIDAY, FEBRUARY 14, 1986

Grants for Regional Intensive Infant Care ............................
Grants for Regional Maternal and Infant Care ........................
Midwifery Program Benefits........................ Crippled Children Benefits ......................... Kidney Disease Benefits ........................... Cancer Control Benefits ........................... Contract for the Purchase of
Clotting Factor for the Hemophilia Program Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants Grant to Grady Hospital for
Cystic Fibrosis Program ......................... Contract with Emory University
for Cancer Research ............................. Contract with Auditory Educational Clinic .......... Grant-In-Aid to Counties .......................... Contract with Emory University
for Arthritis Research ........................... Contract for Scoliosis Screening ......... .......... Family Planning Benefits .......................... Grants to Counties for Teenage
Pregnancy Prevention ........................... Grant to Counties for Metabolic Disorders
Screening and Treatment ........................ Contract--Macon-Bibb County
Hospital Authority .............................. Total Funds Budgeted ............................. Indirect DOAS Services Funding ................... Agency Funds .................................... State Funds Budgeted ............................. Total Positions Budgeted Authorized Motor Vehicles

Public Health Functional Budgets

Pos.

Total Funds

Director's Office Employee's Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health--Perinatal

8

639,228

8

295,547

29

873,254

62

1,386,175

12

559,532

15

620,148

23

1,623,835

19

1,102,964

10

412,514

33

1,438,920

26

1,267,367

22

6,960,914

15

5,718,936

4

224,948

757
$ 4,002,400
$ 1,767,000 . $ 800,000 $ 4,585,688 . $ 505,000 $ 2,253,000
. $ 250,000
. $ 4,193,000
. $ 42,000
$ 117,000 . . . $ 78,000 $ 43,979,754
. $ 215,000 $ 115,000 $ 301,530
$ 257,500
$ 45,000
. $ 4,000,000 162,262,336 . . $ 549,718 $ 73,811,674 $ 87,900,944
1,105 6
State Funds 442,003 260,547 788,254
1,323,892 336,714 620,148
1,093,835 526,188 --0-- 369,226
1,145,037 1,781,850 5,589,421
--0--

758

JOURNAL OF THE SENATE

Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health Minimum Foundation Newborn Follow Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Teenage Pregnancy Prevention Community Health Management Community Care Undistributed Total

180 $ 8,225,740

34 $ 48,813,625

21 $ 1,414,371

84 $ 7,379,141

14 $ 1,435,260

4$

455,502

8 $ 3,105,780

9$

903,496

116 $ 3,646,576

22 $ 2,207,647

191 $ 8,190,028

22 $

648,279

15 $ 1,063,797

19 $ 5,370,755

0 $ 38,558,807

0$

257,500

8 $ 1,122,658

70 $ 2,071,004

2 $ 4,268,088

1 ,105 $ 162,262,336

3. Mental Health--Program Direction and Support Budget:
Personal Services ................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ...... Utilities .......................... Postage .......................... Contract with Housing Alternatives Total Funds Budgeted ............. Social Services Block Grant Funds Indirect DOAS Services Funding Agency Funds .................... State Funds Budgeted ............. Total Positions Budgeted

Mental Health--Program Direction and Support Functional Budgets

Pos.

Total Funds

Administration

126 $ 6,117,196

Indirect Cost

0$

-- 0--

$ 3,311,589

$

-- 0--

$ 1,204,196

$ 4,606,526

$ 1,435,260

$

361,671

$ 3,105,780

$

364,724

$ 3,511,576

$ 1,147,147

$ 8,060,353

$

465,329

$ 1,063,797

$ 5,370,755

$ 33,706,852

$

257,500

$

566,112

$

862,574

$ 4,222,088

$ 87,900,944

...... $ 4,598,054 .......$ 118,525 .... $ 124,450
.........$ --0-- ........$ 61,300 .........$ 8,500 ......$ 1,372,193 .........$ --0-- .......$ 249,000 ....... $ 210,150 .........$ --0-- ...........$ 750 ........$ 70,000 ......$ 6,812,922
... $ 15,000 .......$ 779,100
.... $ 462,316 ......$ 5,556,506
127

State Funds $ 5,156,320 $ (295,540)

FRIDAY, FEBRUARY 14, 1986

MH/MR Advisory Council Undistributed Total

1

42,726

0

653,000

127

6,812,922

4. Youth Services--Program Direction and Support:
Personal Services................... Regular Operating Expenses......... Travel ............................ Motor Vehicle Equipment Purchases Publications and Printing ........... Equipment Purchases .............. Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... Utilities ........................... Postage ........................... Benefits for Child Care ............. Total Funds Budgeted .............. Indirect DOAS Services Funding Agency Funds ..................... State Funds Budgeted .............. Total Positions Budgeted Authorized Motor Vehicles

5. Services to the Aged Budget:

Personal Services...................

Regular Operating Expenses.........

Travel ............................

Motor Vehicle Equipment Purchases .

Publications and Printing ...........

Equipment Purchases. ..............

Computer Charges .................

Real Estate Rentals ................

Telecommunications ................

Per Diem, Fees and Contracts .......

Utilities ...........................

Payments to DMA .................

Postage ...........................

Total Funds Budgeted ..............

Social Services Block Grant Funds . .

Agency Funds

.......

State Funds Budgeted ..............

Total Positions Budgeted

Authorized Motor Vehicles

Services to the Aged Functional Budgets

Administration and Planning Aging Services Alternative Health Services Undistributed Total

Pos.

Total Funds

64

2,801,156

0

22,405,143

0

4,782,801

0

372,081

64

30,361,181

759
42,726 653,000 5,556,506
1,386,545 $ 31,682 $ 30,650 . . $ --0-- . . $ 6,200 . $ 4,190 . $ 75,000 . $ --0-- . $ 37,860 . $ 3,500 . $ --0-- . . $ --0-- . . $ --0-- 1,575,627
$ 1,973,651 . . . $ 46,980 ... $ 56,300 ... $ --0-- . . $ 27,000 . . . . $ 2,860 . $ 210,000 ... $ 3,600 . . $ 52,641 $ 23,204,428
$ 4,782,801 ......$ 920 $ 30,361,181 $ 2,998,100 $ 18,319,711 .$ 9,043,370
64 224
State Funds 1,528,311 2,639,127 4,782,801 93,131 9,043,370

760

JOURNAL OF THE SENATE

6. Rehabilitation Services Budget:

Personal Services .................

.....$ 24,145,180

Regular Operating Expenses

......$ 1,179,992

Travel ...........................

.......$ 615,090

Motor Vehicle Equipment Purchases

........$ 65,736

Publications and Printing

........$ 85,310

Equipment Purchases

.......$ 414,153

Computer Charges ................

.......$ 926,350

Real Estate Rentals

......$ 1,006,495

Telecommunications

.......$ 595,189

Per Diem, Fees and Contracts

......$ 1,421,675

Utilities ..........................

.......$ 303,250

Capital Outlay ....................

.......$ 175,000

Postage ..........................

........$ 92,050

Institutional Repairs and Maintenance ....................... .......$ 349,900

Grants for Nephrology Centers

.......$ 245,000

Contract with Vocational

Rehabilitation Community Facilities ....................... ......$ 4,483,400

Contract for Epilepsy ..............

... $ 67,000

Case Services .....................

......$ 9,487,500

E.S.R.P. Case Services .............

.... $ 50,000

Contract with the Affirmative Industries ..................... .... $ 110,000

Contract with RCW Industries, Inc.

.......$ 146,000

Total Funds Budgeted .........

$ 45,964,270

Indirect DOAS Services Funding

........ $ 50,000

Agency Funds ....................

.....$ 32,039,665

State Funds Budgeted .............

$ 13,874,605

Total Positions Budgeted

809

Authorized Motor Vehicles

24

Rehabilitation Services Functional Budgets

Pos.

Total Funds

State Funds

Program Direction and Support

50 $ 2,761,225 $ 1,161,225

Grants Management

2$

561,381 $

464,377

Atlanta Rehabilitation Center

71 $ 2,291,039 $

549,436

Rehabilitation Center for the Deaf--Cave Spring

17 $

490,524 $

101,823

Central Rehabilitation Center

18 $

550,717 $

138,300

Georgia Vocational Adjustment Center--Gracewood

17 $

416,752 $

102,859

Ireland Rehabilitation Center

13 $

379,422 $

94,304

Rome Rehabilitation Center

6$

191,186 $

46,750

J. F. Kennedy Center

15 $

408,050 $

105,015

Production Workshop

0 $ 1,055,031 $

-- 0--

District Field Services

575 $ 29,086,499 $ 5,674,537

Independent Living

7$

270,762 $

270,762

Sheltered Employment

15 $ 1,043,955 $

534,735

Community Facilities

0 $ 3,882,000 $ 3,882,000

Bobby Dodd Workshop

0$

337,500 $

337,500

Undistributed

3 $ 2,238,227 $

410,982

Total

809 $ 45,964,270 $ 13,874,605

FRIDAY, FEBRUARY 14, 1986

761

7. Roosevelt Warm Springs

Rehabilitation Institute:

Personal Services ................................................$ 10,122,076

Regular Operating Expenses .......................................$ 1,713,090

Travel ............................................................$ 47,000

Motor Vehicle Equipment Purchases .................................$ 13,500

Publications and Printing ...........................................$ 15,000

Equipment Purchases ...............................................$ 35,480

Computer Charges .................................................$ 61,000

Real Estate Rentals .................................................$ --0--

Telecommunications .......................... ....... .............. $ 163,885

Per Diem, Fees and Contracts .....................................$ 1,263,000

Utilities ...... . . ........................ . . ............... . ........$ 550,000

Postage ...........................................................$ 14,300

Case Services ......................................................$ 25,000

Capital Outlay ......................................................$ --0--

Institutional Repairs and Maintenance ..............................$ 152,000

Total Funds Budgeted ...........................................$ 14,175,331

Indirect DOAS Services Funding ....................................$ 50,000

Agency Funds ..................................................$ 10,134,502

State Funds Budgeted ............................................$ 3,990,829

Total Positions Budgeted

434

Authorized Motor Vehicles

24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Administration Rehabilitation Services Undistributed Total

Pos.

Total Funds

State Funds

145 $ 5,425,730 $ 2,513,896

289 $ 8,597,601 $ 1,446,533

0$

152,000 $

30,400

434 $ 14,175,331 $ 3,990,829

8. Georgia Factory for the Blind Budget:

Personal Services .................................................$ 4,122,884

Regular Operating Expenses .......................................$ 7,710,870

Travel ............................................................$ 16,500

Motor Vehicle Equipment Purchases ...................... ..........$ 82,000

Publications and Printing ............................................$ 8,500

Equipment Purchases ..............................................$ 318,500

Computer Charges .................................. . . ..... . . ......$ 66,900

Real Estate Rentals ................................................$ 61,500

Telecommunications ................................................$ 28,353

Per Diem, Fees and Contracts .......................................$ 44,200

Utilities ..........................................................$ 125,000

Postage ............................................................$ 6,000

Capital Outlay ......................................................$ --0--

Total Funds Budgeted ...........................................$ 12,591,207

Agency Funds ..................................................$ 12,091,247

State Funds Budgeted .............................................$ 499,960

Total Positions Budgeted

30

Authorized Motor Vehicles

14

Operations

Georgia Factory for the Blind Functional Budgets

Pos.

Total Funds

12 $ 12,090,165

State Funds

$

--0--

762

JOURNAL OF THE SENATE

Supervision Undistributed Total

18 $

500,689 $

0$

353 $

30 $ 12,591,207 $

499,960 --0--
499,960

9. Rehabilitation Services--

Disability Adjudication Budget:

Personal Services ...............................................$ 11,318,806

Regular Operating Expenses ........................................$ 362,878

Travel ............................................................$ 78,098

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 43,991

Equipment Purchases ...............................................$ 21,810

Computer Charges ................................................$ 419,605

Real Estate Rentals ................................... .......... . . $ 660,927

Telecommunications ...............................................$ 470,559

Per Diem, Fees and Contracts .....................................$ 1,035,076

Utilities ............................................................$ --0--

Postage ..........................................................$ 325,000

Case Services ...................................................$ 10,998,200

Total Funds Budgeted .............................. .............$ 25,734,950

Agency Funds ..................................................$ 25,734,950

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

425

10. Family and Children Services Budget:

Personal Services ................................................$ 11,156,152

Regular Operating Expenses ......................................$ 15,926,964

Travel ...............................,...........................$ 462,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ..........................................$ 786,130

Equipment Purchases. ..............................................$ 12,160

Computer Charges ......................... ^. .... ^ ..... ^ .... ,^$ 10,724,605

Real Estate Rentals ...............................................$ 202,350

Per Diem, Fees and Contracts ....................................$ 31,646,163

Telecommunications ...............................................$ 874,200

Utilities ............................................................$ 8,200

Postage ..........................................................$ 942,385

AFDC Benefits. ................................................$ 213,211,869

Grants to County DFACS--Operations ...........................$ 134,711,282

WIN Benefits.....................................................$ 479,964

Benefits for Child Care ..........................................$ 17,400,108

SSI--Supplement Benefits ...........................................$ 1,500

Total Funds Budgeted ..........................................$ 438,546,032

Agency Funds .................................................$ 238,673,934

Indirect DOAS Services Funding ..................................$ 2,339,882

Social Services Block Grant Funds ................................$ 34,238,765

State Funds Budgeted .......................,..................$ 163,293,451

Total Positions Budgeted

359

Authorized Motor Vehicles

112

Family and Children Services Functional Budgets

Pos.

Total Funds

State Funds

Refugee Benefits

0$

979,000 $

--0--

AFDC Payments

0 $ 218,996,525 $ 73,604,732

FRIDAY, FEBRUARY 14, 1986

763

SSI--Supplement Benefits Energy Benefits County DFACS Operations-
Social Services County DFACS Operations--
Eligibility County DFACS Operations--
Joint and Administration Food Stamp Issuance Grants to Fulton County
for 24-hour Emergency Services Director's Office Administration and Managemlent District Administration Program Planning,
Development and Training Management Information Sysrtems Child Development Administration Indirect Cost Work Incentive Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Liability Insurance Day Care Psychiatric, Psychological andd
Speech Therapy Maternity Care
Return of Runaways--Countyy
Home Management--Contrac:ts Outreach--Contracts Special Projects Undistributed Total

0$ 0$
0$
0$
0$ 0$
0$ 6$ 118 $ 84 $
75 $ 50 $ 26 $ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$
0$ 0$
o$
0$ 0$ 0$ 0$ 359 $

Budget Unit Object Classes: Personal Services. Regular Operating xpenses .............. Travel .......... Motor Vehicle Eqi iment Purchases ...... Publications and Printing ................. Equipment Purchase:sS. ................... Computer Charges Real Estate Rentals Telecommunications

1,500 15,201,469
42,454,689
56,092,622
35,168,293 2,312,000
225,041 506,701 4,788,542 3,214,766
7,094,149 12,853,156 1,008,623
-- 0-- 4,399,242
574,000 13,778,592 1,956,886
324,725 899,030 28,600 19,205,600
130,000 50,000 7,000 166,000 684,300 38,500 (4,593,519) 438,546,032

$

1,500

$

-- 0--

$ 20,567,268

$ 27,910,825

$ 16,949,674

$

-- 0--

$

225,041

$

506,701

$ 3,459,665

$ 3,214,766

$ 3,678,989

$ 5,181,635

$ 1,008,623

$ (7,204,467)

$

439,924

$

349,000

$ 8,923,491

$ 1,344,295

$

95,432

$

866,705

$

28,600

$ 3,583,448

$

128,500

$

50,000

$

7,000

$

37,816

$

181,136

$

38,500

$ (1,885,348)

$ 163,293,451

.....$ 131,146,146 ......$ 73,117,132 ... $ 3,340,293 ........$ 171,236 .......$ 1,522,786 .......$ 1,212,581 ......$ 16,739,831 .......$ 6,121,935 .......$ 3,657,251

764

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .................................. . . $ 82,914,221

Utilities .........................................................$ 1,166,550

Postage .........................................................$ 2,131,360

Capital Outlay ....................................................$ 245,000

Grants for Regional

Intensive Infant Care ...........................................$ 4,002,400

Grants for Regional

Maternal and Infant Care ....................................... $ 1,767,000

Crippled Children Benefits .................................... . . . . $ 4,585,688

Crippled Children Clinics ..........................................$ 517,572

Kidney Disease Benefits ................................... ........$ 505,000

Cancer Control Benefits ..........................................$ 2,253,000

Benefits for Medically Indigent

High-Risk Pregnant Women and Their Infants ....................$ 4,193,000

Family Planning Benefits ..........................................$ 301,530

Benefits for Midwifery Program ....................................$ 800,000

Grant-In-Aid to Counties ........................................$ 43,979,754

Work Incentive Benefits ....

$ 479,964

Benefits for Child Care ................................. .........$ 18,749,268

Grants for Nephrology Centers

.... $ 245,000

Case Services ...................................................$ 20,510,700

E.S.R.P. Case Services..............................................$ 50,000

SSI--Supplement Benefits ...........................................$ 1,500

AFDC Benefits ................................................$ 213,211,869

Grants to County DFACS--Operations ...........................$ 134,711,282

Contract with Vocational

Rehabilitation Community Facilities .............................$ 4,483,400

Contract for the Purchase of

Clotting Factor for the Hemophilia Program ...............$ 250,000

Contract with the Affirmative Industries............................. $ 110,000

Institutional Repairs and Maintenance ..............................$ 501,900

Contract with Emory University

for Arthritis Research ...........................................$ 215,000

Grant for Epilepsy Program .........................................$ 67,000

Grant to Grady Hospital for

Cystic Fibrosis Program ..........................................$ 42,000

Contract for Scoliosis Screening ....................................$ 115,000

Menninger Group Homes ............................... ^ ... .^ ....$ 387,000

Contract--Georgia Advocacy Office, Inc. .............................$ 215,000

Grant for Teenage Pregnancy

Prevention Program .............................................$ 257,500

Contract--Cancer Research at Emory ...............................$ 117,000

Contract--Macon-Bibb County

Hospital Authority .............................................$ 4,000,000

Contract with RCW Industries, Inc. .................................$ 146,000

Grants to Counties for Metabolic Disorders

Screening and Testing ............................................$ 45,000

Payments to DMA ...............................................$ 4,782,801

Contract with Housing Alternatives ..................................$ 70,000

Contract with Auditory Educational Clinic ............................$ 78,000

Total Positions Budgeted

4,374

B. Budget Unit: State Health Planning and Development ................................................$ 667,606
State Health Planning and Development Budget:
Personal Services ..................................................$ 761,356

FRIDAY, FEBRUARY 14, 1986
Regular Operating Expenses Travel .................................. Publications and Printing Equipment Purchases .................... Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted Indirect DOAS Services Funding Agency Funds ........................... State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions
Departmental Operations: Personal Services ........................ Regular Operating Expenses Travel .................................. Motor Vehicle Equipment Purchases ....... Publications and Printing ................. Equipment Purchases. .................... Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Utilities ................................. Postage ................................. Capital Outlay ........................... Authority Lease Rentals .................. Institutional Repairs and Maintenance Grants to County-Owned Detention Centers ...................... Reserve for Thomasville RYDC............ Reserve for Claxton RYDC................ Drug Abuse Contracts .................... Day Care Centers for the Mentally Retarded ..................... MR Day Care Center Motor Vehicle Purchases ...................... Supportive Living Staff ................... Supportive Living Benefits ................ Georgia State Foster Grandparent/Senior Companion Program . Community Mental Health Center Services Project Rescue ........................... Project ARC ............................. Project Friendship ....................... Group Homes for Autistic Children ........ Contract with Clayton County Board of Education for Autistic Children Uniform Alcoholism Projects .............. Child Care Benefits ......................

765
$ 46,200 . . $ 5,500 . $ 2,500 . $ 3,406
$ 44,000 . $ 86,851
$ 26,500 $ 102,764 . . $ 7,600 > 1,086,677 . . $ --0-- $ 419,071 $ 667,606
21 0
.$ 346,067,442
275,348,870 $ 29,032,375
$ 612,167 . $ 641,255 . . . $ 69,907 . $ 3,098,225 $ 2,559,352 . $ 510,260 $ 2,413,066 $ 10,698,622 $ 15,756,500 . . $ 232,860 $ 2,692,878 . $ 2,679,000 $ 2,142,699
.$ 2,318,115 .....$ 2,367
... $ 2,368 . $ 1,015,960
. $ 58,147,826
. . $ 2,819,376 . .$ 1,556,506 . . $ 7,297,923
. . . $ 562,960 $ 69,264,726 . . . $ 312,890 . . . $ 253,600 . . . $ 266,700 . . . $ 232,123
... $ 68,000 . . $ 2,245,899 . ... $ 16,000

766

JOURNAL OF THE SENATE

Community Mental Retardation Staff Community Mental Retardation
Residential Services ............... Lumpkin Area Individual Living, Inc. Total Funds Budgeted Agency Funds ...................... Indirect DOAS Services Funding Social Services Block Grant Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 3,646,719
. . $ 13,657,537 .....$ 32,346 .$ 512,207,977 $ 136,793,606 . . . $ 1,625,000
$ 27,721,929 $ 346,067,442 12,766/12,672
1,555

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital
Georgia Regional Hospital at Savannah
Gracewood State School and Hospital
West Central Georgia Regional Hospital
Regional Youth Development Centers
State Youth Development Centers
Court Services Community Treatment Centers Day Centers Group Homes Runaway Investigations Interstate Compact Purchased Services Assessment and Classification Outdoor Therapeutic Program Mental Health Community
Assistance Mental Retardation
Community Assistance Central Pharmacy

Pos. 1,099
887 539
504
709
660 3,8287 3,750
510 1,5307 1,514
430
417
743 269 73 24
19 15 3 16 10 50
221
62 3

Total Funds $ 28,478,625 $ 24,793,250 $ 17,718,876
$ 13,284,866
$ 20,658,892
$ 17,519,562 $ 100,986,564

$ 13,733,889 $ 37,852,040

$ 11,996,355

$ 13,506,535

$ 18,834,881

$ 7,511,577

$ 2,035,628

$

729,283

$

550,616

$

463,456

$

89,437

$ 2,256,874

$

308,172

$ 1,494,888

6,857,823

2,265,656 133,072

State Funds $ 18,021,538 $ 13,844,896 $ 15,318,876
$ 11,359,666
$ 14,944,779
$ 14,294,562 $ 70,964,929

$ 12,233,889 $ 22,752,040

$ 10,216,546

$ 13,219,250

$ 18,280,929

$ 7,511,577

$ 2,035,628

$

729,283

$

550,616

$

463,456

$

89,437

$ 2,205,374

$

308,172

$ 1,262,063

$ 6,800,923

$ 2,003,156

$

133,072

FRIDAY, FEBRUARY 14, 1986

767

Day Care Centers for the Mentally Retarded
Supportive Living
Georgia State Foster Grandparent/Senior Companion Program
Project Rescue
Drug Abuse Contracts
Community Mental Health Center Services
Uniform Alcoholism Projects
Project ARC
Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship
Central Laboratory
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Lumpkin Area Individual Living, Inc.
Contract with Clayton County Board of Education for Autistic Children
Undistributed
Total

0$ 0$
0$ 0$ 0$
0$ 0$ 0$ 44 $
0$ 0$ 6$
0$
0$
0$
0$ 95 $ 12,7667 $ 12,672

Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry
and Trade .................... State Operations Budget:
Personal Services. .............. Regular Operating Expenses Travel ........................ Motor Vehicle Equipment Purchases Publications and Printing ....... Equipment Purchases. .......... Computer Charges ............. Real Estate Rentals ............ Telecommunications ........... Per Diem, Fees and Contracts . . Postage ....................... Local Welcome Center Contract Advertising ................... Cooperative Advertising. ....... Georgia Ports Authority--
Authority Lease Rentals ....

58,137,218 $ 24,742,550 8,854,429 $ 4,871,150

562,960 $ 312,890 $ 1,015,960 $

562,960 149,890 1,015,960

68,013,522 $ 31,730,205

2,279,324 $ 1,616,917

203,600 $

203,600

1,468,929 $

770,839

232,123 $ 266,700 $ 280,279 $

232,123 266,700
-- 0--

3,646,719 $ 2,627,458

13,618,537 $ 9,161,020

27,765 $

27,765

68,000 9,158,205 512,207,977

$

68,000

$ 8,475,648

$ 346,067,442

......$ 13,292,996
......$ 5,187,474 .... $ 714,286 ........$ 314,100 .........$ 12,720 .... $ 284,650 .........$ 27,100 ........$ 161,260 ........$ 436,415 ......$ 161,041 ........$ 204,150 ........$ 180,800 .... $ 165,000 ....... $ 2,985,000 ........$ 425,000
...... . $ 2,735,000

768

JOURNAL OF THE SENATE

Georgia Ports Authority-- General Obligation Bond Payments .........................
Historic Chattahoochee Commission Contract .................. Atlanta Council for
International Visitors ...................................... Waterway Development in Georgia Georgia Music Week Promotion Georgia World Congress Center
Operating Expenses ....................................... Contract--Georgia Association
of Broadcasters ........................................... Southern Center for
International Studies ...................................... Contract--Lanier Regional Committee Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Total Positions Budgeted Authorized Motor Vehicles

$ 5,413,213 . $ 50,000
$ 25,000 $ 50,000 $ 30,000
.....$ --0--
$ 51,500
. . . . $ 25,000 $ 12,500
$ 19,651,209 .$ 13,292,996
195 21

Department of Industry and Trade Functional Budgets

Industry Research Tourism Promotional Tourist Welcome Centers Internal Administration International Advertising Undistributed Total

Pos.

Total Funds

State Funds

18 $

812,088 $

812,088

14 $

597,579 $

597,579

27 $ 2,144,020 $ 2,144,020

94 $ 2,427,934 $ 2,282,934

25 $ 9,458,404 $ 3,245,191

17 $ 1,211,184 $ 1,211,184

0$ 0$

3,000,000 $ --0-- $

3,000,000 --0--

195 $ 19,651,209 $ 13,292,996

B. Budget Unit: Authorities ............ Administration Budget: Personal Services ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Equipment Purchases . . Publications and Printing ............ Equipment Purchases. ............... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ G.O. Bonds and Lease Rentals--G.P.A.................... Other Debt Service Payments--G.P.A. Capital Outlay--Internal Operations--G.P.A................. Atlanta Convention and Visitors Bureau--G.W.C.C. ......... Total Funds Budgeted ............... State Funds Budgeted ............... Total Positions Budgeted Authorized Motor Vehicles

.....$ --0--
. $ 30,537,506 .$ 12,869,089 . . . $ 524,088
. $ 154,919 . . . $ 50,000 . $ 532,856 . $ 109,343
$ 414,856 .$ 1,667,740
. $ 7,233,576 . $ 820,000
$ 4,373,713
.... $ --0-- $ 59,287,686 .... $ --0--
995 37

FRIDAY, FEBRUARY 14, 1986

769

Georgia World Congress Center
Georgia Ports Authority Undistributed Total

Authorities Functional Budgets

Pos.

Total Funds

215 $ 10,416,126

780 $ 48,871,560

0$

-- 0--

995 $ 59,287,686

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

Section 25. Department of Insurance. Budget Unit: Office of Insurance Commissioner Operations Budget: Personal Services. .............................. Regular Operating Expenses ..................... Travel ........................................ Motor Vehicle Equipment Purchases ............. Publications and Printing ....................... Equipment Purchases ......... ............... Computer Charges ............................. Real Estate Rentals ............................ Telecommunications ............................ Per Diem, Fees and Contracts ................... Total Funds Budgeted .......................... State Funds Budgeted .......................... Total Positions Budgeted Authorized Motor Vehicles

......$ 7,835,118
......$ 7,102,903 .......$ 366,491 .......$ 189,900 ........$ 68,400 .......$ 158,716 .......$ 129,983 .......$ 230,339 .......$ 469,325 .......$ 121,012 ........$ 31,250 ......$ 8,868,319 ......$ 7,835,118
254 57

Department of Insurance Functional Budgets

Pos.

Total Funds

Internal Administration

22 $ 1,265,157

Insurance Regulation

56 $ 1,968,545

Industrial Loans Regulation

13 $

516,234

Information and Enforcement

45 $ 1,431,518

Fire Safety and Mobile Home Regulations
Undistributed

118 $ 0$

3,686,865 --0--

Total

254 $ 8,868,319

State Funds

$ 1,265,157

$ 1,862,551

$

516,234

$ 1,431,518

$ 2,759,658

$

-- 0--

$ 7,835,118

Section 26. Department of Labor. Budget Unit: Department of Labor ............... State Operations: Personal Services .............................. Regular Operating Expenses .................... Travel ....................................... Motor Vehicle Equipment Purchases ............ Publications and Printing ...................... Equipment Purchases. ......................... Computer Charges ............................ Real Estate Rentals ........................... Telecommunications ........................... Per Diem, Fees and Contracts (JTPA) .......... Per Diem, Fees and Contracts ................ Capital Outlay ................................ W.I.N. Grants ................................

.......$ 5,527,676
.$ 56,977,529 .......$ 2,551,300 .......$ 1,356,395
.... $ 22,500 ........$ 101,766 ........$ 316,002 .......$ 4,088,618
... $ 2,194,591 .......$ 1,120,525 ......$ 56,387,955
.$ 1,744,151 .....$ 600,000 ........$ 260.000

770

JOURNAL OF THE SENATE

Payments to Georgia General Obligation Debt Sinking Fund ...............
Total Funds Budgeted ........................ State Funds Budgeted ........................ Total Positions Budgeted Authorized Motor Vehicles

Department of Labor Functional Budgets

Pos.

Total Funds

Executive Offices

102 $ 5,271,139

Administrative Services

248 $ 12,501,777

Unemployment Insurance

208 $ 7,571,424

Employment Services

98 $ 4,020,099

Field Services

1,285 $ 45,461,080

Job Training Partnership Undistributed

30 $ 53,295,813

0$

--0--

Total

1,971 $ 128,121,332

.....$ 400,000 .$ 128,121,332 ... $ 5,527,676
1,971 16
State Funds 1,279,849 760,803 4,041 317,347 3,165,636 --0-- --0--
5,527,676

Section 27. Department of Law.

Budget Unit: Department of Law ....................................$ 5,992,548

Attorney General's Office Budget:

Personal Services.................................................$ 5,311,702

Regular Operating Expenses ........................................$ 317,912

Travel ...........................................................$ 120,950

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 44,491

Equipment Purchases. ..............................................$ 12,191

Computer Charges .................................................$ 60,000

Real Estate Rentals ...............................................$ 314,607

Telecommunications ................................................$ 91,982

Per Diem, Fees and Contracts .......................................$ 45,000

Books for State Library .............................................$ 96,000

Capital Outlay ......................................................$ --0--

Total Funds Budgeted ............................................$ 6,414,835

State Funds Budgeted ............................................$ 5,992,548

Total Positions Budgeted

122

Authorized Motor Vehicles

1

Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services ...................................$ 271,628,916 Departmental Operations Budget: Personal Services .................................................$ 7,223,092 Regular Operating Expenses ........................................$ 410,600 Travel ...........................................................$ 148,790 Motor Vehicle Equipment Purchases ..................................$ 6,500 Publications and Printing ...........................................$ 97,400 Equipment Purchases ...............................................$ 99,380 Computer Charges ...............................................$ 6,102,356 Real Estate Rentals ...............................................$ 771,620 Telecommunications ...............................................$ 343,038 Per Diem, Fees and Contracts ....................................$ 10,177,000 Postage ..........................................................$ 150,000 Medicaid Benefits ..............................................$ 859,500,843 Payments to Counties for Mental Health ................................................$ 10,619,200

FRIDAY, FEBRUARY 14, 1986

771

Audits Contracts ........................ Total Funds Budgeted State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

Medical Assistance Functional Budgets

Commissioner's Office Program Management Administration Operations Program Integrity Benefits Undistributed Total

Pos.

Total Funds

10 $

640,625

86 $ 12,667,243

37 $ 2,767,253

53 $ 7,895,748

88 $ 2,893,898

0 $ 870,120,043

0$

(50,000)

274 $ 896,934,810

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments Departmental Operations Budget: Personal Services ....................... Regular Operating Expenses .............. Travel ................................. Motor Vehicle Equipment Purchases ...... Publications and Printing ... Equipment Purchases ................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Postage ................................ Health Insurance Payments .............. Total Funds Budgeted ................... Agency Assessments ..................... Employee and Employer Contributions . Deferred Compensation .................. Total Positions Budgeted Authorized Motor Vehicles

Merit System Functional Budgets

Applicant Services Classification and Compensation Program Evaluation and Audit Employee Training and Development Health Insurance Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total

Pos.

Total Funds

39 $ 1,790,595

19 $

794,013

13 $

633,285

23 $

952,253

36 $ 6,991,705

0 $ 249,412,619

37 $ 1,442,872

8 $ 1,168,017

0$

-- 0--

175 $ 263,185,359

......$ 1,284,991 . . . . $ 896,934,810
. $ 271,628,916 274 3

State Funds

$

320,313

$ 1,927,803

$ 1,571,679

$ 2,132,185

$ 1,252,977

$ 264,443,587

$

(19,628)

$ 271,628,916

......$ 6,516,167
......$ 4,807,511 .......$ 107,327 ........$ 63,545 .........$ --0-- .... $ 283,289 ........ $ 23,810
. . $ 1,553,842 .......$ 685,737 .... $ 101,565 .....$ 25,412,724 .... $ 143,360
$ 230,002,649 . ...$ 263,185,359 ......$ 6,516,167 . . . .$ 256,637,408 ........$ 31,784
175 0

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-0--

$

-0-

$

-- 0--

$

-0-

772

JOURNAL OF THE SENATE

Section 30. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources

$ 61,888,957

Operations Budget:

Personal Services ................................................$ 40,810,421

Regular Operating Expenses .......................................$ 8,055,370

Travel ...........................................................$ 455,990

Motor Vehicle Equipment Purchases ...............................$ 1,108,243

Publications and Printing ...

$ 489,743

Equipment Purchases. ............................................$ 2,071,345

Computer Charges ................................................$ 414,301

Real Estate Rentals ..............................................$ 1,179,033

Telecommunications ...............................................$ 794,115

Per Diem, Fees and Contracts .....................................$ 1,157,645

Postage ..........................................................$ 345,085

Land and Water Conservation Grants ..............................$ 2,500,000

Recreation Grants .................................................$ 965,000

Contract with U.S. Geological

Survey for Ground Water Resources Survey .... $ 275,000

Contract with U.S. Geological

Survey for Topographic Maps ................................. . . . $ 125,000

Capital Outlay--Repairs

and Maintenance ...............................................$ 1,021,993

Capital Outlay--Shop Stock--Parks ................................$ 300,000

Capital Outlay--Heritage Trust .....................................$ 75,000

Authority Lease Rentals ..........................................$ 1,238,000

Cost of Material for Resale .......................................$ 1,042,500

Payments to Lake Lanier Islands

Development Authority .........................................$ 1,303,821

Contract--Special Olympics, Inc. ...................................$ 206,000

Georgia Sports Hall of Fame ........................................$ 50,000

Capital Outlay--Heritage

Trust--Wildlife Management

Area Land Acquisition ...........................................$ 430,912

Capital Outlay--User Fee

Enhancements--Parks ..........................................$ 1,163,000

Capital Outlay--Buoy Maintenance ..............$ 20,000

Capital Outlay--Consolidated

Maintenance--Game and Fish ....................................$ 337,220

Technical Assistance Contract ......................................$ 125,000

Capital Outlay ...................................................$ 1,395,000

Contract--Georgia Rural

Water Association ................................................$ 10,000

Grant--The Hay House .............................................$ 50,000

Contract--Corps of Engineers

(Cold Water Creek St. Park) .............................. ....... $ 130,000

Grant--Tybee Island ..............................................$ 654,802

Advertising and Promotion .........................................$ 100,000

Payment to Georgia

Agricultural Exposition Authority .................................$ 900,000

Historic Preservation Grant .........................................$ 40,000

Payment to Jekyll

Island State Park--Capital Outlay ................................$ 300,000

Payment to Stone Mountain

Memorial Association--Capital Outlay ............................$ 700,000

Environmental Facilities Grants ...................................$ 8,000,000

FRIDAY, FEBRUARY 14, 1986

773

Non-Game Wildlife Habitat Fund Georgia Boxing Commission ............... Total Funds Budgeted .................... Receipts from Jekyll Island
State Park Authority ................... Receipts from Stone Mountain
Memorial Association Indirect DOAS Funding State Funds Budgeted .................... Total Positions Budgeted Authorized Motor Vehicles

Department of Natural Resources Functional Budgets

Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Undistributed Total

Pos.

Total Funds

81 $ 7,929,553

479 $ 22,732,622

383 $ 25,993,879

316 $ 22,479,743

26 $ 1,232,892

0$

--0--

1,285 $ 80,368,689

B. Budget Unit: Authorities ................ Operations Budget: Personal Services. ....................... Regular Operating Expenses .............. Travel ................................. Motor Vehicle Equipment Purchases Publications and Printing ................ Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Capital Outlay .......................... Promotion Expense ...................... Campground Sinking Fund ............... Payments to the Department of Natural Resources .................. Mortgage Payments ..................... Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

Lake Lanier Islands Development Authority
Jekyll Island State Park Authority
Georgia Agricultural Exposition Authority

Authorities Functional Budgets

Pos.

Total Funds

64 $ 3,955,821

157 $ 6,068,750

2$

900,000

......$ 25,000 .......$ 4,150 . $ 80,368,689
......$ 53,750
.....$ 315,000 .... $ 200,000
$ 61,888,957 1,285 1,032

State Funds i& 7,560,803 i5 19,456,342

i& 14,673,177

iI 19,030,743

i& 1,167,892

i&

-- 0--

i& 61,888,957

. . $ --0--

. ... $ 5,450,821 . . . . $ 3,096,500 ......$ 60,300 ......$ 51,000 .....$ 109,000
$ 115,000 ......$ 18,000 ....... $ 8,000 .....$ 107,200 .....$ 455,000
$ 2,100,000 .......$ --0-- .......$ --0--

......$ 53,750 .......$ --0--
. $ 11,624,571 .......$ --0--
468 100

State Funds

$

-0-

$

--0--

$

-- 0--

774

JOURNAL OF THE SENATE

Stone Mountain Memorial Association
Total

245

700,000

468

11,624,571

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety
Operations Budget: Personal Services.......................... Regular Operating Expenses Travel ................................... Motor Vehicle Equipment Purchases Publications and Printing .................. Equipment Purchases...................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts .............. Postage .................................. Conviction Reports ........................ State Patrol Posts Repairs and Maintenance. Driver License Processing . ................. Capital Outlay ........ Total Funds Budgeted ..................... Indirect DOAS Service Funding ............ State Funds Budgeted ..................... Total Positions Budgeted Authorized Motor Vehicles

Public Safety Functional Budgets

Pos.

Total Funds

Administration

170 $ 6,776,607

Driver Services

342 $ 12,731,037

Field Operations

980 $ 40,162,507

Undistributed

0

jg

__A__

Total

1,492 $ 59,670,151

B. Budget Unit: Units Attached for Administrative Purposes Only ...............................
Attached Units Budget: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Equipment Purchases ........... Publications and Printing ..................... Equipment Purchases ........................ Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Postage ..................................... Peace Officers Training Grants ................ Highway Safety Grants ....................... Total Funds Budgeted ........................ State Funds Budgeted ........................ Total Positions Budgeted

--0--

. $ 57,986,984
. $ 43,042,404 $ 6,001,869
. . . $ 120,356 $ 3,712,900
... $ 535,422 ... $ 543,397
$ 2,746,029 .....$ 8,508 . . . $ 702,109
$ 163,125 . $ 716,039 . . . $ 218,016
$ 150,000 . . . $ 929,977
$ 80,000 $ 59,670,151 $ 1,650,000 $ 57,986,984
1,492 1,109

State Funds

$ 6,776,607

$ 11,197,870

$ 40,012,507

Oj

--0--

$ 57,986,984

$ 6,865,170
$ 3,147,172 . $ 703,063
$ 119,750 $ 131,400 $ 45,450 $ 139,350 $ 202,820 $ 126,564 . $ 96,099 . $ 527,337 . . $ 28,750 $ 1,963,680 $ 3,500,000 10,731,435 $ 6,865,170
111

FRIDAY, FEBRUARY 14, 1986

775

Authorized Motor Vehicles

Attached Units Functional Budgets

Pos.

Total Funds

Office of Highway Safety

8 $ 3,879,313

Georgia Peace Officers Standards and Training

26 $ 3,235,940

Police Academy

18 $ 1,219,955

Fire Academy

14 $

835,292

Georgia Firefighters Standards and Training Council

5$

295,402

Organized Crime Prevention Council

3$

288,739

Georgia Public Safety Training Facility

37 $

976,794

Undistributed Total

0$

--0--

111 $ 10,731,435

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System .............................. Departmental Operations Budget: Payments to Employees' Retirement System .......... Employer Contributions ............................ Total Funds Budgeted .............................. State Funds Budgeted ..............................

Section 33. Public Service Commission. Budget Unit: Public Service Commission ............... Departmental Operations Budget: Personal Services................................... Regular Operating Expenses......................... Travel ............................................ Motor Vehicle Equipment Purchases ................. Publications and Printing ........................... Equipment Purchases .............................. Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... Total Funds Budgeted .............................. State Funds Budgeted .............................. Total Positions Budgeted Authorized Motor Vehicles

Public Service Commission Functional Budgets

Administration Transportation Utilities Undistributed Total

Pos.

Total Funds

19 $ 1,048,809

55 $ 2,058,290

59 $ 0$

4,148,875 -- 0--

133 $ 7,291,974

49

State Funds

$

192,023

$ 3,224,145

$ 1,174,955

$

747,296

$

295,402

$

288,739

$

942,610

$

-- 0--

$ 6,865,170

.$ 13,310,975
. $ 185,975 .$ 13,125,000 $ 13,310,975 .$ 13,310,975
$ 6,936,332
$ 4,136,030 . . $ 225,616 . . $ 148,400 . . . $ 66,405 ... $ 23,375 ... $ 47,128
$ 148,649 . $ 237,021 . $ 106,850 . $ 2,152,500 .$ 7,291,974 $ 6,936,332
133 29
State Funds 1,048,809 1,784,190 4,103,333 --0--
6,936,332

776

JOURNAL OF THE SENATE

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction .............
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations ...................... Operating Expenses: Educ., Gen., and Dept. Svcs. ................ Sponsored Operations ...................... Office of Minority Business Enterprise ........................ Special Desegregation Programs ............... Authority Lease Rentals ...................... Research Consortium ......................... Eminent Scholars Program .................... Total Funds Budgeted ........................ Departmental Income......................... Sponsored Income............................ Other Funds ................................. Indirect DOAS Services Funding .............. State Funds Budgeted .......... Total Positions Budgeted

.$ 550,039,221
$ 573,896,875 . $ 71,550,818
$ 151,001,309 . . $ 76,135,060
... $ 338,902 .... $ 322,487
$ 15,582,666 . . . $ 3,500,000 . . . $ 2,000,000 .$ 894,328,117 .$ 23,326,954 $ 147,685,878 .$ 170,248,764 . . . $ 3,027,300 .$ 550,039,221
17,496

B. Budget Unit: Regents Central Office and Other Organized

Activities .....................................................$ 128,083,935

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. ..................................$ 151,855,364

Sponsored Operations .........................................$ 46,997,452

Operating Expenses:

Educ., Gen., and Dept. Svcs. ...................................$ 66,080,233

Sponsored Operations .........................................$ 20,013,465

Fire Ant and Environmental Toxicology Research ....................$ 249,308

Agricultural Research .............................................$ 1,366,003

Advanced Technology Development Center .......................... $ 874,054

Capitation Contracts for

Family Practice Residency ......................................$ 2,267,000

Residency Capitation Grants ......................................$ 2,137,500

Student Preceptorships ............................................$ 158,000

Center for Rehabilitation Technology .................. ^. ... ^. ......$ 356,175

Capital Outlay--ETMH Renovations ...............................$ 3,300,000

SREB Payments .................................................$ 6,284,950

Medical Scholarships ..............................................$ 587,000

Regents Opportunity Grants .......................................$ 600,000

Regents Scholarships ..............................................$ 200,000

Grants to Junior Colleges .........................................$ 6,520,444

Rental Payments to Georgia Military College .... $ 225,000

Total Funds Budgeted ..........................................$ 310,071,948

Departmental Income .............................................$ 1,810,817

Sponsored Income ...............................................$ 67,010,917

Other Funds ......................................... .........$ 112,610,579

Indirect DOAS Services Funding ...................................$ 555,700

State Funds Budgeted ..........................................$ 128,083,935

Total Positions Budgeted

6,164

FRIDAY, FEBRUARY 14, 1986

777

Regents Central Office and Other Organized Activities Functional Budgets

Pos.

Total Funds

State Funds

Marine Resources Extension Center

32

1,516,646 $

965,175

Skidaway Institute of Oceanography

38

3,416,321 $ 1,254,017

Marine Institute

20

1,058,560 $

718,560

Georgia Tech Research Institute

528

75,988,994 $ 8,645,935

Engineering Extension Division

113

3,349,708 $ 1,792,114

Agricultural Experiment Station

906

42,651,500 $ 27,200,855

Cooperative Extension Service

997

40,713,488 $ 27,100,788

Eugene Talmadge Memorial Hospital

3,266

109,795,557 $ 33,464,185

Veterinary Medicine Experiment Station

67

2,503,551 $ 2,503,551

Veterinary Medicine Teaching Hospital

55

1,980,769 $

477,458

Family Practice Residency Program

6

4,850,216 $ 4,850,216

Georgia Radiation Therapy Center

33

1,354,897 $

184,549

Athens and Tifton Veterinary Laboratories

2 $ 2,052,348

87,139

Regents Central Office Undistributed

101 $ 18,839,393

0$

--0--

18,839,393

Total

6,164 $ 310,071,948 $ 128,083,935

C. Budget Unit: Georgia Public Telecommunications Commission ...... . $ 5,776,493

Public Telecommunications Commission Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. ....................................$ 3,814,825

Operating Expenses:

Educ., Gen., and Dept. Svcs. ....................................$ 5,328,847

Total Funds Budgeted .............................. ^. ............$ 9,143,672

State Funds Budgeted ............................................$ 5,776,493

Total Positions Budgeted

149

Authorized Motor Vehicles

14

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................$ 52,797,868 Operations Budget: Personal Services................................................$ 33,115,680 Regular Operating Expenses .......................................$ 1,115,210 Travel ..........................................................$ 1,326,398 Motor Vehicle Equipment Purchases .................................$ 45,700 Publications and Printing .........................................$ 2,068,732 Equipment Purchases. ............................................$ 1,187,363 Computer Charges ...............................................$ 6,723,106 Real Estate Rentals ..............................................$ 1,753,806 Telecommunications ...............................................$ 633,285 Per Diem, Fees and Contracts ......................................$ 352,150 County Tax Officials/Retirement and PICA .........................$ 1,644,000 Grants to Counties/Appraisal Staff. ................................$ 1,663,187 Motor Vehicle Tag Purchases .....................................$ 2,272,600

778

JOURNAL OF THE SENATE

Motor Vehicle Decal Purchases Postage ......................... Total Funds Budgeted ............ Indirect DOAS Services Funding State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

Department of Revenue Functional Budgets

Pos.

Total Funds

Departmental Administration

48 $ 4,248,317

Internal Administration

78 $ 6,889,174

Electronic Data Processing Field Services

49 $ 2,488,904 363 $ 11,363,154

Income Tax

148 $ 6,644,279

Motor Vehicle

253 $ 13,114,132

Central Audit

111 $ 4,539,527

Property Tax

56 $ 3,773,027

Sales Tax Undistributed

125 $ 0$

3,582,354 -- 0--

Total

1,231 $ 56,642,868

......$ 495,000 $ 2,246,651 $ 56,642,868
.....$ 3,845,000 . . . . $ 52,797,868
1,231 65

State Funds

$ 4,248,317

$ 6,789,178

$ 2,488,904

$ 11,273,154

$ 5,244,287

$ 11,059,132

$ 4,539,527

$ 3,773,027

$ 3,382,342

$

-- 0--

$ 52,797,868

Section 36. Secretary of State.

A. Budget Unit: Secretary of State

$ 16,668,795

Personal Services ................

. . . .$ 10,443,508

Regular Operating Expenses .

.$ 1,427,788

Travel ..........................

......$ 196,350

Motor Vehicle Equipment Purchases .......................... ......$ 101,800

Publications and Printing .........

. $ 358,316

Equipment Purchases. ............

......$ 175,745

Computer Charges ...............

......$ 657,959

Real Estate Rentals ..............

.$ 1,814,119

Telecommunications ....

......$ 291,200

Per Diem, Fees and Contracts . . . . .

......$ 441,700

Election Expenses ................

......$ 500,000

Postage ........................

......$ 320,410

Total Funds Budgeted ............

. . . . $ 16,728,895

State Funds Budgeted ............

$ 16,668,795

Total Positions Budgeted

375

Authorized Motor Vehicles

74

Secretary of State Functional Budgets

Pos.

Total Funds

State Funds

Internal Administration

58 $ 2,473,115 $ 2,471,015

Archives and Records

86 $ 3,877,225 $ 3,827,225

Corporations Regulation

44 $ 1,503,244 $ 1,501,244

Elections and Campaign Disclosure

14 $ 1,216,999 $ 1,216,999

Securities Regulation

23 $ 1,003,557 $

997,557

Drugs and Narcotics

15 $

654,948 $

654,948

FRIDAY, FEBRUARY 14, 1986

779

State Campaign and Financial Disclosure
Occupational Certification

3$ 132 $

138,697 5,861,110

Undistributed Total

0$

-- 0--

375 $ 16,728,895

anc tional Budgets

Board Costs

Accounting Architect Athletic Trainers Auctioneers
Barbers
Chiropractic
Construction Industry
Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family
Therapists Medical Examiners Nursing Home
Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Well Water Total

$ 184,908

$

47,942

$

1,242

$

6,242

$

11,473

$

11,095

$

54,563

$

37,092

$

56,467

$

11,500

$

51,468

$

3,139

$

17,463

$

3,331

$

4,987

$

13,523

$

2,331

$

30,080

$ 205,418

$

12,069

$

59,775

$

5,218

$

15,285

$

2,179

$

67,179

$

11,791

$

3,722

$

5,734

$

56,001

$

11,915

$

15,374

$

4,871

$

3,405

$

4,520

$

12,019

$

9,523

$

35,027

$

4,932

$

4,606

$ 1,099,409

B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services.................... Regular Operating Expenses .........

$

138,697

$ 5,861,110

$

-- 0--

$; 16,668,795

Cost of Operations

$

341,315

$

118,563

$

3,043

$

31,275

$

140,719

$

105,883

$

327,706

$

636,089

$

273,255

$

30,000

$

273,429

$

30,840

$

170,228

$

17,502

$

19,842

$

23,896

$

17,995

$

147,485

$

956,652

$

32,222

$

670,816

$

26,810

$

37,426

$

8,662

$

378,707

$

39,703

$

9,462

$

16,224

$

468,838

$

277,840

$

66,489

$

23,164

$

18,520

$

19,196

$

210,360

$

34,301

$

95,266

$

107,713

$

13,541

$

6,220,977

. . . . $ 1,182,779

.... $ 685,741 .....$ 107,748

780

JOURNAL OF THE SENATE

Travel ............................ Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges ................. Real Estate Rentals ................ Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted .............. State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
Real Estate Commission Functional Budget

Real Estate Commission

Pos.

State Funds

28 $ 1,182,779

. . . $ 12,500 .... $ --0-- ... $ 26,000 .... $ 5,350
$ 192,740 . . . $ 40,450 ... $ 18,250
$ 94,000 .$ 1,182,779 .$ 1,182,779
28 12
Cost of Operations
1,223,229

Section 37. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission Administration Budget: Personal Services............................................. Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Equipment Purchases ........................... Publications and Printing ..................................... Equipment Purchases ........................................ Computer Charges ........................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. Payment of Interest and Fees ................................. Guaranteed Educational Loans ................................ Tuition Equalization Grants................................... Student Incentive Grants ..................................... Law Enforcement Personnel Dependents' Grants ........................................ North Georgia College ROTC Grants .......................... Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants ........................... Academic Scholarships........................................ Total Funds Budgeted ........................................ State Funds Budgeted ........................................ Total Positions Budgeted Authorized Motor Vehicles

Georgia Student Finance Commission Functional Budgets

Internal Administration

Pos.

Total Funds

105 $ 4,093,512

Higher Education Assistance Corporation
Georgia Student Finance Authority
Undistributed Total

0$

430,000

0 $ 18,705,572

0$

-- 0--

105 $ 23,229,084

$ 16,593,641
. . $ 2,727,947 $ 185,120
... $ 52,000
$ 78,654 .... $ 12,775
$ 910,926 . . . . $ 84,590 .... $ 41,500 . . . $ 430,000
$ 3,113,550 . $ 10,700,000 . $ 4,443,122
. ... $ 35,000 . . . $ 111,000
$ 162,400 . . $ 140,500 .....$ -0-- .$ 23,229,084 .$ 16,593,641
105 1
State Funds --0--
205,000
16,388,641 --0--
16,593,641

FRIDAY, FEBRUARY 14, 1986

781

Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee Soil and Water Conservation Central Office Budget: Personal Services ............................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Equipment Purchases ............... Publications and Printing ......................... Equipment Purchases Computer Charges Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted ............................ Total Positions Budgeted Authorized Motor Vehicles

$ 908,944
$ 599,139 $ 56,380 . $ 52,212 . . $ --0-- . $ 21,670 . $ 2,620 $ 3,000 $ 32,867 . $ 17,970 $ 123,086 $ 908,944 $ 908,944
20 1

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Departmental Operations Budget: Personal Services Regular Operating Expenses............. Travel ................................ Motor Vehicle Equipment Purchases . Publications and Printing ............... Equipment Purchases. .................. Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ...........
Cost-of-Living Increases for Local Retirement System Members ....................
Floor Fund for Local Retirement Systems ................ Total Funds Budgeted .................................. State Funds Budgeted .................................. Total Positions Budgeted Authorized Motor Vehicles

$ 2,798,000
$ 1,967,069 $ 74,400
. $ 24,000
.. . $ 54,000 . . . $ 12,215 . $ 644,346 . $ 185,115 . $ 102,406
$ 274,000 $ 88,000
$ 1,630,000 .$ 1,168,000 $ 6,223,551 . $ 2,798,000
67 1

Section 40. Department of Transportation.

Budget Unit: Department of Transportation ................ ........$ 454,503,256

For Public Roads and Bridges, for Grants to Counties for Road Construction

and Maintenance, and for other transportation activities.

Departmental Operations Budget:

Personal Services.......................................

$ 159,459,089

Regular Operating Expenses.............................

$ 46,179,642

Travel ................................................

. .$ 1,633,112

Motor Vehicle Equipment Purchases .....................

. . . $ 1,000,000

Publications and Printing ...............................

.... $ 825,147

Equipment Purchases. ..................................

. . $ 2,442,058

Computer Charges .....................................

. . $ 2,362,670

Real Estate Rentals ....................................

. . . $ 1,086,778

Telecommunications ....................................

. . . $ 1,722,399

Per Diem, Fees and Contracts ...........................

. .$ 8,991,102

Capital Outlay .........................................

.$584,950,487

Grants to Counties .....................................

. . $ 9,317,013

782

JOURNAL OF THE SENATE

Authority Lease Rentals State of Georgia General
Obligation Debt Sinking Fund Grants to Municipalities Capital Outlay--Airport Development Capital Outlay--Airport Approach Aid
and Operational Improvement Mass Transit Grants ......................... Savannah Harbor Maintenance Payments Spoilage Area Acquisition,
Clearing, Preparation and Dike Reconstruction Fall Line Freeway and Golden Isles Parkway Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

Department of Transportation Functional Budgets

Pos.

Total Funds

Motor Fuel Tax Budget

Planning and Construction

2,998 $ 601,405,151

Maintenance and Betterments Facilities and Equipment

3,547 0

$ 173,112,701 $ 4,608,247

Assistance to Counties Administration Undistributed

0 $ 9,317,013

362 $ 31,121,907

0$

--0--

Total

6,907 $ 819,565,019

General Funds Budget

Grants to Municipalities

0 $ 9,317,000

Paving at State and Local Schools and State Institutions
Paving at State Parks and Historic Sites

0$ 0$

848,500 500,000

Air Transportation

16 $ 1,347,153

Inter-Modal Transfer Facilities

23 $ 13,147,581

Harbor Maintenance Facilities

0 $ 3,630,000

Fall Line Freeway and Golden Isles Parkway

0 $ 1,500,000

Planning and Construction

0 $ 1,600,000

Local Assistance Road Program

0 $ 10,000,000

Total

39 $ 41,890,234

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service Departmental Operations Budget: Personal Services. ............................ Regular Operating Expenses ................... Travel ......................................

.....$ 12,145,821
......$ 3,458,506 ......$ 9,317,000 ......$ 1,270,000
......$ 1,368,000 ......$ 8,796,429 .......$ 630,000
......$ 3,000,000 ......$ 1,500,000
$861,455,253 $ 454,503,256
6,946 4,800

State Funds

$ 213,263,028

$ 167,527,881

$ 3,408,247

$ 9,317,013

$ 30,671,907

$

--0--

$ 424,188,076

$ 9,317,000

$

848,500

$

500,000

$

957,153

$ 4,962,527

$

630,000

$ 1,500,000 $ 1,600,000

$ 10,000,000 $ 30,315,180

.....$ 15,051,960
......$ 3,744,585 ........$ 56,290 ....... . $ 82,000

FRIDAY, FEBRUARY 14, 1986

783

Motor Vehicle Equipment Purchases Publications and Printing ........... Equipment Purchases .............. Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... Capital Outlay ..................... Postage ........................... Operating Expense/Payments to
Central State Hospital............ Operating Expense/Payments to
Medical College of Georgia ........ Regular Operating Expenses
for Projects and Insurance ........ Total Funds Budgeted .............. State Funds Budgeted .............. Total Positions Budgeted Authorized Motor Vehicles

.... $ --0-- $ 21,000
... $ 71,964 .... $ --0-- . $ 194,766 . . . $ 56,500 ... $ 9,360 .... $ --0--
. $ 32,500
. $ 8,662,847
. $ 4,606,408
. $ 716,980 $ 18,255,200 $ 15,051,960
141 1

Veterans Service Functional Budgets

Veterans Assistance
Veterans Home and Nursing Facility--Milledgeville
Veterans Nursing Home--Augusta
Undistributed
Total

Pos.

Total Funds

State Funds

141 $ 4,206,541 $ 3,945,850

0 $ 8,713,552 $ 6,887,352

0 $ 4,778,907 $ 3,662,558

0$

556,200 $

556,200

141 $ 18,255,200 $ 15,051,960

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services. ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Equipment Purchases ... Publications and Printing ................ Equipment Purchases.................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Postage ................................ Total Funds Budgeted................... State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

. . $ 5,747,923
! 4,426,252 $ 121,052 . $ 57,000 . . $ --0-- $ 85,400 $ 15,350 $ 245,292 $ 491,792 . $ 82,485 $ 178,300 $ 80,000 > 5,782,923 i 5,747,923
146 1

Workers' Compensation Board Functional Budgets

Administration Vocational Rehabilitation Undistributed Total

Pos.

Total Funds

State Funds

129 $ 5,248,951 $ 5,213,951

17 $

533,972 $

533,972

0$

--0-- $

146 $ 5,782,923 $ 5,747,923

784

JOURNAL OF THE SENATE

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .........................................$ 189,169,521
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...........................................$ 20,662,250
Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions of judges and employ ees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council.
Section 50. Provisions Relative to Section 10, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service:
General Services ............................................ . . ........$ 512,821 Data Processing Services ............................................$ 45,501,134 Motor Vehicle Services ...............................................$ 2,267,469 Communication Services .............................................$ 34,007,611 Printing Services .....................................................$ 4,578,652

FRIDAY, FEBRUARY 14, 1986

785

The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services.
The Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.
Section 51. Provisions Relative to Section 11, Department of Agriculture. From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Ex penses, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for 'on-farm' testing for brucellosis in cattle to be transported out of Georgia.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers.
The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.
No expenditure from the appropriation in Section 11 relating to Renovation, Construc tion, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets).
Section 52. Provisions Relative to Section 16, State Board of Education--Department of Education. From the appropriation in Section 16 (State Board of Educa tion--Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff develop ment program specifically for special education teachers utilized in programs for intellectu ally gifted students and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools; and $18,601,401 of the compensatory edu cation funds is designated for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each local system's com pensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a local sys tem's compensatory education plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two.
Compensatory Education funds shall be distributed on the basis of the number of stu dents in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels.
None of the State funds appropriated in Section 16 may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the Gen eral Assembly.
Where teaching personnel are paid in whole or in part from funds other than Statelocal funds, the fund source from which such salary is paid shall bear the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, further, that for systems which do not elect to implement the full day kinder-

786

JOURNAL OF THE SENATE

garten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attend ance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to imple ment the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allot ments shall not exceed the actual cost of mid-day transportation by the local system.
State funds appropriated to local systems for classroom teacher salaries on the basis of average daily attendance in grades 1 through 7 shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
For the purpose of mid-term adjustment in grades 1 through 7, additional units shall be the difference between the total earned and total allotted in those grades.
No payments from funds appropriated for Maintenance and Operation, Sick and Per sonal Leave and Instructional Media for special education teachers shall be made prior to such teaching unit being filled.
Teaching units allocated under Code Section 20-2-152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
From the appropriation in Section 16 (State Board of Education--Department of Edu cation) for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Code Section 20-2-157 for grades 1 and 2 at a ratio of 1:20 students in average daily attendance.
Local school systems, in accordance with State Board policy, may use additional in structional units earned in grades 1 and 2 to employ either certificated or licensed instruc tional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2-157(b)(2), Code Section 20-2-160 and Code Section 20-2-159.
From appropriations in Section 16 (State Board of Education--Department of Educa tion) for salaries relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2), funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Planning and Budget.
The funds appropriated in Section 16 (State Board of Education--Department of Edu cation) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1986 entitlements were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1986.
Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.
None of the State funds appropriated in Section 16 may be used for the purpose of renovating the Area Vocational Technical Schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
The Board of Postsecondary Vocational Education is hereby directed to develop plans for a postsecondary vocational education facility at Georgia Southern College in Statesboro, Georgia.
The Board of Postsecondary Vocational Education is hereby directed to complete a

FRIDAY, FEBRUARY 14, 1986

787

feasibility study regarding the need of a postsecondary vocational education facility in Lib erty County.

Section 53. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by forty-five one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of in creases provided on January 1 and July 1 of 1984, and January 1, 1985.

Section 54. Provisions Relative to Section 18, Forestry Commission. From the Appro priation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is in tended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance.

Section 55. Provisions Relative to Section 21, Office of the Governor. There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said Fund. Expenditures from this Fund shall be made in accordance with other provisions of State law and the Constitution.

Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants--State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia.

Section 56. Provisions Relative to Section 23, Department of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $250,000 is designated and committed for the purchase of clotting factor for the hemophilia program.

No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 70% of the standards of need, effective April 1, 1986; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3
4
5 6 7 8 9 10 11

Standards of Need
$202 306 366
432
494 536 580 616 648 694 742

Maximum Monthly Amount
$141 214 256
302
346 375 406 431 454 486 519

Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally.

Provided, that of the above appropriation, the Department of Human Resources is au thorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his

788

JOURNAL OF THE SENATE

or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise.
From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.
Provided, that of the above appropriation relating to Computer Charges, the Depart ment is authorized to utilize up to $31,197 from existing funds for the purpose of purchasing personal computers for Financial Services and Budget Services.
From the appropriation in Section 23, the Department of Human Resources is author ized to provide treatment for eye disorders, provided that treatment for such disability can not be obtained from other sources.
The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital.
No dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics.
From the appropriation in Section 23 (Department of Human Resources) relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State.
The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
The Department of Human Resources may transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDCInstitutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983.
Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is committed for funding of the Community Cardiovascular Council Stroke-Screen ing Program.
From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treat ment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care.
From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and committed for a program of screening and treatment of diabetes in the Co lumbus area.
Provided, that the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for foster children over age twelve, not to exceed $300.
Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.

FRIDAY, FEBRUARY 14, 1986

789

It is the intent of this General Assembly that no money designated for Mental Retarda tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.
All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treatment services program in Middle Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohib ited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $406, and the Department is di rected to supplant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Community Mental Retardation Residen tial Services to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients and that these residential services be available to clients residing in the community as well as those re turning to their communities from institutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Services, $33,750 is designated and committed for the purpose of contin uing the work experience component of the Ft. Yargo Group Home Program.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Depart ment of Offender Rehabilitation to provide appropriate security coverage for inmate labor at these Hospitals.
Section 57. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade) relative to adver tising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.
Section 58. Provisions Relative to Section 26, Department of Labor. It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of ef-

790

JOURNAL OF THE SENATE

fort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees concerning the need to concentrate responsibility for all building in spections, including the inspection of elevators and boilers, in a single State agency.
Section 59. Provisions Relative to Section 28, Department of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health.
Provided, that of the appropriation in Section 28, no funds for the payment of Medi caid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 60. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The employer contribution paid by the State for Teachers' Health Insurance shall be for State-allotted teachers and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.
The Department is authorized to assess no more than $116.81 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 61. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and mainte nance of State Parks and Historic Sites facilities.
Provided, further, of the funds appropriated to the Department of Natural Resources, $200,000 is designated and committed for the purpose of planning a recreational facility at Sandy Creek on Lake Walter F. George.
Provided, however, the Department of Natural Resources is authorized to support and promote local and statewide tourism at designated historic sites from funds included in the above appropriation.
Section 62. Provisions Relative to Section 14, Department of Corrections. Funds ap propriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county.
From the appropriation in Section 14 (Department of Corrections) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project.
With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs.
The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia.

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791

Section 63. Provisions Relative to Section 31, Department of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report.
To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants.
For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by No vember 1 of each year. The Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
Section 64. Provisions Relative to Section 34, Regents, University System of Georgia. Where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or by any college or university from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee reve nue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
The 1 '/2 % Personal Services continuation factor incorporated into the Resident In struction appropriation in Section 34 (Regents, University System of Georgia) shall be uti lized to provide 2 '/2 % merit-type increases.
The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The payment of Grants to Junior Colleges shall be based on a rate of $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent fulltime student.
Section 65. Provisions Relative to Section 35, Department of Revenue. From the ap propriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,433,600 is designated and committed for the sole purpose of contracting for the produc tion of at least 1,120,000 motor vehicle tags and may be used for partial, advance payment during tag production.
Section 66. Provisions Relative to Section 37. From the appropriation in Section 37 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.

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Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teachers: Not to exceed $30,000
E) Students who are to become mathematics or science teachers: Not to exceed $300,000
The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416.
Section 67. Provisions Relative to Section 40, Department of Transportation. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for let ting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
Grants to Counties for aid in county road construction and maintenance shall be dis tributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.
Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Arti cle III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter.
Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air-transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Of the above appropriation $975,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Fall Line Freeway,

FRIDAY, FEBRUARY 14, 1986

793

a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied.

Of the above appropriation $525,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Golden Isles Park way, from 1-75 along U.S. 341 to 1-95.

This Appropriation Bill authorized $82 million in 5 year General Obligation Bonds for construction of various projects on the State Highway system that were prefinanced by the Department of Transportation. The funds that were used to prefinance the projects that will be funded by the bond funds are appropriated for the construction of four-lane highway segments in designated growth areas and for the Savannah Harbor Project as follows:

Corridor Z and Appalachian Highway Other Routes Savannah Harbor Widening Project

$40 million 40 million 2 million

($2 million in General Funds for LARP Projects will be used for the Savannah Harbor widening and will be replaced by funds that were used to prefinance the projects)

Provided, however, the Department of Transportation is authorized to utilize up to $5,000,000 of available funds for the purpose of financing railroad relocation projects ap proved by the Department.

Section 68. Provisions Relative to Section 41, Department of Veterans Service. From the appropriation in Section 41 (Department of Veterans Service), the Department of Veter ans Service is authorized to utilize up to $280,000 of operating funds to match Federal fund ing if it becomes available to design a veterans nursing home in Georgia.

Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,246,629 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit 'A') and for State mental health/mental retardation institutions ($6,111,629 Budget Unit 'C') in the Department of Human Re sources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.

Section 70. Appropriations to the object class 'Authority Lease Rentals' shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.

Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

Section 72. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.

The State Auditor shall make the utilization of State motor vehicles a matter of special

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interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 74. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropria tions Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 77. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.
Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year ad dressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 79. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommen dations contained in the Budget Report submitted to the General Assembly at the 1985 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive

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795

Branch between objects, functional budgets, programs and activities subject to the condi tions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendations by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Gov ernment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submit ted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 80. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 81. For the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wag ons and any other such vehicles for street and highway use; and
(2) The number of authorized motor vehicles indicated for each budget unit shall in clude leased vehicles and State-owned vehicles; and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
Section 82. There is hereby appropriated a specific sum of Federal grant funds, -said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 83. The Office of Planning and Budget is hereby directed to economize wher ever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 84. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,582,477 for S.F.Y. 1986.
Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $20,500,000 is specifically appropriated for

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the purpose of financing a highway construction program of the Department of Transporta tion by means of the acquisition, construction, development, extension, enlargement, im provement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $82,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $162,250 is specifically appropriated for the purpose of fi nancing the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment, and facilities of the Board of Re gents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,475,000 in principal amount of General Obligation Debt."
Section 2. Said Act is further amended by striking Section 93 in its entirety and by inserting in lieu thereof a new Section 93 to read as follows:
"Section 93. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1986 ..............................................$ 5,225,947,058."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Dawkins

Harrison

Tate

Scott of 36th

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797

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th moved that HB 1259 be immediately transmitted to the House.
On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 1259 was imme diately transmitted to the House.
The following general bill of the Senate, having been read the third time on February 3 and postponed until February 4, committed to the Senate Committee on Governmental Op erations on February 5, and favorably reported by the committee, was put upon its passage:
SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date.
The Senate Committee on Governmental Operations offered the following substitute to SB 405:
A BILL
To be entitled an Act to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:
"15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

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Population

Minimum Salary

0 -- 5,999 ................................................ 6,000 -- 11,999 ................................................ 12,000 -- 19,999 ................................................ 20,000 -- 29,999 ................................................ 30,000 -- 39,999 ................................................ 40,000 -- 49,999 ................................................ 50,000 -- 99,999 ................................................ 100,000 -- 199,999 200,000 -- 249,999 ................................................ 250,000 -- 299,000 ................................................ 300,000 -- and up ................................................

$ 14,746.00 20,249.00 22,938.00 24,576.00 26,214.00 27,852.00 29,491.00 31,130.00 32,768.00 45,315.00 50,023.00"

Section 2. This Act shall become effective on January 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 405 offered by the Senate Committee on Governmental Operations by adding after the first semicolon on line 4 of Page 1 the following:
"to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to compensation of clerks of superior court for service in other courts, so as to change the provisions for entitlement to and amount of such compensation;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding after Section 1 a new Section 2 to read as follows:
"Section 2. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to compensation of clerks of superior court for service in other courts, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:
'15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 each clerk of the superior court of any county who also serves as clerk of a state court, juvenile court, or civil court under any applicable general or local law of this state shall for his services in one or more of such other courts, have his minimum salary increased by $200.00 per month, to be paid from the funds of the county. A clerk who serves in more than one such court shall receive only one such $200.00 increase in his minimum salary. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court. Notwithstanding the foregoing, no increase in minimum salary shall apply to a clerk of superior court for the performance of the duties of clerk of juvenile court in a county which does not have a separate juvenile court judge who is not a superior court judge.' "
Senator Trulock of the 10th offered the following amendment:
Amend the amendment offered by Senator Allgood of the 22nd to SB 405 by adding after the word
"judge."
on Page 2, line 10, the following:
"The provisions of this Section shall become effective for each Superior Court Clerk upon the beginning of a new term of office."

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799

On the adoption of the amendment, the yeas were 29, nays 8, and the amendment was adopted.

On the adoption of the amendment offered by Senator Allgood of the 22nd, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood BBoarnkder Brantley Coverdell

Dawkins Engram Harris Harrison Horton

Howard Stumbaugh Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Baldwin Barnes Bowen Brannon
Broun of 46th Brown of 47th Bryant Burton Deal Dean English Fincher

Foster Gillis Greene Hine
Holloway Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Phillips
Ray Reddish Scott of 2nd Starr Tate Timmons Turner Walker

Those not voting were Senators:

Cobb Coleman

Garner

Scott of 36th

On the adoption of the amendment, the yeas were 16, nays 36, and the amendment offered by Senator Allgood of the 22nd was lost.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Dawkins Deal Dean English Engram Fincher

Foster Gillis Greene Harris Harrison Holloway Horton Howard Hudgins

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Huggins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Starr

Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those voting in the negative were Senators:

Albert Allgood

Barker

Tysinger

Those not voting were Senators:

Cobb

Hine

Garner

Scott of 36th

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 264. By Senators Peevy of the 48th and Brown of the 47th:
A bill to add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for the initial appointment and subsequent election of said judge; to provide for all re lated matters; to provide an effective date.

The House amendment was as follows:
Amend SB 264 by striking from line 18 of Page 1 the numbers "1985" and inserting in lieu thereof the numbers "1986".
By striking from line 19 of Page 1 the numbers "1986" and inserting in lieu thereof the numbers "1988".
By striking from line 21 of Page 1 the numbers "1986" and inserting in lieu thereof the numbers "1988".
By striking from line 6 of Page 2 the numbers "1985" and inserting in lieu thereof the numbers "1986".

Senator Peevy of the 48th moved that the Senate agree to the House amendment to SB 264.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Coleman Coverdell Dawkins Deal Dean

FRIDAY, FEBRUARY 14, 1986

801

English Engram Fincher
FGoasrtneerr Gillis Harris Harrison Hine Howard

Hudgins Kennedy Kidd
Land Langford McGill McKenzie Peevy Perry

Phillips Reddish Starr
Stumbaugh Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Cobb (excused) Greene Holloway Horton

Huggins Ray Scott of 2nd

Scott of 36th Tate Trulock

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 264.

Senator Scott of the 36th introduced Henry Mitchell III, a commercial art student at Atlanta Area Vocational-Technical School, who was congratulated for receiving the 1985 Georgia Occupational Award of Leadershop (GOAL) by SR 362 adopted February 7.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1242. By Representative Triplett of the 128th:
A bill to amend Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, so as to eliminate certain requirements placed on a pilot to give directions for moorings and to dock ships.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Hudgins Huggins

Kennedy Kidd Land McGill Peevy Perry Phillips Reddish Scott of 2nd Starr Stumbaugh Tate Timmons Tolleson Trulock

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Turner

Tysinger

Walker

Those not voting were Senators:

Barker Bond Cobb (excused)

Horton Langford McKenzie

Ray Scott of 36th

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 338. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Ports Authority Act," so as to change the provisions relat ing to venue; to provide that venue in all actions brought against the Georgia Ports Authority shall be in the Superior Court of Chatham County; to provide for applicability; to provide an effective date.

The House amendment was as follows:
Amend SB 338 by adding after "actions" on line 24, Page 1, the following:
"provided however, the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County."

Senator Coleman of the 1st moved that the Senate agree to the House amendment to SB 338.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Poster Garner Gillis Greene Harris Harrison Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Peevy Perry Phillips Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Barker Bowen

Cobb (excused) Pincher

Hine McKenzie

FRIDAY, FEBRUARY 14, 1986

803

Ray Scott of 36th

Timmons

Turner

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 338.

Senator Turner of the 8th introduced the doctor of the day, Dr. William Grow, of Valdosta, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 462. By Senators Starr of the 44th and Deal of the 49th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Anno tated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to provide minimum contents and requirements for the defendant's verified petition seeking the acceptance of a plea of nolo contendere.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bnd
B^rraannt"leoyn Brown of 47th Bryant
Burton Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene
H"aamrnsson Hine Holloway
Horton Hudgins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Reddish
S,, cott of 2nd tan Stumbaugh
Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th Cobb (excused) Coleman

English Howard Huggins McKenzie

Ray Scott of 36th Timmons Tolleson

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 489. By Senators Turner of the 8th, Barnes of the 33rd, McKenzie of the 14th and others:
A bill to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to

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JOURNAL OF THE SENATE

provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 or 16-3-24 shall not be held liable in any civil action brought as a result of the threat or use of such force.

The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to SB 489:

A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provi sions of Code Section 16-3-23 shall not be held liable in any civil action brought as a result of the threat or use of such force; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, is amended by adding at the end thereof a new Code Section 51-11-9 to read as follows:
"51-11-9. A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-23, relating to the use of force in defense of a habita tion, shall not be held liable in any civil action brought as a result of the threat or use of such force."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Dean Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Bowen Cobb (excused) Deal English

Engram Holloway Ray Scott of 36th

Starr Timmons Tolleson

FRIDAY, FEBRUARY 14, 1986

805

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th asked unanimous consent to excuse Senator Cobb of the 28th from the Senate today in order that he may take medical treatments; the consent was granted, and Senator Cobb of the 28th was excused from the Senate today.
The following general bills of the House and Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1120. By Representative Beck of the 148th: A bill to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate of interest under cer tain conditions.
Senate Sponsor: Senator Holloway of the 12th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Dean

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Bowen Bryant Cobb (excused) Deal

English Engram Fincher Howard

Ray Scott of 36th Starr Timmons

On the passage of the bill, the yeas were 44, nays 0.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1263. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Greene Harris Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Reddish Scott of 2nd Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Cobb (excused) Deal

Gillis Harrison Ray

Scott of 36th Starr Timmons

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 395. By Senator Tysinger of the 41st:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents in guardianship and custody actions involving minor children, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relation ships have been terminated.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 14, 1986

807

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins

Kennedy Kidd Land Langford McGill Peevy Perry Phillips Reddish Scott of 2nd Stumbaugh Tolleson Trulock Tysinger Walker

Those not voting were Senators:

Bowen Cobb (excused) Holloway Horton

McKenzie Ray Scott of 36th Starr

Tate Timmons Turner

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 397. By Senators Perry of the 7th, Reddish of the 6th and Ray of the 19th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture con taining cocaine shall constitute a crime and be punished the same as possession of similar amounts of cocaine; to provide for penalties.

The Senate Committee on Judiciary offered the following substitute to SB 397:

A BILL
To be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture containing cocaine shall constitute a crime; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in

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violation of this article commits the felony offense of trafficking in cocaine and, upon convic tion thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of ten years and shall pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprison ment of 15 years and shall pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
(2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of co caine contained in the mixture exceeds any of the quantities of cocaine specified in para graph (1) of this subsection. Upon conviction thereof, such person shall be punished as pro vided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bond Bwen Mantle" Broun^f 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean

English Engram Fincher Foster
Garner Gillis Greene arrison "me _, Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy
Perry Phillips Reddish Scott of 2nd ^tarr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Cobb (excused) Coverdell Harris

Holloway Horton Ray

Scott of 36th Tate Timmons

FRIDAY, FEBRUARY 14, 1986

809

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1105. By Representative Padgett of the 86th:
A bill to amend Code Section 40-2-71.1 of the Official Code of Georgia Anno tated, relating to special license plates for former prisoners of war, so as to pro vide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate.
Senate Sponsors: Senators Bryant of the 3rd and Perry of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th
Brown of 47th Bryant
Burton
Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison
Hine Horton
Howard
Hudgins Huggins Kennedy

Kidd Land Langford McGill McKenzie Peevy p
Reddish Scott of 2nd Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb (excused) Coverdell Holloway

Ray Scott of 36th Starr

Stumbaugh Tate Timmons

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

Senator Kennedy of the 4th moved that the Senate insist upon the Senate substitute to HB 1259.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1259.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for emergency pow ers to enable the Department of Human Resources to order the emergency relo cation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility.
Senate Sponsors: Senators Barnes of the 33rd and Hudgins of the 15th.

The Senate Committee on Children and Youth offered the following amendment:
Amend HB 1262 by striking in their entirety lines 3 through 6 on Page 4, which read as follows:
"(iii) The health, safety, security, rights, or welfare of the children in care cannot be adequately assured by the facility.",
and inserting in lieu thereof the following:
"(iii) Children are suspected of being subjected to injury or life-threatening situation or the health or safety of the child or children is in danger."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes

Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th

FRIDAY, FEBRUARY 14, 1986

811

Burton Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Holloway Horton Howard Hudgins Kennedy Kidd Land Langford McGill McKenzie

Peevy Perry Phillips Reddish Scott of 2nd Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Bryant Cobb (excused)

Coverdell Huggins Ray

Scott of 36th Starr Stumbaugh

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon:

HB 80. By Representatives Thompson of the 20th, Cooper of the 20th, Cummings of the 17th and Burruss of the 20th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that materials obtained from or furnished by ad valorem taxpayers shall be confi dential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings.

The Second Conference Committee report on HB 80 was as follows:

The Committee of Conference on HB 80 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 80 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Wayne Garner Senator, 30th District
/s/ Max B. Brannon Senator, 51st District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE: OF REPRESENTATIVES:
/s/ Steve Thompson Representative, 20th District
Tom Crosby, Jr. Representative, 150th District
/s/ Rudolph Johnson Representative, 72nd District

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Conference Committee substitute to HB 80:
A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to provide that materials obtained from or furnished by ad valorem taxpay ers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; to provide a civil penalty for unlawful disclosure; to provide for all related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5-304, relating to the approval of county tax di gests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assess ment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not ap prove any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, 5 percent of the property, by assessed value in dispute, or number of properties may be in arbitration or on appeal."
Section 2. Said part is further amended by adding a new Code Section 48-5-314 to read as follows:
"48-5-314. (a) All records of the county board of tax assessors which consist of materials other than the return obtained from or furnished by an ad valorem taxpayer shall be confi dential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. As an illustration of the foregoing, materials which are confidential shall include, but shall not be limited to, taxpayers' accounting records, profit and loss statements, income and expense statements, balance sheets, and depreciation schedules. Such information shall remain confidential when it is made part of an appeal file. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding.
(b) Any person who knowingly and willfully furnishes information which is confidential under this Code section to a person who is not authorized by law to receive such information shall upon conviction be subject to a civil penalty not to exceed $1,000.00."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that no prosecution shall be made pursuant to this Act for any act committed before July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Garner of the 30th moved that the Senate adopt the Second Conference Com mittee report on HB 80.
On the motion, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 14, 1986

813

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb (excused) Coleman Coverdell

Hudgins Phillips Ray

Scott of 36th Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 80.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 289. By Representatives Couch of the 40th, Martin of the 26th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to au thorize certain hearsay statements made by certain children regarding sexual contact or physical abuse.
Senate Sponsor: Senator Scott of the 2nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton

Coleman Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Hine Holloway Horton Huggins Kennedy Kidd Land Langford McKenzie Peevy Perry Ray

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JOURNAL OF THE SENATE

Reddish Scott of 2nd Starr

Tate Tolleson Turner

Tysinger Walker

Those not voting were Senators:

Brantley Cobb (excused) Coverdell Harrison

Howard Hudgins McGill Phillips

Scott of 36th Stumbaugh Timmons Trulock

On the passage of the bill, the yeas were 44, nays C.

The bill, having received the requisite constitutional majority, was passed.

HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions.
Senate Sponsors: Senators Starr of the 44th and Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 748:

A BILL
To be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for deposits of bond amounts into the regis try of the court in certain cases; to provide for disbursements from the registry to the fines and forfeitures fund at the conclusion of a forfeiture proceeding; to provide for the remis sion of forfeiture under certain conditions; to provide for such conditions; to provide for applications for remission; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to the pro cedure for the surrender of the principal on a surety bond, in its entirety and substituting in lieu thereof a new Code Section 17-6-31 to read as follows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the prin cipal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty and, upon such plea or finding of guilty, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender."
Section 2. Said chapter is further amended by striking in its entirety Code Section 17-671, relating to execution hearings on bonds, and inserting in its place a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date at least 90 days after the failure to appear or as soon thereafter as the case may be

FRIDAY, FEBRUARY 14, 1986

815

heard. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond.
(b) If at the hearing it is determined that the bond should be forfeited, the judge shall so order and, after rendering such judgment of forfeiture, an execution on the order shall immediately be issued upon the bond amount which shall be deposited into the registry of the court within 15 days following the date of the order."
Section 3. Said chapter is further amended by adding at the end of Code Section 17-672, relating to the judgment of forfeiture of appearance bonds, a new subsection (d) to read as follows:
"(d) (1) On application within 120 days from forfeiture, the court shall order remission if it determines that there was no breach of the bond.
(2) If the defendant surrenders or is apprehended within 90 days after forfeiture and the delay has not prevented the proper prosecution of the defendant, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by para graph (4) of this subsection, may direct remission of a maximum of 90 percent of a forfei ture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety.
(3) Remission of a forfeiture shall not be ordered for any reason other than those speci fied in this subsection.
(4) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence supporting such applica tion. Remission shall be granted on the condition of the payment of costs by the surety unless the ground for remission is that there was no breach of the bond as provided in paragraph (1) of this subsection.
(5) After the passage of 120 days from the date of a bond forfeiture, any bond amounts which have been paid into the registry of the court shall be paid over by the clerk to the fines and forfeitures fund."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 748 offered by the Senate Committee on Judi ciary, the yeas were 0, nays 33, and the substitute was lost.
Senators Deal of the 49th and Hine of the 52nd offered the following substitute to HB 748:
A BILL
To be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide when a forfeiture occurs; to provide for deposits of bond amounts into the registry of the court in certain cases; to provide for dis bursements from the registry at the conclusion of a forfeiture proceeding; to provide for the remission of forfeiture under certain conditions; to provide for such conditions; to provide for applications for remission; to provide for other matters relative to the foregoing; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to the pro cedure for the surrender of the principal on a surety bond, in its entirety and substituting in lieu thereof a new Code Section 17-6-31 to read as follows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the

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JOURNAL OF THE SENATE

surety's principal to the sheriff in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the prin cipal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty and, upon such plea or finding of guilty, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender."
Section 2. Said chapter is further amended by striking in its entirety Code Section 17-670. relating to the commencement of forfeiture proceedings, and inserting in its place a new Code Section 17-6-70 to read as follows:
"17-6-70. A bond forfeiture occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person."
Section 3. Said chapter is further amended by striking in its entirety Code Section 17-671. relating to execution hearings on bonds, and inserting in its place a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date not later than 90 days after the failure to appear. In addition to a hearing date, the judge shall order that the bond amount be deposited into the registry of the court within 45 days following the date of the order. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond.
(b) If at the hearing it is determined that the bond should be forfeited, the judge shall so order and, after rendering such judgment of forfeiture, an execution on the order shall immediately be issued upon the bond amount. In the event that the bond amount is not so forfeited, it shall be returned from the registry of the court to the principal or the surety, whomever made such deposit.
(c) After the passage of 120 days from the date of a failure to appear, any bond amounts which have been paid into the registry of the court shall be paid over by the clerk to the fines and forfeitures fund."
Section 4. Said chapter is further amended by adding at the end of Code Section 17-672, relating to the judgment of forfeiture of appearance bonds, a new subsection (e) to read as follows:
"(e) (1) On application filed within 120 days from forfeiture, the court shall order re mission if it determines that there was no breach of the bond.
(2) Provided the bond amount has been paid into the registry of the court and there has been no breach of the terms of the bond, if the defendant surrenders or is apprehended within 90 days after forfeiture and the delay has not prevented the proper prosecution of the defendant, the court, on motion at a hearing upon notice having been given to the prose cuting attorney as required by paragraph (4) of this subsection, may direct remission of a maximum of 90 percent of a forfeiture if the surety apprehended and surrendered the de fendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety.
(3) Remission of a forfeiture shall not be ordered for any reason other than those speci fied in this subsection.
(4) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence supporting such applica tion. Remission shall be granted on the condition of the payment of costs by the surety unless the ground for remission is that there was no breach of the bond as provided in paragraph (1) of this subsection."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 14, 1986

817

On the adoption of the substitute to HB 748 offered by Senators Deal of the 49th and Hine of the 52nd, the yeas were 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Muggins Kennedy Kidd Land

Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Brantley Cobb (excused)

Coverdell Hudgins McGill

Scott of 36th Timmons

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 365. By Senators Kennedy of the 4th, Kidd of the 25th, Harris of the 27th and others:
A resolution creating the Law Enforcement Officer Salary Incentive Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bond Brannon Broun of 46th

Bryant Burton Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis

818

JOURNAL OF THE SENATE

Greene Harris Harrison S inf HHoolrltoownay
Howard
Huggins
Kennedy

Kidd Land Langford McKenzie PPeeerrvyy
Phillips
Ray
Reddish

Scott of 2nd Starr Tate Tollegon T_rulock,
Turner
Tysinger
Walker

Those not voting were Senators:

Albert Barker Bowen Brantley

Brown of 47th Cobb (excused) Coverdell Hudgins

McGill Scott of 36th Stumbaugh Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 795. By Representative Murphy of the 18th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Private Detective and Security Agencies Act," so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business.
Senate Sponsors: Senators Cobb of the 28th and Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bond Bwen
B!Bgrrr-ooa..wnua,,nnn_notonof,fe 44^.6.7f.tt.ihh, Burton Dawkins Deal Dean Engram

Fincher Foster Garner Gillis
Greene Harris
H,,H.marerison Holloway Horton Howard Huggins Kennedy Kidd

Langford McKenzie Peevy Perry
Phillips Ray
RS,,S_,cceood.ttd.ttisoohff,, ,,23n6dt,h, Tate Tolleson Trulock Tysinger Walker

FRIDAY, FEBRUARY 14, 1986

819

Those not voting were Senators:

Barker
Brandy Cobb (excused) Coleman Coverdell

English Hudgins
Land McGill

Starr Stumbaugh
Timmons Turner

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 679. By Representatives Dover of the llth, Twiggs of the 4th, Clark of the 13th and others:
A resolution urging the Congress of the United States to undertake all appropri ate actions to institute the immediate repeal of Public Law 93-531, the NavajoHopi Land Resettlement Act.
Senate Sponsors: Senators Cobb of the 28th and Deal of the 49th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen B,,BBrrraoannuntn,l,oeonyf 46th Brown of 47th Bryant
Burton Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene HTHHIiaanrrernisson Holloway Horton
Howard Huggins Kennedy Kidd Land

Langford McKenzie Peevy Perry Phillips j^ DKfcceodjtjdt-isoh,,f, 2,,nd, Scott of 36th Starr
Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Cobb (excused) Coleman Coverdell

Hudgins McGill Stumbaugh

Timmons Trulock

On the adoption of the resolution, the yeas were 47, nays 1.

820

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

HB 846. By Representatives Twiggs of the 4th, Colwell of the 4th, Rainey of the 135th, Barnett of the 10th, Watts of the 41st and others:
A bill to amend Code Section 27-2-23.1 of the Official Code of Georgia Anno tated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee.
Senate Sponsor: Senator McGill of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen BrBBrrrooywuannntoof*f 44j6r7^tthih
Burton Coleman
Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene HHTHTiaanrrerriisson
Holloway Howard
Huggins Kennedy Kidd Land

Langford McKenzie Peevy Perry Phillips j^ay ^Pr,,vc-eoJdJt.a.t-isounf,. ,,2nd,
Scott of 36th Starr
Tate Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley Cobb (excused)

Coverdell Horton Hudgins McGill

Stumbaugh Timmons Tolleson Trulock

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 474. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, so as to change the provisions of the definition of "driver educational motor vehicle".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 14, 1986

821

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Howard Huggins Kennedy

Kidd Land Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Turner Tysinger Walker

Those not voting were Senators:

Brantley Cobb (excused) Coverdell Horton

Hudgins McGill Starr Tate

Timmons Tolleson Trulock

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time and passed on February 13, and reconsidered on February 14, was put upon its passage:

HB 416. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the retirement system.
Senate Sponsors: Senators Starr of the 44th and Dean of the 31st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--House Bill 416 (LC 7 5904) Teachers Retirement System

This Bill would amend the provisions of the current law relating to reinstatement of membership in the retirement system for members who became employed by an employer who operated a local retirement fund and whose membership terminated.

822

JOURNAL OF THE SENATE

Such members who had not withdrawn their contributions to the system would be eligi ble for reinstatement without paying the reinstatement fees after rendering at least two consecutive years of membership service subsequent to the break in service. All interest credits (on contributions) which ceased after the break in service would begin again on the first day of July immediately following the completion of the two years of service following the break in service.

Under current law, such members would be required to pay an amount equal to 12.5% or 25% of their salary the last year of service prior to the break (depending on the length of the break in service) to be eligible for reinstatement.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods with a $2.3 billion estimated payroll.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$0

(3) Current employer contribution rate in effect

12.91%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill

12.91%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$296,930,000

According to the actuary for TRS the additional annual cost to the employer would be negligible in the first year as a result of this Bill.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Is/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th

Brown of 47th Bryant Burton Coleman Dawkins Deal Dean English

Engram Foster Gillis Greene Harris Harrison Hine Holloway

FRIDAY, FEBRUARY 14, 1986

823

Howard Huggins KKiedndnedy
Land
Langford

McKenzie Peevy PPehrilrlyips
Ray
Reddish

Scott of 2nd Scott of 36th Tluurrnneerr
Tysmger
Walker

Those not voting were Senators:

Albert Brantley Cobb (excused) Coverdell Fincher

Garner Horton Hudgins McGill Starr

Stumbaugh Tate Timmons Tolleson Trulock

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Burruss of the 20th and Phillips of the 120th.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1259, and that a Conference Committee be appointed.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1259.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Kennedy of the 4th and Holloway of the 12th.

824

JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. Monday, February 17, and the motion prevailed.
At 12:24 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. Monday, February 17.

MONDAY, FEBRUARY 17, 1986

825

Senate Chamber, Atlanta, Georgia Monday, February 17, 1986
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, Feb ruary 14, 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 and Senate:
HB 1755. By Representative Smith of the 78th: A bill to amend an Act creating a new charter for the City of Jackson, so as to provide that the territory of the city shall be divided into five districts; to pro vide that the municipal government and control of the city shall be vested in a mayor and five council members.
HB 1756. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th: A bill to amend an Act creating the State Court of Toombs County, so as to change compensation of the judge and solicitor of the court; to provide for cleri cal assistance to the judge and solicitor.
HB 1758. By Representatives Moody of the 153rd, Byrd of the 153rd and Smith of the 152nd: A bill to abolish the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual compensation for such officers; to provide that all fees, costs, or other emoluments of each of such officers shall become the property of the county, with certain exceptions.
HB 1760. By Representative Long of the 142nd: A bill to amend an Act incorporating the City of Cairo, so as to provide for a mayor and council members; to provide residence requirements and other qualifi cations for candidates for mayor and council members.
HB 1761. By Representative Balkcom of the 140th: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.
HB 1762. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to change the salary of the judge and the solicitor of said court.

826

JOURNAL OF THE SENATE

HB 1763. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursu ant to the "Redevelopment Powers Law," as now or hereafter amended, and pro vide for certain such powers.
HB 1764. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide for two voting districts, with three councilmen to be elected from each district; to provide qualifications; to provide for elections by the voters from such districts.
HB 806. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment exempting from Habersham County school taxes the value of a homestead owned by an individual who is totally dis abled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits.
SB 407. By Senator Kidd of the 25th:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), so as to change the compensation provisions relating to the chief magistrate and the clerk of the Magistrate Court of Putnam County.
HB 1320. By Representatives Beck of the 148th, Coleman of the 118th, Hanner of the 131st, Williams of the 6th, Ramsey of the 3rd and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or op poses any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony.
HB 1169. By Representative Groover of the 99th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for orders of the commissioner of securities assessing certain sanctions against securities dealers for specified misconduct; to grant an exemption from registration requirements for certain securities; to de clare certain records confidential.
HB 1682. By Representatives Reaves of the 147th, Moore of the 139th, Branch of the 137th, Moody of the 153rd, Royal of the 144th and others:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the certified cotton growers' organization to borrow money or incur in debtedness for certain purposes.
HB 1561. By Representatives Selman of the 32nd and Bolster of the 30th:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribu nals, so as to provide that certain children shall not be subject to hearings before

MONDAY, FEBRUARY 17, 1986

827

a disciplinary tribunal; to provide that the superintendent shall determine appro priate disciplinary proceedings.
HB 1159. By Representative Parham of the 105th:
A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Geor gia Annotated, relating to pharmacists and pharmacies, so as to provide that practitioners of the healing arts who dispense drugs shall comply with all recordkeeping and labeling requirements imposed upon pharmacists and pharmacies.
HB 1536. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public property, so as to provide for a statement of intent to implement certain provisions of the Consti tution relating to gratuities; to authorize any state agency or department to write off administratively debts or obligations to such state agency or department in certain instances.
HB 1445. By Representatives Isakson of the 21st and Williams of the 6th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from such tax the sale of oxygen when prescribed by a physician.
HB 1653. By Representative Burruss of the 20th:
A bill to repeal Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to abolish said council.
HB 1283. By Representatives Walker of the 115th and Chambless of the 133rd:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, so as to change the require ments for performance of notarial acts; to specify the manner of endorsement of an application for a notary commission.
HB 1539. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a 10 percent penalty for failure to file a timely ad valorem tax return on the part of a public utility or airline company; to eliminate the requirement that the state revenue commissioner make demand for filing of a return when a return is not timely filed.
SB 433. By Senator Horton of the 17th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground member ships and marine memberships, the failure by the seller to complete the cancella tion form, or the failure to honor cancellations.

828

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 472. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and Burruss of the 20th: A resolution designating a certain highway in Cobb County as the "Lost Moun tain Scenic Highway".
HR 461. By Representatives Cox of the 141st, Hanner of the 131st, Bargeron of the 108th, Long of the 142nd, Sherrod of the 143rd and others: A resolution deploring the decisions of the three-judge panels of the Eleventh U.S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman.
HR 597. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution to require the full deductibility of state and local taxes from taxable income for federal income tax purposes.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 554. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations; to provide for all matters relative to the foregoing.
Referred to Committee on Industry and Labor.
SB 555. By Senators Allgood of the 22nd and Albert of the 23rd: A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions concerning workers' compensation, so as to exclude from the definition of "employee," independent contractors who distribute or deliver newspapers.
Referred to Committee on Industry and Labor.
SB 556. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to abolish the second division of the State Court of Cobb County and the office of associate judge of the State Court of Cobb County; to provide for related matters; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 557. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment which relates to the City of Marietta and its board of lights and water works and their powers with respect to utility operations and financing; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 17, 1986

829

SB 558. By Senators Kidd of the 25th and Barnes of the 33rd:
A bill to amend Code Section 8-3-3.1 of the Official Code of Georgia Annotated, relating to definitions with regard to housing authorities, so as to change the definition of "eligible housing unit"; to provide an effective date. Referred to Committee on Governmental Operations.
SB 559. By Senator Bond of the 39th:
A bill to amend Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to definitions applicable to gambling and related offenses, so as to pro vide that a lottery shall not mean giving away prizes, under specified conditions, to persons selected by lot by certain nonprofit, tax-exempt charitable organiza tions; to provide conditions relative to the giving away of such prizes. Referred to Committee on Consumer Affairs.
SB 560. By Senators Langford of the 35th and Tate of the 38th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Morris Brown College; to provide for all related matters; to provide an effective date. Referred to Committee on Governmental Operations.
SB 561. By Senator Greene of the 26th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to the employment, status, and compensation of secretaries of judges of the superior courts, so as to provide that the base salary of each secretary shall be established on a pay schedule beginning at Step 1 and ending at Step 7. Referred to Committee on Judiciary and Constitutional Law.
SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employ ment past 65 years of age; to provide for related matters. Referred to Committee on Transportation.
SB 563. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility; to provide for all related matters. Referred to Committee on Transportation.
SB 564. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be consid ered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations; to provide for related matters. Referred to Committee on Transportation.

830

JOURNAL OF THE SENATE

SR 402. By Senators Trulock of the 10th, McGill of the 24th, Ray of the 19th and others:
A resolution urging the Governor to appoint a Commission on Agriculture in Georgia. Referred to Committee on Agriculture.
SR 403. By Senators Burton of the 5th, Kennedy of the 4th, Albert of the 23rd and others:
A resolution creating the Georgia Commission for the Bicentennial of the Consti tution Celebration. Referred to Committee on Rules.
SR 405. By Senators Langford of the 35th, Bond of the 39th, Albert of the 23rd and others: A resolution urging the Governor of the State of Georgia, the United States Con gress, and Private Industry Councils to change the eligibility requirements for participation in programs under the federal Job Training Partnership Act.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1159. By Representative Parham of the 105th: A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Geor gia Annotated, relating to pharmacists and pharmacies, so as to provide that practitioners of the healing arts who dispense drugs shall comply with all recordkeeping and labeling requirements imposed upon pharmacists and pharmacies.
Referred to Committee on Human Resources.
HB 1169. By Representative Groover of the 99th: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for orders of the commissioner of securities assessing certain sanctions against securities dealers for specified misconduct; to grant an exemption from registration requirements for certain securities; to de clare certain records confidential.
Referred to Committee on Judiciary and Constitutional Law.
HB 1283. By Representatives Walker of the 115th and Chambless of the 133rd: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, so as to change the require ments for performance of notarial acts; to specify the manner of endorsement of an application for a notary commission.
Referred to Committee on Judiciary and Constitutional Law.
HB 1320. By Representatives Beck of the 148th, Coleman of the 118th, Hanner of the 131st, Williams of the 6th, Ramsey of the 3rd and others: A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or op poses any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties is guilty of a felony.
Referred to Committee on Public Safety.

MONDAY, FEBRUARY 17, 1986

831

HB 1445. By Representatives Isakson of the 21st and Williams of the 6th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from such tax the sale of oxygen when prescribed by a physician. Referred to Committee on Banking and Finance.
HB 1536. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public property, so as to provide for a statement of intent to implement certain provisions of the Consti tution relating to gratuities; to authorize any state agency or department to write off administratively debts or obligations to such state agency or department in certain instances. Referred to Committee on Banking and Finance.
HB 1539. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a 10 percent penalty for failure to file a timely ad valorem tax return on the part of a public utility or airline company, to eliminate the requirement that the state revenue commissioner make demand for filing of a return when a return is not timely filed. Referred to Committee on Banking and Finance.
HB 1561. By Representatives Selman of the 32nd and Bolster of the 30th:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribu nals, so as to provide that certain children shall not be subject to hearings before a disciplinary tribunal; to provide that the superintendent shall determine appro priate disciplinary proceedings. Referred to Committee on Education.
HB 1653. By Representative Burruss of the 20th:
A bill to repeal Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to abolish said council. Referred to Committee on Education.
HB 1682. By Representatives Reaves of the 147th, Moore of the 139th, Branch of the 137th, Moody of the 153rd, Royal of the 144th and others:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the certified cotton growers' organization to borrow money or incur in debtedness for certain purposes. Referred to Committee on Agriculture.
HR 461. By Representatives Cox of the 141st, Hanner of the 131st, Bargeron of the 108th, Long of the 142nd, Sherrod of the 143rd and others:
A resolution deploring the decisions of the three-judge panels of the Eleventh U.S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman. Referred to Committee on Corrections.

832

JOURNAL OF THE SENATE

HR 472. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and Burruss of the 20th:
A resolution designating a certain highway in Cobb County as the "Lost Moun tain Scenic Highway". Referred to Committee on Transportation.
HR 597. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution to require the full deductibility of state and local taxes from taxable income for federal income tax purposes. Referred to Committee on Banking and Finance.
HB 806. By Representatives Dover of the llth and Jamieson of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment exempting from Habersham County school taxes the value of a homestead owned by an individual who is totally dis abled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits. Referred to Committee on Urban and County Affairs.
HB 1755. By Representative Smith of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson, so as to provide that the territory of the city shall be divided into five districts; to pro vide that the municipal government and control of the city shall be vested in a mayor and five council members. Referred to Committee on Urban and County Affairs.
HB 1756. By Representatives Moody of the 153rd, Byrd of the 153rd and Phillips of the 120th:
A bill to amend an Act creating the State Court of Toombs County, so as to change compensation of the judge and solicitor of the court; to provide for cleri cal assistance to the judge and solicitor. Referred to Committee on Urban and County Affairs.
HB 1758. By Representatives Moody of the 153rd, Byrd of the 153rd and Smith of the 152nd:
A bill to abolish the present mode of compensating the clerk of the superior court, the judge of the probate court, and the tax commissioner of Brantley County, known as the fee system; to provide in lieu thereof annual compensation for such officers; to provide that all fees, costs, or other emoluments of each of such officers shall become the property of the county, with certain exceptions. Referred to Committee on Urban and County Affairs.
HB 1760. By Representative Long of the 142nd:
A bill to amend an Act incorporating the City of Cairo, so as to provide for a mayor and council members; to provide residence requirements and other qualifi cations for candidates for mayor and council members. Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 17, 1986

833

HB 1761. By Representative Balkcom of the 140th:
A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.
Referred to Committee on Urban and County Affairs.

HB 1762. By Representative Balkcom of the 140th:
A bill to amend an Act creating the State Court of Miller County, so as to change the salary of the judge and the solicitor of said court. Referred to Committee on Urban and County Affairs.

HB 1763. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursu ant to the "Redevelopment Powers Law," as now or hereafter amended, and pro vide for certain such powers.
Referred to Committee on Urban and County Affairs.

HB 1764. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide for two voting districts, with three councilmen to be elected from each district; to provide qualifications; to provide for elections by the voters from such districts.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1330. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 547. SB 548. SB 549. SB 550. HB 1115. HB 1116. HB 1427.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1428. HB 1429. HB 1430. HB 1431. HB 1457. HB 1559. HB 1613.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

834

JOURNAL OF THE SENATE

HB 1640. Do pass.

HB 1641. Do pass. Respectfully submitted,
Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 56. By Senator Cobb of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the General Assembly may, by local law applicable to any particular hospital authority, provide that any sale or lease of all or part of a project must, in order to become effective, be approved at a referendum by the voters.
SB 400. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services; so as to provide for findings and a decla ration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.
SB 443. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that cer tain contributions shall be made to the State Personnel Board by local units of administration rather than from appropriations to the State Board of Education; to provide for other matters relative thereto; to provide an effective date.
SB 482. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations.
SB 492. By Senator Hudgins of the 15th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that a landlord may not prohibit a tenant from using a waterbed; to provide for requiring a tenant using a waterbed in a rental dwelling to obtain insurance; to provide for all matters rela tive to the foregoing.
SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administra tion of the authority; to change the provisions relating to staff of the authority and the duties of such staff.
SB 537. By Senators Barnes of the 33rd and Coverdell of the 40th:
A bill to amend Code Section 44-3-111 of the Official Code of Georgia Annotated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared; to provide for all related matters.

MONDAY, FEBRUARY 17, 1986

835

SR 361. By Senators Reddish of the 6th, Burton of the 5th, Scott of the 2nd and others:
A resolution providing for the designation of the Culver Kidd Medical and Surgi cal Building.
HB 1066. By Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th and Greene of the 130th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales.
HB 1158. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs.
HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd:
A bill to amend Code Section 43-27-12 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but provide for the later ter mination of that board and the repeal of the laws relating thereto.
HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title.
HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others:
A bill to amend Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Au thority, so as to provide that loans under the first-time farmer tax-free note pro gram of the authority may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agri cultural operations.
HB 1386. By Representatives Dixon of the 151st, Aaron of the 56th and Bishop of the 94th:
A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses.
HB 1532. By Representatives Steinberg of the 46th, Aaron of the 56th, Martin of the 26th and Bishop of the 94th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the home.

836

JOURNAL OF THE SENATE

HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a mu nicipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality.
HR 330. By Representative Thompson of the 20th:
A resolution designating the Colonel Mancel Newman Bridge.
HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution authorizing and directing the State Department of Transportation to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
February 14, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on February 14, 1986. The list is numbered 592 through 601.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachment:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains names and addresses of those persons, numbered 592 through 601, who have registered in the Docket of Legislative Appearance as of February 14, 1986, 3:00 p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of February, in the year of our

MONDAY, FEBRUARY 17, 1986

837

Lord One Thousand Nine Hundred and Eighty-six and of the Independence of the United States of America the Two Hundred and tenth.

(SEAL)

Is/ Max Cleland Secretary of State.

592. David M. Petrowski OSHA Environmental Network 1 AT&T Tech 2000 Northeast Expressway Norcross, GA 404/447-3889
593. Hugh Peterson, Jr. Charter Medical Inc. 2500 Trust Company Tower Atlanta, GA 30303 404/572-4740
594. James Everett Powell REGISTERED AGENT Georgia Dump Truck Assn. Dump Truck Manufacturers Axle Manufacturers Allison Mfg. Co. Ga. Truck Dealers 112 Rock Creek Drive Canton, GA 30114 404/536-4992
595. Richard Toal Communications Industry 5825A Peachtree Corners East Norcross, GA 30092 404/449-6991
595. June Deen American Lung Assn. of Georgia 2452 Spring Road Smyrna, GA 30080 404/434-8273
596. Rita Valenti Georgia Nurses Assn. 600 Northern Ave. F-301 Clarkston, GA 30021 404/876-4624 404/292-1219
597. Guy Stancil, Jr. SELF 483 Dogwood Drive Lilburn, GA 30247 404/921-6312 404/921-2726

838

JOURNAL OF THE SENATE

598. Ernest James CWA 3263 2296 Highway 138 Conyers, GA 404/483-0440
599. John D. Folds, Jr. State Farm Insurance Co. 1585 Phoenix Blvd. Atlanta, GA 30349 404/996-0509
600. Patsy D. House P.A.G.E. 3700 B Market Street Clarkston, GA 404/292-7243
601. E. Culver "Rusty" Kidd REGISTERED AGENT Kidd & Associates Middle Ga. Management Ser vices, Inc. Ga. Special Olympics Medical Assn. of Georgia MAG Mutual Ga. Liability Crisis Coalition GAMPAC P. 0. Box 77102 Atlanta, GA 30357 404/876-7535
The President called for the morning roll call, and the following Senators answered to their names:

Albert
Allgood Baldwin Barker Barnes Bond Bowen
Brown of 47th Bryant Burton Dawkins Deal Dean

Engram
Foster Gillis Greene Harris Harrison Holloway
Horton Huggins Kennedy Land Langford McGill

Those not answering were Senators:

Brannon Brantley BCorobubn of 46th
Coleman Coverdell

English Fincher GHianrener
Howard Hudgins

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Timmons Tolleson Turner Tysinger Walker
Kidd Phillips QSt. umb, augh,
Tate Trulock

MONDAY, FEBRUARY 17, 1986

839

Senator Burton of the 5th introduced the chaplain of the day, Reverend Gordon Pittard, pastor of Memorial Lighthouse Baptist Church, of Stone Mountain, Georgia, who of fered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 406. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and others: A resolution commending the Georgia Tech Baseball Team.
SR 407. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and others: A resolution commending the Georgia Tech Football Team.
SR 408. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and others: A resolution commending the Georgia Tech Basketball Team.
SR 409. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and others: A resolution commending the Georgia Tech Golf Team.
Senator Kidd of the 25th introduced the Georgia Tech Football Team and their head coach, Bill Curry, who briefly addressed the Senate.
Senator Kidd of the 25th introduced the Georgia Tech Baseball Team and their coach, Jim Morris.
The following resolutions of the Senate were read and adopted:
SR 404. By Senators Broun of the 46th, Garner of the 30th and Gillis of the 20th: A resolution expressing regret at the passing of Ava Frances Sewell Plunkett.
SR 410. By Senator Barker of the 18th: A resolution commending Reverend Isaac Franklin Salter.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 17, 1986
TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 547 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th Cobb County Continues amendment which relates to payment of a portion of revenues de rived from the taxation of alcoholic beverages in county to school districts within said county; provides authority.

840

JOURNAL OF THE SENATE

SB 548 Barnes, 33rd Brantley, 56th Harrison, 37th Tolleson, 32nd Cobb County
Continues amendment which relates to Board of Education of said county; provides authority.
SB 549 Barnes, 33rd Brantley, 56th Tolleson, 32nd Harrison, 37th Cobb County
Continues amendment which relates to authority for the enactment of legis lation relative to county board of education without necessity of a referen dum; provides authority.
SB 550 Barnes, 33rd Harrison, 37th Tolleson, 32nd Brantley, 56th Cobb County
Amends Act creating State Court; changes compensation of clerk of chief deputy clerk of State Court; provides for all related matters.
HB 1115 Deal, 49th Hall County
Provides that homestead of each resident of county school district which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in the Official Code of Ga. shall be eligible for such exemption if the net income of the owner from all sources does not exceed 8,000.00 for the immediately preceded taxable year for income tax purposes.
HB 1116 Deal, 49th City of Gainesville Hall County
Provides that homestead of each resident of city of Gainesville Independent School District which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in Code Sect. 48-5-5 of the Offi cial Code shall be eligible for such exemption if the net income of the owner from all sources does not exceed 8,000.00 for the immediate preceding taxa ble year for income tax purposes.
HB 1427 Deal, 49th Hall County
Provides by law for exercise of power of taxation.
HB 1428 Deal, 49th Hall County
Continues amendment which relates to creation of a civil service system of personnel administration for county.

MONDAY, FEBRUARY 17, 1986

841

HB 1429 Deal, 49th Hall County
Authorizes governing authority of county to continue to impose business li cense taxes and occupational taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of county.
HB 1430 Deal, 49th City of Gainesville Hall County
Continues amendment which relates to creation of the Gainesville and Hall Co. Development Authority and the powers, duties, and members of the au thority.
HB 1431 Deal, 49th Hall County
Continues amendments which relate to composition and operation of Hall County Board of Education.
HB 1457 Timmons, llth Hudgins, 15th Land, 16th McKenzie, 14th Baldwin, 29th Chattahoochee Judicial Circuit Harris, Talbot, Taylor, Muscogee, Marion, & Chattahoochee Counties
Amends Act abolishing fee system of Superior Court of Circuit, as applied to office of district attorney and provides for payment of salary of said district attorney; provides for appointment of two assistant district attorneys.
HB 1559 Bond, 39th Brantley, 56th Engram, 34th Langford, 35th Tate, 38th Coverdell, 40th Scott, 36th Fulton County
Provides an exemption from full value of homestead from county ad valorem taxes, except ad valorem taxes for bonded indebtedness and for Fulton Co. School District, for each resident of county who is 70 years of age or over or disabled if the resident's gross income does not exceed the maximum amount which may be received by a person and a person's spouse under federal S S Act.
HB 1613 Barker, 18th Houston County
Amends Act creating Board of Commissioners; authorizes county to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to Redevelopment Powers Law.

842

JOURNAL OF THE SENATE

HB 1640 Barker, 18th City of Perry Houston County
Continues amendment which relates to creation of City of Perry Industrial Building Authority and powers and administration of authority.

HB 1641 Barker, 18th City of Perry Houston County
Amends Act reincorporating and providing new charter for city; provides that city shall have and shall be authorized to exercise all redevelopment powers which are granted to municipalities pursuant to the "Redevelopment Powers Law."

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
t Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Gillis
Greene Harris aTMn Hme Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill Peevy Perry
Ray Reddish Scott of 36th Stumbaugh Tate Timmons Tolleson Trulock Turner Walker

Those not voting were Senators:

Brannon Cobb Deal
Garner

Holloway McKenzie Phillips

Scott of 2nd Starr Tysinger

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

MONDAY, FEBRUARY 17, 1986

843

SENATE RULES CALENDAR Monday, February 17, 1986
TWENTY-SEVENTH LEGISLATIVE DAY

SB 429 Federal Grant Programs--enter into agreements with other states (Int Coop--33rd)
SR 377 Study Commission on Institution of the General Assembly--create (Gov Op--17th)
SB 539 Mountain Judicial Circuit--change terms for Superior Courts (Judy--50th)
SB 478 Teachers--notice by certified mail for suspension, reprimand (AMENDMENT) (Ed--27th)
SB 427 Board of Education--no limitation on days per annum for expenses (Ed--50th)
HB 1357 County Name Decals--situations for (Gov Op--25th) HB 858 State Agencies, Departments--accept certain audits (Gov Op--25th) HB 1147 Retired Teachers' Day--designate (Ed--llth)
HB 1216 Actions Against Railroad or Electric Companies--change certain venue provi sions (Judy--33rd)

Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

The following bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 429. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with officials from other states for the purpose of facilitating implementation and administration of fed eral grant programs administered by the State of Georgia; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Hugging Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Timmons Tolleson Turner Tysinger Walker

844

JOURNAL OF THE SENATE

Those not voting were Senators:

Bond Cobb Deal

Garner Phillips Starr

Tate Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 377. By Senators Horton of the 17th, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution creating the Study Commission on the Institution of the General Assembly.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Gillia Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Cobb English

Garner

Phillips

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th introduced Honorable Lindsay Thomas, U. S. Representa tive from the 1st Congressional District, who briefly addressed the Senate.

MONDAY, FEBRUARY 17, 1986

845

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 539. By Senator Foster of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain Judicial Circuit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Dean English Engram Fincher Foster Gillis Greene Harris Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Deal Garner

Harrison Howard Reddish

Timmons Tolleson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 478. By Senator Harris of the 27th:
A bill to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional em ployees, so as to provide that certain notices required in such procedures must be given by certified mail.

The Senate Committee on Education offered the following amendment:
Amend SB 478 by striking on Page 2, line 24, and Page 3, line 5, the figure "25", and inserting in lieu thereof the figure "20".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

846

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond BnB,,Borraawnnetn.nl,oeyn BBrroowunn ooff 4467tthh
Bryant Burton Coleman Coverdell Dawkins

Dean English Engram Foster Gillis Greene .H,,HH..oianlr,,leroisway HHuodrtgoinns
Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips Ray SDK0Qceojd,tju.t'isnonkff 3oc6t.,h Sttuarmrb, augh,
TMate Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Deal Fincher

Garner Harrison Howard

Scott of 2nd Timmons Tolleson

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 427. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Annotated, relating to per diem allowances and expenses of members of the State Board of Education, so as to remove the limitation on days per annum for which expenses and allowances may be paid.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant

Burton Coverdell Dawkins Dean English Engram Fincher Gillis Greene Harris

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

MONDAY, FEBRUARY 17, 1986

847

McGill McKenzie Peevy Perry
Phillips

Ray Scott of 36th Starr Stumbaugh
Tate

Trulock Turner
lysmger Walker

Those not voting were Senators:

Barker Brantley Cobb Coleman

Deal Foster Garner Harrison

Reddish Scott of 2nd Timmons Tolleson

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th introduced the Georgia Southern Football Team and their coach, Erk Russell, who briefly addressed the Senate.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1357. By Representative Jackson of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to pro vide that duplicate license plates, county names decals, and revalidation stickers may be obtained from the county tag agent.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon
nBBrroowunn%ooff 4.4^67tuthh
Bryant Burton
Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Harris
2HHoianrlnleoSwOany
Horton Howard
Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Reddish
S,,coo,tt,tt ooff, 2,,36n-.td,h
u Stumbaugh
T?te Timmons Tolleson Turner Walker

848

JOURNAL OP THE SENATE

Those not voting were Senators:

Allgood Garner

Greene Ray

Trulock Tysinger

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 858. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Lee of the 72nd, Pettit of the 19th and others:
A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local budgets and audits, so as to require state agencies and depart ments to accept audits which meet the requirements of the federal Single Audit Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes the money or services granted by the state.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Cobb Garner

Horton Howard Ray

Reddish Timmons

On the passage of the bill, the yeas were 48, nays 0.

MONDAY, FEBRUARY 17, 1986

849

The bill, having received the requisite constitutional majority, was passed.

HB 1147. By Representative Johnson of the 72nd:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day.
Senate Sponsor: Senator Timmons of the llth.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

TO:
FROM: DATE: SUBJECT:

STATE AUDITOR'S CERTIFICATION
The Honorable Rudolph Johnson, Chairman House Retirement Committee
G. W. Hogan, State Auditor
January 24, 1986
House Bill 1147 (LC 7 6158) Retired Teachers' Day
This Bill would designate the Sunday commencing the third week of No vember each year as Retired Teachers' Day. The Bill would also allow the Governor to annually issue a proclamation recognizing this designation.
This is to certify that this is a nonfiscal retirement bill to the Teachers' Retirement System.
M G.W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bo1"1 B! owen BBrraannntloeny
Broun of 46th Brown of 47th
Bryant Burton Coleman Coverdell Dawkins

Deal English Engram Fincher Foster Gillis S'66"6 HHaarrrriisson
Holloway Howard
Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry philli Reddish Scott of 2nd fo cott of 3oc6*thu
^tarr Stumbaugh
Tate Tolleson Turner Tysinger Walker

850

JOURNAL OF THE SENATE

Those not voting were Senators:

Cobb Dean Garner

Hine Horton McKenzie

Ray Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1216. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Chambless of the 133rd and Porter of the 119th:
A bill to amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad compa nies, so as to change certain venue provisions relative to actions against railroad or electric companies.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Bryant Burton Coverdell Deal English

Engram Fincher Foster Gillis Greene Harris Harrison Holloway Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker

Voting in the negative was Senator Hine.

Those not voting were Senators:

Brantley Brown of 47th Cobb Coleman Dawkins

Dean Garner Horton McKenzie

Ray Scott of 2nd Timmons Trulock

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

At the invitation of Lieutenant Governor Zell Miller, ninety-eight former Senators and Lieutenant Governors Ernest Vandiver, Garland Byrd, Peter Zack Geer, George T. Smith and Lester Maddox appeared in the Senate Chamber to attend "Old Timers' Day".

MONDAY, FEBRUARY 17, 1986

851

Each former Senate member appeared in the Well and gave his name, the years he served in the Senate and described his present activities.
Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:35 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

852

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 18, 1986
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
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 and Senate:
HB 1765. By Representatives Bargeron of the 108th and Ross of the 82nd: 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 power of the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant dis counts for early payment of ad valorem taxes.
HB 1766. By Representative Adams of the 79th: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system.
HB 1768. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish fire protection districts and to levy taxes for such pur poses upon approval by the voters.
HB 1769. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39).
HB 1770. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143).

TUESDAY, FEBRUARY 18, 1986

853

HB 1771. By Representatives Aiken of the 21st, Cooper of the 20th, Isaksor. of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to cre ate the Downtown Marietta Development Authority (Res. Act No. 213).
HB 1772. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to com bine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72).
HB 1773. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to cre ate a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County.
HB 1774. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical exam iner (Res. Act No. 216).
HB 1775. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32).
HB 1776. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of educa tion of Cobb County and for the appointment of the Cobb County school super intendent by the board.
HB 1777. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161).
HB 1778. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant the governing authority of Cobb County the power to adopt ordinances for

854

JOURNAL OF THE SENATE

the governing of the county and to provide penalties for violations of such ordi nances (Res. Act No. 19).
HB 1779. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro vide by local law for the disposition of the assets and obligations of any munici pality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215).
HB 1781. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163).
HB 1782. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic beverages and liquors sold within Cobb County and any municipality therein to the boards of educa tion of the county or independent school district.
HB 1786. By Representatives Wilson of the 20th, Thompson of the 20th, Cooper of the 20th, Lawler of the 20th, Burruss of the 20th and others:
A bill to provide a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city.
HB 1787. By Representatives Moultrie of the 93rd, Buck of the 95th, Galer of the 97th, Bishop of the 94th, Smyre of the 92nd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor.
HB 1789. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act providing for a civil service system in Carroll County for employees of Carroll County, so as to change the composition of the civil service board of Carroll County.
HB 1791. By Representative Hooks of the 116th:
A bill to amend an Act creating the new charter for the City of Americus, so as to change the date of the municipal election.
HB 1792. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Mueller of the 126th and Johnson of the 123rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah; to provide for certain taxes and charges.

TUESDAY, FEBRUARY 18, 1986

855

HB 1795. By Representative Parrish of the 109th:
A bill to create and incorporate the City of Summertown in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof.
HB 1796. By Representative Copelan of the 106th:
A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to provide for the compensation and per diem of such members.
HB 1810. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to change the compensation and expense allowances of the members of the board of education.
HB 1815. By Representatives Coleman of the 118th and Branch of the 137th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76).
HB 1816. By Representatives Lucas of the 102nd, Groover of the 99th, Randall of the 101st, Home of the 103rd and Pinkston of the 100th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to permit board members to participate in and to be covered by any contract for group medical or hospitalization insurance plans otherwise pro vided by the authority for its director, its officers, and its employees.
HB 555. By Representatives Bostick of the 138th and Sherrod of the 143rd:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles in general, so as to require that certain trucks and certain truck tractors have the name of the owner on each side thereof; to make special provisions for trucks and truck trac tors operated by licensed motor carriers.
HB 344. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the provisions relating to the qualifications a person must have to hold the office of sheriff.
HB 1325. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts in parks, historic sites, and recreational areas, gener ally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the com missioner of natural resources.
HB 1581. By Representatives McDonald of the 12th and Coleman of the 118th: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement of ficers, firemen, and prison guards, so as to change the definition of the term "firemen".

856

JOURNAL OF THE SENATE

HB 212. By Representative Bray of the 91st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide that certain group health con tracts and plans must provide continuing coverage after cancellation for medical conditions existing at the time of cancellation and complications arising therefrom.
HB 1327. By Representative Murphy of the 18th:
A .bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or otherwise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process.
HB 1662. By Representatives Ross of the 82nd, Murphy of the 18th, Lee of the 72nd, Pinkston of the 100th, Lord of the 107th and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to pupil transportation provisions of the "Quality Basic Education Act," so as to change the provisions relative to the minimum salary for school bus drivers.
HB 1591. By Representatives Murphy of the 18th and Richardson of the 52nd:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and administrative and judicial review of agency decisions, so as to provide that any party to an appeal hearing excluding the planning agency may seek judicial review of a decision of the Health Planning Review Board.
HB 181. By Representatives Holmes of the 28th, Brooks of the 34th, Lane of the 27th, McKinney of the 35th, Bolster of the 30th and others:
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 composi tion of certain state representative districts.
HB 1544. By Representatives Burruss of the 20th, Wilson of the 20th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide for an exemption from jury duty for certain women; to provide for practices, proce dures, limitations, and conditions in connection with such exemptions; to provide for stylistic and grammatical corrections.
HB 1366. By Representatives Walker of the 115th, Murphy of the 18th and Lee of the 72nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to the salary and allowances of members and officers of the General As sembly, so as to authorize additional compensation for the assistant administra tion floor leaders of the House of Representatives.
HB 1444. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so

TUESDAY, FEBRUARY 18, 1986

857

as to authorize and direct the commissioner of revenue to design a special dis tinctive license plate for Georgia Southern College.
SB 135. By Senator Hudgins of the 15th:
A bill to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlaw fully obtained and return of property to rightful owner, so as to change the provi sions relating to the return of stolen vehicles to persons evidencing ownership of such vehicles through certificates of evidence.
SB 437. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and attendance at authorized committee meetings out of the state.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 690. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others:
A resolution providing for the designation of the "Henry L. Reaves Arena".
HR 691. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others:
A resolution providing for the designation of the "Sam P. McGill Exhibition Building".
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the pur poses of the authority; to change the powers of the authority; to change defini tions; to change the composition of the authority's membership; to provide for unsecured loans.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others:
A bill to amend Code Section 19-13-1 of the Official Code of Georgia Annotated, relating to the definition of family violence, so as to change such definition.

858

JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 502. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Thomas of the 31st, Holmes of the 28th and others:
A resolution calling for the release of South African political prisoners and detainees.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 565. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for any officer of the court, law enforcement officer, or attor ney in this state to engage either directly or indirectly in the bail bond business; to provide a penalty.
Referred to Committee on Governmental Operations.
SB 566. By Senator Reddish of the 6th:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the mini mum compensation of the sheriff, deputy sheriffs, jailers, and secretaries; to change the number of deputy sheriffs, secretaries, and jailers; to provide for costof-living increases.
Referred to Committee on Urban and County Affairs.
SB 567. By Senator Ray of the 19th:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to succeed themselves after having served two successive terms in office; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 568. By Senator Ray of the 19th:
A bill to be entitled an Act to continue in force and effect as part of the Consti tution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions; to provide for a referendum; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 569. By Senators Harrison of the 37th and Brannon of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act" so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or con venient to bill customers of subdivisions for street lights constructed and in stalled in subdivisions and to pay for the costs of electrical service for such street lights. Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 18, 1986

859

SB 570. By Senators Dawkins of the 45th, Barker of the 18th, Barnes of the 33rd and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful the advertisement by an attorney that legal services are available on a contingent fee basis unless the advertisement identifies any payments which are required to be made to any person by clients retaining the attorney on a contin gent fee basis; to provide for related matters. Referred to Committee on Judiciary and Constitutional Law.
SB 571. By Senator Foster of the 50th: A bill to provide for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over; to provide for matters relative thereto; to provide for a referendum.
Referred to Committee on Urban and County Affairs.
SB 572. By Senator Foster of the 50th:
A bill to provide that the homestead of each resident of Dawson County which is otherwise eligible for the exemption from ad valorem taxes for educational pur poses provided for in Code Section 48-5-52 of the Official Code of Georgia Anno tated shall be eligible for such exemption if the net income of the owner from all sources does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. Referred to Committee on Urban and County Affairs (General).
SR 411. By Senator Kidd of the 25th:
A resolution creating the Age of Criminal Responsibility Study Committee of the Senate. Referred to Committee on Governmental Operations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 181. By Representatives Holmes of the 28th, Brooks of the 34th, Lane of the 27th, McKinney of the 35th, Bolster of the 30th and others:
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 composi tion of certain state representative districts. Referred to Committee on Governmental Operations.
HB 212. By Representative Bray of the 91st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide that certain group health con tracts and plans must provide continuing coverage after cancellation for medical conditions existing at the time of cancellation and complications arising therefrom. Referred to Committee on Insurance.
HB 344. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change

860

JOURNAL OF THE SENATE

the provisions relating to the qualifications a person must have to hold the office of sheriff.
Referred to Committee on Governmental Operations.
HB 555. By Representatives Bostick of the 138th and Sherrod of the 143rd:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles in general, so as to require that certain trucks and certain truck tractors have the name of the owner on each side thereof; to make special provisions for trucks and truck trac tors operated by licensed motor carriers. Referred to Committee on Transportation.
HB 1325. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts in parks, historic sites, and recreational areas, gener ally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the com missioner of natural resources.
Referred to Committee on Natural Resources.
HB 1327. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer to discharge, discipline, or otherwise retaliate against an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process. Referred to Committee on Industry and Labor.
HB 1366. By Representatives Walker of the 115th, Murphy of the 18th and Lee of the 72nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to the salary and allowances of members and officers of the General As sembly, so as to authorize additional compensation for the assistant administra tion floor leaders of the House of Representatives.
Referred to Committee on Governmental Operations.
HB 1444. By Representatives Lane of the lllth, Godbee of the 110th, Murphy of the 18th, Parrish of the 109th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to authorize and direct the commissioner of revenue to design a special dis tinctive license plate for Georgia Southern College.
Referred to Committee on Governmental Operations.
HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others:
A bill to amend Code Section 19-13-1 of the Official Code of Georgia Annotated, relating to the definition of family violence, so as to change such definition. Referred to Committee on Judiciary and Constitutional Law.

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HB 1544. By Representatives Burruss of the 20th, Wilson of the 20th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide for an exemption from jury duty for certain women; to provide for practices, proce dures, limitations, and conditions in connection with such exemptions; to provide for stylistic and grammatical corrections.
Referred to Committee on Judiciary.
HB 1581. By Representatives McDonald of the 12th and Coleman of the 118th: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement of ficers, firemen, and prison guards, so as to change the definition of the term "firemen".
Referred to Committee on Public Safety.
HB 1591. By Representatives Murphy of the 18th and Richardson of the 52nd: A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and administrative and judicial review of agency decisions, so as to provide that any party to an appeal hearing excluding the planning agency may seek judicial review of a decision of the Health Planning Review Board.
Referred to Committee on Governmental Operations.
HB 1662. By Representatives Ross of the 82nd, Murphy of the 18th, Lee of the 72nd, Pinkston of the 100th, Lord of the 107th and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to pupil transportation provisions of the "Quality Basic Education Act," so as to change the provisions relative to the minimum salary for school bus drivers.
Referred to Committee on Education.
HR 502. By Representatives Brooks of the 34th, Williams of the 54th, Bishop of the 94th, Thomas of the 31st, Holmes of the 28th and others: A resolution calling for the release of South African political prisoners and detainees.
Referred to Committee on Rules.
HR 690. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others: A resolution providing for the designation of the "Henry L. Reaves Arena".
Referred to Committee on Agriculture.
HR 691. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others:
A resolution providing for the designation of the "Sam P. McGill Exhibition Building". Referred to Committee on Agriculture.
HB 1765. By Representatives Bargeron of the 108th and Ross of the 82nd:
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 power of the General

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Assembly to authorize local taxing jurisdictions in Jefferson County to grant dis counts for early payment of ad valorem taxes. Referred to Committee on Urban and County Affairs.
HB 1766. By Representative Adams of the 79th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system. Referred to Committee on Urban and County Affairs.
HB 1768. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish fire protection districts and to levy taxes for such pur poses upon approval by the voters. Referred to Committee on Urban and County Affairs.
HB 1769. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to incur additional bonded indebtedness for educational purposes in an amount exceeding the general debt limitations of the Constitution (Res. Act No. 39). Referred to Committee on Urban and County Affairs.
HB 1770. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Cobb County to construct and maintain solid waste facilities and to issue revenue bonds for such purpose (Res. Act No. 143). Referred to Committee on Urban and County Affairs.
HB 1771. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to cre ate the Downtown Marietta Development Authority (Res. Act No. 213). Referred to Committee on Urban and County Affairs.
HB 1772. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Marietta to com bine its water and sewerage system and its electric system and to issue revenue bonds without the necessity of a referendum (Res. Act No. 72). Referred to Committee on Urban and County Affairs.

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HB 1773. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to cre ate a Cobb County civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County. Referred to Committee on Urban and County Affairs.
HB 1774. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical exam iner (Res. Act No. 216). Referred to Committee on Urban and County Affairs.
HB 1775. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to establish and operate a sewerage system and to issue general obligation bonds for such purpose (Res. Act No. 32). Referred to Committee on Urban and County affairs.
HB 1776. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for an elected board of educa tion of Cobb County and for the appointment of the Cobb County school super intendent by the board. Referred to Committee on Urban and County Affairs.
HB 1777. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Powder Springs Downtown Development Authority (Res. Act No. 161). Referred to Committee on Urban and County Affairs.
HB 1778. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to grant the governing authority of Cobb County the power to adopt ordinances for the governing of the county and to provide penalties for violations of such ordi nances (Res. Act No. 19). Referred to Committee on Urban and County Affairs.
HB 1779. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to pro-

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vide by local law for the disposition of the assets and obligations of any munici pality lying wholly within Cobb County whose charter is repealed (Res. Act No. 215). Referred to Committee on Urban and County Affairs.
HB 1781. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to reapportion the education districts of the Cobb County board of education without the necessity of a referendum (Res. Act No. 163).
Referred to Committee on Urban and County Affairs.
HB 1782. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment allocating one-half of the revenue from taxes levied on the wholesale and retail sale of alcoholic beverages and liquors sold within Cobb County and any municipality therein to the boards of educa tion of the county or independent school district. Referred to Committee on Urban and County Affairs.
HB 1786. By Representatives Wilson of the 20th, Thompson of the 20th, Cooper of the 20th, Lawler of the 20th, Burruss of the 20th and others: A bill to provide a $4,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city.
Referred to Committee on Urban and County affairs.
HB 1787. By Representatives Moultrie of the 93rd, Buck of the 95th, Galer of the 97th, Bishop of the 94th, Smyre of the 92nd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor.
Referred to Committee on Urban and County Affairs.
HB 1789. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st: A bill to amend an Act providing for a civil service system in Carroll County for employees of Carroll County, so as to change the composition of the civil service board of Carroll County.
Referred to Committee on Urban and County Affairs.
HB 1791. By Representative Hooks of the 116th: A bill to amend an Act creating the new charter for the City of Americus, so as to change the date of the municipal election.
Referred to Committee on Urban and County Affairs.
HB 1792. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Mueller of the 126th and Johnson of the 123rd: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah; to provide for certain taxes and charges.
Referred to Committee on Urban and County Affairs.

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HB 1795. By Representative Parrish of the 109th:
A bill to create and incorporate the City of Summertown in the County of Emanuel and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof.
Referred to Committee on Urban and County Affairs.

HB 1796. By Representative Copelan of the 106th:
A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to provide for the compensation and per diem of such members.
Referred to Committee on Urban and County Affairs.

HB 1810. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to change the compensation and expense allowances of the members of the board of education.
Referred to Committee on Urban and County affairs.

HB 1815. By Representatives Coleman of the 118th and Branch of the 137th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that the county officers of Telfair County shall be ineligible to hold office under certain conditions (Res. Act No. 76).
Referred to Committee on Urban and County Affairs.

HB 1816. By Representatives Lucas of the 102nd, Groover of the 99th, Randall of the 101st, Home of the 103rd and Pinkston of the 100th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to permit board members to participate in and to be covered by any contract for group medical or hospitalization insurance plans otherwise pro vided by the authority for its director, its officers, and its employees.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 273. Do pass. HB 1273. Do pass.

HB 1349. Do pass. HB 1464. Do pass.

Respectfully submitted,

Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 345. Do pass by substitute. Respectfully submitted, Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bills and res olution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1369. Do pass.

HB 1638. Do pass.

HB 1370. Do pass.

HR 461. Do pass.

Respectfully submitted,

Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 1480. Do pass.

HB 1500. Do pass.

HB 1488. Do pass as amended.

HB 1573. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:

HB 1282. Do pass.

HB 1490. Do pass.

HB 1439. Do pass.

HB 1545. Do pass by substitute.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 335. Do pass by substitute.

HB 1342. Do pass.

HB 1154. Do pass.

HB 1477. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 355. Do pass as amended. Respectfully submitted, Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 551. Do pass.

HB 1361. Do pass.

SB 552. Do pass.

SB 459. Do pass.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 396. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 496. Do pass.

HR 572. Do pass.

HR 482. Do pass.

HR 633. Do pass.

HR 507. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 498. Do pass.

SB 507. Do pass.

SB 499. Do pass.

SB 508. Do pass.

SB 500. Do pass.

SB 509. Do pass.

SB 501. Do pass.

SB 510. Do pass.

SB 502. Do pass.

SB 511. Do pass.

SB 503. Do pass.

SB 512. Do pass.

SB 504. Do pass.

SB 513. Do pass.

SB 505. Do pass.

SB 514. Do pass.

SB 506. Do pass.

SB 515. Do pass.

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SB 516. Do pass. SB 518. Do pass. SB 519. Do pass. SB 520. Do pass. SB 521. Do pass. SB 522. Do pass. SB 523. Do pass. SB 524. Do pass. SB 525. Do pass. SB 526. Do pass. SB 527. Do pass.

SB 528. Do pass. SB 529. Do pass. SB 530. Do pass. SB 531. Do pass. HB 806. Do pass. HB 1717. Do pass. HB 1733. Do pass. HB 1735. Do pass. HB 1744. Do pass. HB 1752. Do pass. Respectfully submitted, Senator Turner of thei 8th IDistrict, Chairman

Mr. President:

The Committee on Urban and. County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 380. Do pass by substitute. HB 1193. Do pass.
Respectfully submitted,
Senator Turner of the 8th District, Chairman

The following bill of the House was read the second time:

HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommoda tions are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Brown of 47th Bryant Burton Cobb Coleman Dawkins

Deal Dean English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins

Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

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Starr Stumbaugh Tate

Timmons Tolleson Trulock

Tysinger Walker

Those not answering were Senators:

Bond Broun of 46th

Coverdell Poster

Howard Turner

Senator Dawkins of the 45th introduced the chaplain of the day, Ms. Angela Rupard, of Covington, Georgia, who offered "The Lord's Prayer" in song.

The following resolutions of the Senate were read and adopted:

SR 412. By Senator Horton of the 17th: A resolution commending Honorable Alex Crumbley.

SR 413. By Senator Broun of the 46th: A resolution commending Honorable Lauren M. Coile.

SR 417. By Senator Hine of the 52nd: A resolution commending Lewis B. Evans.

SR 418. By Senator Hine of the 52nd: A resolution commending William C. Collins.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday, February 18, 1986 TWENTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 498 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of Board of Commis sioners of county to operate landfills; provides authority for this Act.

SB 499 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th

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Scott, 36th Fulton County
Continues amendment which relates to authorization of enactment of laws to create a civil service system and commission for certain county employees and employees and deputies of county officers.
SB 500 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of government author ity of said county to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such services; provides authority for this Act.
SB 501 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Stumbaugh, 55th Howard, 42nd City of Atlanta Fulton County
Continues amendment which relates to authorization of General Assembly by legislation to treat real property in urban enterprise zones in city as a sepa rate class of property for Atlanta and Fulton County tax purposes.
SB 502 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Stumbaugh, 55th Howard, 42nd City of Atlanta Fulton County
Continues amendment which relates to authorization of General Assembly to provide by local law for the freeport exemption of inventory goods to be ap plied for purposes of county, county school district, and municipal taxes to urban enterprise zones established by city; provides authority.
SB 503 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th

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Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of board of commis sioners of county to maintain and operate detention facilities inside or outside the boundaries of county for the confinement of all persons, including juveniles.
SB 504 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of board of commis sioners to divide the county into districts for purpose of providing any or all services which the county is authorized to provide and to levy taxes or assess ments to defray the cost of such services.
SB 505 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to provision that the judge of probate court, sheriff, clerk of superior court, tax receiver, tax collector or tax com missioner, and county treasurer of county shall be required to appoint a chief clerk, chief assistant, or chief deputy.
SB 506 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to giving to General Assembly powers relative to ad valorem taxation by county and the political subdivisions lo cated wholly or in part in county, including power to prescribe date of tax assessments and levies.
SB 507 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th

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Scott, 36th Fulton County
Continues amendment which relates to granting of $10,000 homestead ex emption from county and county school district ad valorem taxes to each resident of county who is disabled or 60 years or older.
SB 508 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of board of commis sioners of county to make grants not exceeding $5,000.00 to municipalities located in county for the conduct of recreational programs; provides author ity.
SB 509 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to establishing Fulton County Industrial District and prohibits board of commissioners from levying any tax for edu cation purposes within the district.
SB 510 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization for General Assembly to provide method of selection of tax commissioner of county and to provide for appointment of a chief deputy; provides authority.
SB 511 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of said county in the incorporated and unincorpo rated areas; provides authority.

TUESDAY, FEBRUARY 18, 1986

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SB 512 Bond, 39th Engrain, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of county to issue gen eral obligation bonds for certain public improvements without the vote of the people; provides authority.
SB 513 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of said county with consent of city involved; to operate recreational programs in any city within the county having a population of 5,000 or less; provides authority for this Act.
SB 514 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to provision that for purposes of deter mining eligibility for homestead exemption from local county, city, and school ad valorem taxes in county a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation.
SB 515 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to provision that county governing au thority of county may spend county funds to support any institution within county which is owned by state or any agency of state; provides authority.
SB 516 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th

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Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of inclusion in a civil service/merit system of said county persons other than elected officers, who are paid out of county funds, and prior extensions of coverage by system; provides authority.
SB 518 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of a levy of tax or as sessment on real property in unincorporated areas of county for garbage dis posal services and to divide such area into garbage disposal districts without regard to uniformity; provides authority.
SB 519 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Stumbaugh, 55th Howard, 42nd City of Atlanta Fulton County
Continues amendment which relates to authorization for General Assembly by local Act to provide a joint city-county board of tax assessors and a board of tax appeals and equalization in certain counties; provides authority.
SB 520 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of county to adopt ordi nances for the unincorporated areas of county; provides authority.
SB 521 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th

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Scott, 36th Fulton County
Continues amendment which relates to empowering board of commissioners of county to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facili ties, and assets of county; provides authority.
SB 522 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to abolition of office of coroner in county and to create office of medical examiner and prescribe powers, duties and functions of such office; provides authority.
SB 523 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to granting of full authority regarding street improvements in the unincorporated area of county; provides author ity.
SB 524 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of county to conduct recreational programs in cities of not more than 5,000 persons provided city contributes one-half of the cost of such programs and provided that the cost to county does not exceed $5,000.00 per year; provides authority.
SB 525 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of requiring or permit ting tax receiver, tax collector, or tax commissioner of county to receive the

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returns and collect taxes due to City of Atlanta and to permit the retention of a percentage of such collections; provides authority.
SB 526 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of certain employees whose wages are paid wholly or partially out of funds of county to participate in pension system established for county employees; provides authority.
SB 527 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of board of commis sioners to increase retirement benefits of retirees of any systems wholly or partially supported by funds of county, such increases may be paid only from general county funds and not from funds of Fulton County Teachers Retire ment Fund; provides authority.
SB 528 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of board of commis sioners of county to establish no more than two branch offices for conduct of county business and authorizes board of education to establish branch offices for conduct of official business on education matters; provides authority.
SB 529 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of county to levy and collect business license tax in the unincorporated area; provides authority.
SB 530 Bond, 39th Engram, 34th

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877

Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Stumbaugh, 55th City of Atlanta Fulton County
Continues amendment which relates to authorization of county to cooperate with City of Atlanta to construct a stadium and to contract with city for purpose of retiring financial obligations; provides authority.
SB 531 Bond, 39th Engram, 34th Tate, 38th Brantley, 56th Langford, 35th Coverdell, 40th Scott, 36th Fulton County
Continues amendment which relates to authorization of county to indemnify the tax commissioner for uncollectible checks for automobile license tags; provides authority.
HB 806 Foster, 50th Habersham County
Continues amendment exempting from county school taxes the value of a homestead owned by an individual who is totally disabled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits.
HB 1717 Kennedy, 4th City of Collins Tattnall County
Amends Act to re-create and re-incorporate city; removes limitations on serv ing successive terms of office and provides that mayor shall serve for a term of two years and until his successor is elected and qualified.
HB 1733 Foster, 50th City of Helen White County
Amends Act re-incorporating and providing new charter for city; changes name of governing authority of city from the "city council" to the "city com mission".
HB 1735 Dean, 31st City of Hiram Paulding County
Amends Act creating new charter for city; provides for election of councilmen from numbered posts.
HB 1744 Dean, 31st Hine, 52nd Brannon, 51st

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Cherokee Judicial Circuit Bartow and Gordon Counties
Provides for assistant district attorney for Cherokee Judicial Circuit; pro vides for employment, powers, duties, term of office, compensation, and ex penses of such assistant district attorney.

HB 1752 Harris, 27th Monroe County
Continues amendment which relates to creation of Monroe County Industrial Development Authority and provisions for its powers, authority, funds, pur poses, and procedures.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Coverdell

Foster Howard Land

Reddish Scott of 2nd

On the passage of all the local bills, the yeas were 48, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

SENATE RULES CALENDAR
Tuesday, February 18, 1986
TWENTY-EIGHTH LEGISLATIVE DAY
SB 536 Amusement Ride Safety Act--clarify definition of "amusement ride" (Judy--22nd)
SB 443 Education--certain contributions made to Personnel Board by local units (SUB STITUTE) (Ed--33rd)

TUESDAY, FEBRUARY 18, 1986

879

SR 367 Board of Regents--urge 5-year curriculum for college athletes (H Ed--25th)
HB 318 Sheriffs Retirement--benefits for service less than 1 year certain instances (Ret--llth)
SB 492 Waterbeds--landlord may not prohibit tenant from using (AMENDMENT) (I&L--15th)
SB 480 Certain Full-time Peace Officers--minimum monthly salaries (Gov Op--46th)
SB 400 Emergency Medical Services Systems--definitions (SUBSTITUTE) (Hum R--30th)
SR 361 Culver Kidd Medical and Surgical Building--designate (Hum R--6th)
SB 532 Hospital Equipment Financing Authority Act--administration (AMENDMENT) (Hum R--25th)
HB 1175 Board of Physical Therapy--continue but later terminate (AMENDMENT) (Hum R--42nd)
SB 417 Private Property--law enforcement agencies enforcing rules of the road (SUB STITUTE) (Pub Saf--1st)
HB 1532 Alcoholic Beverages--when may be consumed by underage in home (C Aff-- 39th)
HB 397 Superior Court Judges Retirement--calculating benefits upon death of member (Ret--33rd)
HR 580 Railroad Between Pearson and Sylvester--protesting proposed abandonment (Pub U--13th)
HB 1144 Hazardous Waste Disposal, Treatment--change certain definitions (Nat R--20th)
SB 406 Administrative Procedure Act--procedures on overriding agency rules (Rules--25th)
HB 1386 Alcoholic Beverage Sale--license for room service in hotel (C Aff--1st)
HB 1346 Georgia Animal Protection Act--provide (AMENDMENTS) (Ag--8th)
HB 460 State Patrol Disciplinary Board--composition (Pub Saf--28th)
HB 365 Peace Officers' Annuity, Benefit Fund--change provisions on benefits (Ret--llth)
HB 1149 Marital Deduction Trust--qualification under additional Internal Revenue Ser vice Section (AMENDMENT) (Judy--42nd)
HR 512 Norfolk Southern Corporation--State may amend lease agreement (Pub U--47th)
HB 969 Draft Evader--ineligible for college funds (SUBSTITUTE) (H Ed--7th)
SB 468 Death Penalty--special procedures for trial in certain cases those under 18 years of age (C&Y--35th)
SB 456 Hospitals, Nursing Homes Liens for Charges for Treatment of In jured--provisions (AMENDMENT) (J&CL--33rd)
HB 1162 License to Carry Gun--fees to cover cost of records searches by Federal Bureau of Investigation (AMENDMENT) (Judy--52nd)
HB 1341 Impersonation of Conservation Officer--repeal provisions (Pub Saf--28th)
HB 1208 Certain School Property--lease (Ed--14th)
HB 1441 Teacher Sick Leave--change cross references to other laws (Ed--34th)
HB 1572 Abolished Municipality--county succeed to powers (SUBSTITUTE) (U&CAG--8th)
HB 1235 Municipal Elections--selecting polling places (Gov Op--25th)

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HB 1365 Controlled Substances Act--annual report on proceeds of forfeited property (Pub Saf--28th)
HB 1353 Bad Checks--change fee retail seller may charge (B&F--15th)
HB 1158 Controlled Substances--change definitions and listing (Hum R--25th)
SB 56 Hospital Authority--lease, sale approved at referendum (SUBSTITUTE) (Hum R--28th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 536. By Senator Allgood of the 22nd:
A bill to amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," so as to clarify the definition of the term "amusement ride"; to provide for a statement of intent; to provide an effective date.
Senator Allgood of the 22nd offered the following substitute to SB 536:
A BILL
To be entitled an Act to amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," so as to clarify the definition of the term "amusement ride"; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Carnival Ride Safety Act"; to provide a short title; to provide for definitions; to provide for regulation and licensing of the ownership and operation of carnival rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Carnival Ride Safety to consult with the Department of Labor; to provide for the promulgation and adop tion of rules, regulations, and standards; to require safety inspections; to require certain records to be kept; to require liability insurance or other surety for liability arising from the operation of carnival rides; to provide for waivers and exceptions; to provide for civil penal ties; to authorize owners and operators of carnival rides to deny entry to persons for safety reasons; to disclaim creation of any liability of the state or its officers or agencies; to provide practices, procedures, and other requirements; to provide for fees; to provide for other mat ters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," is amended by striking para graph (2) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site."
Section 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end thereof a new Chapter 13 to read as follows:

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881

"CHAPTER 13
34-13-1. This chapter shall be known and may be cited as the 'Carnival Ride Safety Act.'
34-13-2. As used in this chapter, the term:
(1) 'Advisory board' means the Advisory Board on Carnival Ride Safety created by this chapter.
(2) 'Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 of this title, known as the 'Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excite ment. Such term shall not include any such device which is permanently fixed to a site.
(3) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or the owner's representative.
(4) 'Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto.
(5) 'Commissioner' means Commissioner of Labor.
(6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations.
(7) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of carnival rides.
(8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride.
(9) 'Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee.
(10) 'Permit' means a permit to operate a carnival ride issued to an owner by the department.
(11) 'Permit fee' means the fee charged by the department for a permit to operate a carnival ride.
(12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department.
34-13-3. (a) There is created the Advisory Board on Carnival Ride Safety, which shall consist of five members who shall be appointed by the Governor. One member shall be the Commissioner or his designee; two members shall be representatives of the owners of carni val rides; one member shall be a member of the Senate or of the House of Representatives; and one member shall be a licensed mechanical engineer.
(b) The terms of the members shall be two years, except that, of the first members appointed by the Governor, one shall be appointed for two years, two for three years, and two for four years. The Governor, in making such appointments, shall designate the term for which each is to serve and shall designate the chairman and vice-chairman of the advisory board. The terms of all members shall begin on July 1.
(c) If the status of an advisory board member as a member of the group from which he was appointed should cease prior to the end of his term of office, then his position on the advisory board shall be declared vacant by the Governor. The Governor shall appoint a new

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member of the advisory board from the appropriate group to complete the term of office remaining upon any vacancy however occasioned.
(d) The members of the advisory board shall serve without compensation but shall be reimbursed for their actual travel and lodging expenses incurred in attending meetings of the advisory board and in performing their duties as members thereof.
34-13-4. The advisory board is empowered to study any aspect of the 'Carnival Ride Safety Act' and the standards and regulations adopted thereunder and to make recommen dations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects.
34-13-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assem bly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engi neering standards, formulas, and practices pertinent to the industry. Formulation and pro mulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987.
(b) The department shall:
(1) Enforce all standards and regulations;
(2) License inspectors for authorization to inspect carnival rides;
(3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter; and
(4) Establish a fee schedule for the issuance of permits for carnival rides, provided that the maximum fee for inspection of any single carnival ride shall not exceed $15.00 per ride per year.
34-13-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter.
34-13-7. (a) No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the depart ment. The owner of a carnival ride shall apply for a permit to the department on a form furnished by the department, providing such information as the department may require.
(b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. The cost of obtaining the cer tificate of inspection from a licensed inspector shall be borne by the owner or operator.
34-13-8. (a) All carnival rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner or operator's expense, provided that the fee for all such inspections of any carnival ride shall not exceed $15.00 per ride per year. If the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant hereto, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation.
(b) Carnival rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter.
34-13-9. The department may waive the requirement of subsection (a) of Code Section 34-13-8 if the owner of a carnival ride gives satisfactory proof to the department that the carnival ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the

TUESDAY, FEBRUARY 18, 1986

883

inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter.
34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof, which permit shall be valid for a period of 12 months following the date of inspec tion by a licensed inspector, upon completion by the owner of the application for a permit, presentation of a certificate of inspection or waiver thereof by the department, and payment of the permit fee.
34-13-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or opera tional breakdowns and the types of actions taken to rectify these conditions.
34-13-12. No person shall be permitted to operate a carnival ride unless he is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in opera tion and shall operate no more than one carnival ride at any given time.
34-13-13. The owner of the carnival ride shall report to the department any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any carnival ride. The report shall be in writing, shall de scribe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in ac cordance with regulations adopted by the advisory board.
34-13-14. (a) No person shall operate a carnival ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride;
(2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
(3) Cash or other security acceptable to the department.
(b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department and licensed to transact busi ness in this state.
34-13-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by an order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The depart ment may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the rea sons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public.
34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider propelled merry-go-rounds.
34-13-17. This chapter shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of carnival rides in operation on or before the effective date of this chapter shall comply with the provisions of this chapter

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and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations.
34-13-18. Any owner of a carnival ride which is operated, except for purposes of testing or inspection, without having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of a carnival ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation.
34-13-19. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his duties under this chapter.
34-13-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with re spect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean

English Engram Fincher Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coverdell

Foster Howard

Land

On the passage of the bill, the yeas were 51, nays 0.

TUESDAY, FEBRUARY 18, 1986

885

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 443. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that cer tain contributions shall be made to the State Personnel Board by local units of administration rather than from appropriations to the State Board of Education; to provide for other matters relative thereto; to provide an effective date.
The Senate Committee on Education offered the following substitute to SB 443:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as change certain def initions; to provide that certain contributions to health insurance funds shall be made to the State Personnel Board by local employers rather than from appropriations to the State Board of Education; to eliminate the authority for local employers to determine whether their teachers or employees shall be covered under certain health insurance plans; to pro vide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking paragraphs (3) and (4) of Code Section 20-2-880, relating to definitions and health insurance plans in education, and inserting in lieu thereof new paragraphs (3) and (4) to read as follows:
"(3) 'Local employer' means the county or independent board of education, regional and county libraries, and the governing authority of Georgia Military College.
(4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school sys tems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emer gency or temporary employee."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 20-2-892, relating to contributions to the health insurance fund for public school teachers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Gover nor and the board up to 5 percent of the total outlay for the salaries of teachers employed by the local employer and, in addition thereto, an amount to be established by the board to defray the cost of administration."
Section 3. Said chapter is further amended by striking Code Section 20-2-893, relating to funds for the employer contributions to the health insurance fund, and inserting in lieu thereof a new Code Section 20-2-893 to read as follows:
"20-2-893. At an appropriate time during each year, the commissioner shall certify to the State School Superintendent the amount of funds that will need to be paid to the board by the Department of Education for the costs of employer contributions and the administra tion of providing such insurance for retired teachers as provided for by Code Section 20-2-

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885; and in his annual budget for the Department of Education, the State School Superin tendent shall make provision for funds sufficient to pay the board such payment."
Section 4. Said chapter is further amended by striking Code Section 20-2-895, relating to contracts with local employers for certain health insurance coverage, and inserting in lieu thereof a new Code Section 20-2-895 to read as follows:
"20-2-895. The board is authorized to contract with local employers for the inclusion of the teachers or employees of local employers within any health insurance plan or plans es tablished under this subpart. Local employers are authorized to contract with the board as provided in this subsection. In the event that any contract is entered into, it shall be the duty of any local employers so contracting to deduct from the salary or other compensation of their teachers or employees such payment as may be required under any health insurance plan and to remit the funds to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such local employers to make the employer contributions required for the operation of such plan or plans. For the purposes of this subsection, the term 'teachers' shall mean certificated personnel and the term 'employees' shall mean all other personnel."
Section 5. This Act shall become effective July 1, 1986.
Section 6. 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 substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
?BB,rroowunn'yooff 4467tthh Bryant Burton Dawkins Deal Dean English Engram

Fincher Garner Gillis Greene Harris
Harrison Hine
,,%Ho*l?l,o>w?ayJ Hudgms Huggins Kennedy Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish
Scott of 2nd Scott of 36th
S,,S.ttuamrrb, augh, Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Coleman

Coverdell Foster

Howard Land

On the passage of the bill, the yeas were 49, nays 0.

TUESDAY, FEBRUARY 18, 1986

887

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Gillis of the 20th introduced Honorable Roy Rowland, U.S. Representative from the 8th Congressional District, who briefly addressed the Senate.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 367. By Senator Kidd of the 25th:
A resolution urging the Board of Regents of the University System of Georgia to establish within the guidelines of the National Collegiate Athletic Association a five-year curriculum for students participating in college athletics.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond BrB>orowuenn off 41/6..tHh. nBrown off 4.i7irtiih Bryant Burton Coleman
Coverdell
Dawkins Dean
English Engram

Fincher Garner Gillis Greene Harris Harrison uHHoinl1l1eoway THIoriton Howard Hudgins Huggins
Kennedy
Kidd Land
Langford McGill

McKenzie Peevy Perry Phillips Ray Reddish oao_c_<o,.t.tt ofre 2aocndj., ,,OCOtt Ot 36th 5,tarr *?te limmons
Tolleson
Trulock Turner
Tysinger Walker

Voting in the negative were Senators Deal and Foster.

Those not voting were Senators:

Brannon Brantley

Cobb

Stumbaugh

On the adoption of the resolution, the yeas were 50, nays 2.
The resolution, having received the requisite majority, was adopted.
The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 318. By Representatives Coleman of the 118th, Milford of the 13th, Buck of the 95th and Hanner of the 131st:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for pay ment to the fund of the sum of $1.00 in certain civil cases filed in the state courts and magistrate courts; to provide for retirement benefits to be paid for service of

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less than one year in certain instances; to provide for an increase in retirement benefits.
Senate Sponsor: Senator Timmons of the llth.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--House Bill 318S (LC 7 6094S) Sheriffs' Retirement Fund

This Bill would require that a fifty-cent fee for each civil action, case, or proceeding be collected in state courts and magistrate courts for remittance to the Sheriffs' Retirement Fund. This requirement would apply to those state and magistrate courts in which the sher iff of the superior court also serves as sheriff of those courts.

This Bill would also increase the retirement benefits from $32.50 per month per year of service to $37.50 per month per year of service. For members who have additional service credit not totalling one full year, this Bill would permit them to receive, for each month of additional service, one-twelfth of the monthly amount paid per year of service. The maxi mum monthly benefit that members could receive would be $937.50.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$ 2,073,532

(2) Increase in annual normal cost

$ 37,217

(3) Current employer contribution rate in effect

$ 818,000

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of

this Bill

$ 816,910

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$ 816,910

According to the actuary for the Sheriffs' Retirement Fund, the additional annual cost to the employer would be $283,040 in the first year as a result of this Bill. The actuary also indicated the funding position of the Sheriffs Fund is adequate to pay for the proposed benefit increase and remain on an actuarially sound basis.

TUESDAY, FEBRUARY 18, 1986

889

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Engram Fincher Foster Garner Gillis Greene "?rris

Brount Of4A6*t*h

Holloway

Burton Coleman
Coverdell Dawkins Deal Dean English

Howard Hudgins
Muggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Phillips j^ay Reddish
Scott of ^ 2nd
btarr Stumbaugh
Tate Timmons Tolleson Turner Walker

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Brannon Brown of 47th

Cobb Harrison

Trulock

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 492. By Senator Hudgins of the 15th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that a landlord may not prohibit a tenant from using a waterbed; to provide for requiring a tenant using a waterbed in a rental dwelling to obtain insurance; to provide for all matters rela tive to the foregoing.

The Senate Committee on Industry and Labor offered the following amendment:
Amend SB 492 by striking in its entirety the last sentence of Section 1, beginning on line 20 and continuing onto line 22 of Page 1, which reads as follows:
"Such insurance shall contain a loss payable clause to the owner of the building.",
and inserting in lieu thereof the following:
"Such insurance shall be noncancelable without 30 days' prior written notice and shall contain a loss payable clause to the owner of the building and the mortgagees, as their interest may appear."

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On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen B ran "on Brantley Brown of 47th BDuawrtokinns
Dean
English Engram
Fincher

Foster Garner Gillis Harris Mine Holloway Horton HHouwdgairnds
Huggins
Kennedy Kidd
Langford

McKenzie Phillips Ray Reddish Scott of 2nd Scott rf 36th ,, Timarmr ons
Tolleson
Turner Tysinger
Walker

Those voting in the negative were Senators:

Barnes Bond Coverdell Deal

Greene Harrison Land Peevy

Perry Stumbaugh Tate

Those not voting were Senators:

Baldwin Broun of 46th Bryant

Cobb Coleman

McGill Trulock

On the passage of the bill, the yeas were 38, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 400. By Senators Garner of the 30th, Harrison of the 37th, Tolleson of the 32nd and Howard of the 42nd:

A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services; so as to provide for findings and a decla ration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The Senate Committee on Human Resources offered the following substitute to SB 400:

A BILL
To be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for findings and a decla ration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter; to provide for regional emergency medical services councils; to change certain system designations; to limit the regulation of ambulance service vehicles; to provide for designation of trauma centers; to provide for separate licensing of different types of ambulance services; to provide for approval by a regional EMS council prior to licensing of a new ambulance service; to provide for exceptions; to provide that all counties with ambulance service shall have a medical adviser; to expand the services that emergency med ical technicians may render; to provide for additional services that paramedics, cardiac tech nicians, and emergency medical technicians may render; to provide the circumstances under

TUESDAY, FEBRUARY 18, 1986

891

which such additional services maybe rendered; to change certain recertification require ments; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-1, relating to find ings of the General Assembly and declaration of policy, in its entirety and inserting in lieu thereof a new Code Section 31-11-1 to read as follows:
"31-11-1. (a) The General Assembly finds and determines:
(1) That the furnishing of emergency medical services is a matter of substantial impor tance to the people of this state;
(2) That the cost and quality of emergency medical services are matters within the public interest;
(3) That it is highly desirable for the state to participate in the support and develop ment of emergency medical services systems;
(4) That the administration of an emergency medical services system should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;
(5) That an emergency medical services system in a health district should be operated as economically and efficiently as possible to serve the public welfare and, to achieve this goal, should involve the designation of geographical territories to be serviced by participat ing ambulance providers and should involve an economic and efficient procedure to dis tribute emergency calls among participating ambulance providers serving the same health district;
(6) That any first responder falls under the department's rules and regulations gov erning ambulances and can transport only in life-threatening situations or by orders of a licensed physician or when a licensed ambulance cannot respond; and
(7) That emergency medical services are the extension of physician-patient medical management into the pre-hospital setting through emergency medical services systems per sonnel. The medical activities of emergency medical technicians are extensions of the medi cal licenses of supervising physicians. There shall be established a medical control program to include accountability and performance evaluations within the emergency medical ser vices in this state.
(b) The General Assembly therefore declares that, in the exercise of the sovereign pow ers of the state to safeguard and protect the public health and general well-being of its citizens, it is the public policy of this state to encourage, foster, and promote emergency medical services systems and that such systems shall be implemented in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities."
Section 2. Said chapter is amended by striking Code Section 31-11-2, relating to defini tions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term:
(1) 'Ambulance' means any transport vehicle that is specifically modified and equipped and is intended to be used for the emergency transportation of patients, including ground, water, and air transport vehicles.
(2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
(3) 'Ambulance provider' means an agency or company providing ambulance service

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which is operating under a valid license from the Emergency Health Section of the Division of Physical Health of the Department of Human Resources.
(4) 'Ambulance service' means the provision of emergency care and transportation in this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished. Ambulance service vehicles shall not be subject to regulation by the Public Service Commission.
(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
(6) 'Composite board' means the Composite State Board of Medical Examiners.
(7) 'Emergency Medical Services System (EMSS)' means a system which provides for the arrangement of personnel, facilities, and equipment, including communications, for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective ad ministration of the system.
(8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordi nate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening;
(B) Utilizes a publicized emergency telephone number; and
(C) Has direct communication connections and interconnections with the personnel, fa cilities, and equipment of an emergency medical services system.
(9) 'Emergency medical technician' means a person who has been certified by the de partment after having successfully completed an emergency medical care training program approved by the department.
(10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service.
(11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.
(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(13) 'License' when issued to an ambulance service signifies that its facilities and opera tions comply with this chapter and the rules and regulations issued by the department hereunder.
(14) 'License officer' means the commissioner of human resources or his designee.
(15) 'Paramedic' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in a paramedic training course approved by the Department of Human Resources.
(16) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapaci tated or helpless.
(17) 'Person' means any individual, firm, partnership, association, corporation, com pany, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(18) 'Provisional license' when issued to an ambulance service means a license issued on

TUESDAY, FEBRUARY 18, 1986

893

a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regula tions issued by the department under this chapter.
(19) 'Regional EMS council' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSS in a health district established in accord with Code Section 31-3-15. Council membership shall include at least one member from each county in the health district and may include five atlarge members and the district health officers from that region."
Section 3. Said chapter is further amended by striking Code Section 31-11-3, relating to recommendations by local coordinating entities as to administration of EMSC programs, in its entirety and inserting in lieu thereof a new Code Section 31-11-3 to read as follows:
"31-11-3. (a) The Board of Human Resources shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSS Program for each health district designated by the Department of Human Resources. The regional EMS council thus designated shall be responsible for rec ommending to the board or its designee the manner in which the EMSS Program is to be conducted. In making its recommendations, the regional EMS council shall give priority to making the EMSS Program function as efficiently and economically as possible. Each li censed ambulance provider in the health district shall have the opportunity to participate in the EMSS Program.
(b) The regional EMS council shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the regional EMS Council.
(c) After receipt of the written descriptions of territory in which the ambulance provid ers propose to respond to emergency calls, the regional EMS council shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the regional EMS council shall also recommend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public wel fare. The recommendation of the regional EMS council shall be forwarded immediately to the board or its designee for approval or modification of the territorial zones and method of distributing calls among ambulance providers participating in the EMSS Program in the health district.
(d) The board, or its designee, is empowered to conduct a hearing into the recommen dations made by the regional EMS council, and such hearing shall be conducted according to the procedures set forth in Code Section 31-5-2.
(e) The recommendations of the regional EMS council shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the regional EMS council is not consistent with operation of the EMSS Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSS Program; and appeal from such decision shall be pursuant to Code Section 31-53.
(f) The regional EMS council shall begin administering the EMSS Program in accord with the decision by the board or its designee immediately after the decision by the board or its designee regarding the approval or modification of the recommendations made by the regional EMS council; and the EMSS Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3.
(g) The regional EMS council shall recommend the designation of trauma centers to the Board of Human Resources."

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Section 4. Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, in its entirety and inserting in lieu thereof a new Code Section SI11-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without hav ing a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) There shall be separate and distinct licenses issued for ground, air, and water ambu lance services.
(c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 5. Said chapter is further amended by striking Code Section 31-11-32, relating to the duties of a license officer, and inserting in lieu thereof a new Code Section 31-11-32 to read as follows:
"31-11-32. (a) The license officer shall, within ten days after receipt of an application for a license or provisional license as provided for in this article, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.
(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.
(c) The license officer shall issue provisional licenses for 30 days for the purpose speci fied in paragraph (18) of Code Section 31-11-2.
(d) Before issuing a license for a new ambulance service, the license officer shall seek the approval of the regional EMS council as to the need for the proposed ambulance service; except that where a political subdivision has operated an ambulance service or has con tracted with a private entity for the operation of an ambulance service prior to January 1, 1986, no approval by the regional EMS council shall be required."
Section 6. Said chapter is further amended by striking Code Section 31-11-50, relating to medical advisers, in its entirety and inserting in lieu thereof a new Code Section 31-11-50 to read as follows:
"31-11-50. (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Health of the Department of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his designee to act as medical adviser until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and training for the ambulance service personnel in conformance with acceptable emergency medical practices and procedures.
Section 7. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certify ing and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;

TUESDAY, FEBRUARY 18, 1986

895

(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board.
(b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consis tent with the purposes and provisions of this chapter."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 31-11-53, relating to services which may be rendered by emergency medical technicians and trainees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Depart ment of Transportation basic training courses for emergency medical technicians or an equivalent course approved by the department; and
(2) Upon the order of a duly licensed physician, administer approved intravenous solu tions, inflate medical antishock trousers, and insert and use the esophageal obturator airway."
Section 9. Said chapter is further amended by inserting a new Code Section 31-11-55.1 between Code Section 31-11-55 and Code Section 31-11-56, to read as follows:
"31-11-55.1. Emergency medical services technicians, cardiac technicians, and paramedics shall be allowed to render such additional services when the following conditions are met:
(1) The service is recommended by the Emergency Health Services Advisory Council (EHSAC) and approved by the Board of Human Resources or the Composite State Board of Medical Examiners as appropriate;
(2) The emergency medical technician, cardiac technician, or paramedic has completed a training course relative to such additional service approved by the Department of Human Resources; and
(3) The emergency medical technician, cardiac technician, or paramedic has obtained written authorization from the ambulance service medical adviser to administer such addi tional service."
Section 10. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac techni cians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with estab lished rules and regulations, after notice to the certificate holder of the charges and an op portunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 11. Said chapter is further amended by striking Code Section 31-11-58, relating

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to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the depart ment for the periodic recertification of emergency medical technicians, paramedics, and car diac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued compe tency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsec tions of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, car diac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education require ments of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate author ized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed dur ing a five-year period. This program of continuing education shall be approved by the de partment. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or author ized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evi dence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recer tification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing educa tion requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medi cal technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regard ing the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."

TUESDAY, FEBRUARY 18, 1986

897

Section 12. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its en tirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-1154, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac tech nicians, and paramedics in any area in which they are already authorized to render such services."
Section 13. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and munici palities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emer gency medical technician, paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emer gency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emer gency medical technician, paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 14. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 15. 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 substi tute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood
Baldwin Barker Barnes Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Dean English

Engram Fincher
Foster Garner Gillis Greene Harris Harrison Hine
Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie
Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Start
Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb Coleman

Deal Howard

Phillips

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 361. By Senators Reddish of the 6th, Burton of the 5th, Scott of the 2nd and others:
A resolution providing for the designation of the Culver Kidd Medical and Surgi cal Building.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell

Dawkins Deal Dean English Engram Fincher Foster Garner Gillis
Greene Harris Harrison Hine Holloway Horton

Howard Hudgins Huggins Kennedy Land Langford McGill McKenzie Peevy
Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

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899

Starr Stumbaugh Tate

Timmons Tolleson Trulock

Turner Tysinger Walker

Voting in the negative was Senator Kidd.

Not voting was Senator Cobb.

On the adoption of the resolution, the yeas were 54, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Coverdell of the 40th introduced the doctor of the day, Dr. Brantley Burns, of Atlanta, Georgia.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administra tion of the authority; to change the provisions relating to staff of the authority and the duties of such staff.

The Senate Committee on Human Resources offered the following amendment:

Amend SB 532 by striking from line 31 of Page 3 the following: "nonprofit". By striking from line 7 of Page 4 the following: "nonprofit".

Senator Turner of the 8th moved that SB 532 be committed to the Senate Committee on Human Resources.

Senator Kidd of the 25th moved that SB 532 be postponed until February 20.

On the motion offered by Senator Kidd of the 25th, which takes precedence, the yeas were 36, nays 0; the motion prevailed, and SB 532 was postponed until February 20.

Senator Harris of the 27th introduced Dr. Robert Ackerman, President of Wesleyan College, who briefly addressed the Senate.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:05 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following general bill of the House, having been read the third time on February 7

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and committed to the Senate Committee on Human Resources, and favorably reported by the committee, was put upon its passage:
HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following amendment:
Amend HB 1175 by inserting on line 11 of Page 1 between "examinations" and "and" the following:
", continuing education,".
By striking from line 6 of Page 4 the following: "48-1-19",
and inserting in its place the following: "43-1-19".
By inserting between lines 16 and 17 of Page 4 the following:
"Section 8. Said chapter is further amended by striking Code Section 43-33-16, relating to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows:
'43-33-16. All licenses shall expire biennially unless renewed. All applications for re newal of a license shall be filed with the joint-secretary prior to the expiration date, accom panied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply 'for and obtain a valid license only upon compliance with all relevant requirements for issu ance of a new license. The board shall require no less than four hours of continuing educa tion in order to renew any license issued pursuant to this chapter.' "
By striking from line 17 of Page 4 the following:

and inserting in its place the following: "9".
By striking from line 26 of Page 4 the following: "9",
and inserting in its place the following: "10".
By striking from line 7 of Page 5 the following: "10",
and inserting in its place the following: "11".

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901

By striking from line 10 of Page 5 the following: "11",
and inserting in its place the following: "12".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin j*arker
Bn Bruo"rwtoennS o,f 4,-7wtuh Coleman Coverdell Dean English

Fincher Foster Garner Harris
H,,".alnrreison Holloway Huggins Kennedy Kidd

Peevy Phillips Ray Reddish
SS_ctaortrt of 2nd Tate Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon
Brantley BBrrovuanntof 46th
Cobb (excused) Dawkins Deal

Engram Gillis Greene
Horton ,,Howard,
Hudgins Land Langford

McGill McKenzie Perry
Scott of 36th S_ tumb, augh,
Timmons Tolleson Walker

On the passage of the bill, the yeas were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 417. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize an owner of private property to file a petition with the Department of Public Safety requesting that state and local law enforcement agencies be authorized to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition.

902

JOURNAL OF THE SENATE

The Senate Committee on Public Safety offered the following substitute to SB 417:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize an owner of private property to file a petition with the Department of Public Safety requesting that state and local law enforce ment agencies be authorized to enforce the uniform rules of the road on said private prop erty; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition; to authorize private security agencies to enforce the uniform rules of the road on said private roads, streets, and common areas under certain conditions; to pro vide that the users of such private roads, streets, and common areas shall be subject to all state and local traffic laws and regulations; to provide for the giving of notice that the uni form rules of the road will be enforced on private property; to provide for the use of uniform traffic citation and complaint forms by private security personnel; to provide that the De partment of Public Safety shall furnish sufficient forms to private security agencies; to pro vide for additional training for security officers empowered to enforce the uniform rules of the road; to authorize vehicles operated by private security agencies on private property upon which the uniform rules of the road are being enforced at the request of the owners thereof to use emergency lights that are amber in color; to authorize the use of blue or red emergency lights under certain conditions; to provide that a vehicle operated by a private security agency to enforce the uniform rules of the road may be equipped with a siren, whistle, or bell; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-6-3, relating to areas in which the uniform rules of the road apply, the word "and" at the end of paragraph (3); by striking the period at the end of paragraph (4) and substituting in lieu thereof "; and"; and by adding a new paragraph (5) at the end of said Code section to read as follows:
"(5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-5-281 provided the owner of the private property files with the Department of Public Safety:
(i) A petition requesting that state and local law enforcement agencies be authorized to enforce the uniform rules of the road on such private property; and
(ii) Simultaneously files a plat with the petition delineating the roads, streets, and com mon areas.
(B) In addition to enforcement of the uniform rules of the road by state and local law enforcement agencies, private security agencies shall have the authority to enforce the uni form rules of the road on such private property if the petition filed by the owner of the private property contains that stipulation and is approved by the Department of Public Safety.
(C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public highways as defined in Code Section 40-1-1.
(D) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets stating that local law enforcement agen cies and private security agencies, if applicable, will be enforcing the uniform rules of the road on said private roads, streets, and common areas.
(E) Private security personnel authorized to enforce the uniform rules of the road pur suant to this paragraph shall use the state uniform traffic citation and complaint form and

TUESDAY, FEBRUARY 18, 1986

903

shall forward such citations to the appropriate city, county, or state court for prosecution in the same manner as local law enforcement agencies. The Department of Public Safety shall furnish such private security agencies with sufficient uniform traffic citation and complaint forms and any books, manuals, or other literature relating to the issuance of a citation and complaint by an arresting officer.
(F) In addition to training required under Chapter 38 of Title 43, known as the 'Georgia Private Detective and Security Agencies Act," security officers empowered to enforce the uniform rules of the road pursuant to this paragraph shall meet all standards concerning certification for law enforcement officers in the State of Georgia."
Section 2. Said title is further amended by striking Code Section 40-8-90, relating to restrictions on the use of flashing or revolving blue lights on vehicles, and substituting in lieu thereof a new Code Section 40-8-90 to read as follows:
"40-8-90. (a) Except as provided in subsections (b) and (c) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle with flashing or revolving blue lights except motor vehicles owned or leased by any federal, state, or local law enforcement agency.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county gov erning authority, is using his personal motor vehicle in a law enforcement activity, provided such vehicle is marked as provided in Code Section 40-8-91.
(c) (1) In those areas of the state where the uniform rules of the road are being enforced by state and local law enforcement agencies and private security agencies pursuant to Code Section 40-6-3, vehicles operated by private security agencies for law enforcement purposes shall use emergency lights that are amber in color. If the private security agency concludes that blue or red emergency lights are necessary for the performance of their patrolling du ties, the owner of the private property on which the private security agency is authorized to enforce the uniform rules of the road shall file a request with the Department of Public Safety and the local law enforcement agency or agencies responsible for enforcing traffic laws and regulations for approval to use emergency blue or red lights on their private secur ity patrol vehicles. If approved by the Department of Public Safety and the local law en forcement agency or agencies, the private security agency shall be authorized to use emer gency blue or red lights on its private security patrol vehicles when enforcing the uniform rules of the road on such private property.
(2) Approved blue or red lights shall be removed or concealed when private security patrol vehicles are not on said private property on which the private security agency is authorized to enforce the uniform rules of the road."
Section 3. Said title is further amended by striking Code Section 40-8-94, relating to sirens, whistles, or bells, in its entirety and substituting in lieu thereof a new Code Section 40-8-94 to read as follows:
"40-8-94. Any authorized emergency vehicle or any vehicle operated by a private secur ity agency to enforce the uniform rules of the road pursuant to paragraph (5) of Code Sec tion 40-6-3 may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter event the driver of such vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the approach thereof."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 417 offered by the Senate Committee on Public Safety, the yeas were 0, nays 33, and the substitute was lost.

904

JOURNAL OF THE SENATE

Senator Coleman of the 1st offered the following substitute to SB 417:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that an owner of private property may file a petition with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area requesting state and local law enforcement agen cies to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition; to provide that the primary law enforcement agency shall provide law enforcement services at no cost to the owner of the private property or contract with the owner of the private prop erty to provide such services; to provide that the users of such private roads, streets, and common areas shall be subject to all state and local traffic laws and regulations; to provide for concurrent jurisdiction with other law enforcement agencies; to provide for the giving of notice that the uniform rules of the road will be enforced on private property; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-6-3, relating to areas in which the uniform rules of the road apply, the word "and" at the end of paragraph (3); by striking the period at the end of paragraph (4) and substituting in lieu thereof "; and"; and by adding a new paragraph (5) at the end of said Code section to read as follows:
"(5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-5-281 provided the owner of the private property files with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area:
(i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and
(ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property.
(B) The local law enforcement agency having primary jurisdiction to enforce the uni form rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency.
(C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets.
(D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law en forcement agency to enforce the rules of the road on said private property.
(E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets specifying that state and local law en forcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute offered by Senator Coleman of the 1st, the yeas were 33, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 18, 1986

905

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Broun of 46th rB>rown ofc 4,r7,i-tLh. BCoulretomnan
Coverdell Deal Dean English Engram

Fincher Foster Gillis Greene
Harris Harnson Hu-ine HHoolwloawrday
Huggins Kennedy Kidd McGill Peevy

Perry Phillips Ray Reddish
Scott of 2nd c ., f OC4 , S,, cott of 36th *S,tum,baugh,
Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon Brantley Bryant

Cobb (excused) Dawkins Garner Horton Hudgins

Land Langford McKenzie Timmons Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1532. By Representatives Steinberg of the 46th, Aaron of the 56th, Martin of the 26th and Bishop of the 94th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the home.
Senate Sponsor: Senator Bond of the 39th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Brown of 47th Burton

Coleman Coverdell Dawkins Dean English Engram Foster Gillis

Greene Harris Harrison Hine Holloway Howard Kennedy Kidd

906

JOURNAL OF THE SENATE

Land McGi11 p^
Phillips Ray

Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh

Those not voting were Senators:

Bond Bowen

Deal Fincher

Tate Tolleson Trulock Turner Tysinger
Huggins Langford

Bryant Cobb (excused)

Horton Hudgins

Timmons Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 397. By Representatives Lawler of the 20th and Johnson of the 72nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retire ment System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member.
Senate Sponsor: Senator Barnes of the 33rd.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--House Bill 397S (LC 7 6083S) Superior Court Judges Retirement System

This Bill would change the surviving spouse's benefits if a member dies before reaching age 60. This Bill proposes to base the benefit for those members in service on June 30, 1986 on service those members would have accumulated had they lived to age 60 and retired. For those persons first or again becoming members beginning July 1, 1986 who have not at tained age 60 at the time of death, surviving spouse benefits would be calculated based on the number of years of creditable service the member had on the date of death. Spouse benefits would be set at 50 percent of the member's benefits for members joining the retire
ment system both before and after July 1, 1986.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu-

TUESDAY, FEBRUARY 18, 1986

907

arial assumptions and methods. The cost figures given illustrate the effect of the death ben efit reduction on the plan's current members and assuming eight new entrants on 7-1-86.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Decrease in annual normal cost

$ 568

(3) Current employer contribution rate in effect

17.41%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill (a) for current members (b) for new members entering the system after July 1, 1986

17.41% 17.30%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$ 1,317,932

According to the actuary for the Superior Court Judges Retirement System the annual cost to the employer would decrease by $568 in the first year as a result of this Bill.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
M G.W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes BBrroanunnoo"f 4_6t.h BBruorwtonn of 47th Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis
Greene Harris
,,M.ine Holloway Howard Huggins Kennedy Kidd Land

Langford McGill Peevy Perry
Phillips Ray
0Sco.t.t o,f 3,,6.,t,h Starr Stumbaugh Tate Trulock Turner Tysinger

Those not voting were Senators:

Bond BBorawnetnley Bryant Cobb (excused)

Dawkins Horto.n Hudgins McKenzie

Scott of 2nd Timmons Tolleson Walker

On the passage of the bill, the yeas were 43, nays 0.

908

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

Senator Baldwin of the 29th asked unanimous consent to excuse Senator Cobb of the 28th from the afternoon session of the Senate today due to illness; the consent was granted, and Senator Cobb of the 28th was excused from the afternoon session of the Senate today.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

The following general resolution and bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HR 580. By Representatives Crosby of the 150th, Dixon of the 151st, Sizemore of the 136th and Carter of the 146th:
A resolution protesting the proposed abandonment of 59.22 miles of railroad be tween Pearson and Sylvester, Georgia, by the Seaboard System Railroad, Inc.
Senate Sponsor: Senator Bowen of the 13th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean Engram Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Trulock Turner Tysinger

Voting in the negative were Senators Baldwin and Tolleson.

Those not voting were Senators:

Barnes
Bond Bowen Brantley
Bryant

Cobb (excused)
English Fincher Hudgins
Kennedy (presiding)

McKenzie Reddish
Timmons Walker

On the adoption of the resolution, the yeas were 40, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 18, 1986

909

HB 1144. By Representative Phillips of the 120th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the definitions of "hazardous constituent," "hazardous waste," and "solid waste"; to change the definition of "guarantor"; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun of 46th Brown of 47th Burton Coleman Coverdell Dawkins Deal Dean Engrain

Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Muggins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes
B^ Bowen Brantley Bryant

Cobb (excused)
English Fmcher Hudgins Kennedy (presiding)

McKenzie Stumbaugh
Timmons Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 406. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules pursuant to the "Georgia Administrative Procedure Act," so as to change the procedures relating to the overriding of rules of agencies; to authorize either branch of the General Assembly to override a rule of an agency.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

910

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land Langford

McGill Peevy Perry Phillips
Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger

Those not voting were Senators:

Barnes Bond Bowen Brantley Cobb (excused)

English Fincher Greene Hudgins Kennedy (presiding)

McKenzie Timmons Trulock Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1386. By Representatives Dixon of the 151st, Aaron of the 56th and Bishop of the 94th:
A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses.
Senate Sponsor: Senator Coleman of the 1st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Broun of 46th Bryant Burton Coleman Coverdell Dawkins Dean Engram

Foster Garner Gillis Harris Harrison Hine Holloway Horton Kidd Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Trulock Turner Tysinger

TUESDAY, FEBRUARY 18, 1986

911

Those voting in the negative were Senators:

Brannon

Deal

Tolleson

Those not voting were Senators:

Barnes Bond
^BraWnet"ley Brown of 47th Cobb (excused)

English Fincher
Hroewenared, Hudgins Muggins

Kennedy (presiding) McKenzie
Stumbaug6h Timmons Walker

On the passage of the bill, the yeas were 36, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title.
Senate Sponsor: Senator Turner of the 8th.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 1346 by striking from line 27 of Page 3 the following: "dealer under this chapter", and inserting in lieu thereof the following: "dealer, kennel, or stable under this chapter".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The Senate Committee on Agriculture offered the following amendment:

Amend HB 1346 by adding following the sentence ending on line 28 of Page 4 the following:
"The revenues derived from such licenses shall be used by the Commissioner for pay ment of the cost of administering this chapter, provided that any surplus shall be paid into the general fund of the state treasury."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Brannon Broun of 46th Brown of 47th Bryant

Burton Coverdell Dawkins Deal

912

JOURNAL OF THE SENATE

Dean Engram
Foster Haarrnriesr Harrison jj;ne Holloway Horton Howard

Hugging Kidd
Langford M,, cGill ^ Perry Phillips Ray Scott of 2nd

Scott of 36th Starr
Stumbaugh Tma. te I'"!"10"8 Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes Bond BBorawnetnley Cobb (excused) Coleman

English Fincher G-.l,l,l.ls Greene Hudgins

Kennedy (presiding) Land ,M,cK.,enzle Reddish Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 460. By Representative Ramsey of the 3rd:
A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board.
Senate Sponsor: Senator Cobb of the 28th.

Senator Holloway of the 12th moved that HB 460 be postponed until February 20.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 460 was post poned until February 20.

HB 365. By Representatives Coleman of the 118th, Ramsey of the 3rd, Buck of the 95th, Colbert of the 23rd and Hanner of the 131st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to benefits.
Senate Sponsor: Senator Timmons of the llth.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

TUESDAY, FEBRUARY 18, 1986

913

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--House Bill 365S (LC 7 6092S) Peace Officers' Annuity and Benefit Fund

This Bill would increase the retirement benefits from $12 per month for each full year of creditable service to $13 per month and increase disability benefits from $175 to $190 per month. The increased retirement benefits would be paid to those members who have retired or become disabled prior to July 1, 1986 and to those members who retire or become dis abled on or after July 1, 1986.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) Increase in unfunded actuarial accrued liabilities

$ 6,276,194

(2) Increase in annual normal cost

$ 138,860

(3) Current employer contribution rate in effect
(4) Is current employer contribution rate in conformance with the minimum funding standards required by the Georgia Code

$ 6,232,000 yes

(5) Employer contribution rate recommended by actuary as a result of this Bill
(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$ 4,214,725 $ 4,214,725

According to the actuary for the Peace Officers' Annuity and Benefit Fund, the addi tional annual cost to the employer would be $854,111 in the first year as a result of this Bill. The actuary also indicated the funding position of the Fund is more than adequate to pay for the proposed benefit increase and remain actuarially sound.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G.W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Harris Hine Horton Howard Huggins Kidd

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

914

JOURNAL OF THE SENATE

Timmons Tolleson

Trulock Turner

Tysinger

Those not voting were Senators:

Barker Barnes Bond Bowen Brantley

Cobb (excused) English Greene Harrison Holloway

Hudgins Kennedy (presiding) Land McKenzie Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1149. By Representative Richardson of the 52nd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property.
Senate Sponsor: Senator Howard of the 42nd.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1149 by striking lines 17 and 18 of Page 1 and inserting in lieu thereof the following:
"the federal estate or gift tax marital deduction under the Internal Revenue".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes rannn
Brantley Broun of 46th Brown of 47th Bryant Burton
Dawkins Deal Dean

English Engram Foster Garner Gillis Harris Harrison
Hme Horton Huggins Kidd Land Langford

McGill Perry Phillips Ray Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Trulock Turner Tysinger

Those not voting were Senators:

Bond

Bowen

Cobb (excused)

TUESDAY, FEBRUARY 18, 1986

915

Coleman Cpverdell
Greene Holloway

Howard Hudgins
Kennedy (presiding) McKenzie

Peevy Timmons
Tolleson Walker

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 512. By Representatives Colwell of the 4th and Foster of the 6th:
A resolution to amend a resolution (Res. Act No. 272) providing for the accept ance of a bid of Southern Railway Company (now Norfolk Southern Corporation) for the lease of certain state owned property in Fulton County, so as to authorize the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Norfolk Southern Corporation.
Senate Sponsor: Senator Brown of the 47th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bo1"1 llmTMn BBrroanutnleoyf 46th
Brown of 47th Bryant
Burton Dawkins Deal Dean

English Engram Fincher Foster Gillis 2arrl8 HHianrenson
Horton Howard
Huggins Land Langford McGill

Peevy Perry Phillips Ray Reddish Scott of 2nd QScott of 36th,
btarr Stumbaugh
Tate Trulock Turner Tysinger

Those not voting were Senators:

Allgood Bowen Cobb (excused) Coleman Coverdell

Garner Greene Holloway Hudgins Kennedy (presiding)

Kidd McKenzie Timmons Tolleson Walker

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 969. By Representatives Bannister of the 62nd, Barnett of the 59th, Stancil of the 66th, Atkins of the 21st, Cheeks of the 89th and others:
A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to pro-

916

JOURNAL OF THE SENATE

vide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft.
Senate Sponsor: Senator Perry of the 7th.
The Senate Committee on Higher Education offered the following substitute to HB 969:
A BILL
To be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide that each applicant who is required but has not registered with the Selective Service System of the United States shall be ineligible to receive financial assistance under Parts 2 and 3 of said article; to provide that each applicant shall, under penalty of perjury, certify compliance or noncompliance with the provisions of the registration requirements of the Military Selective Service Act of the United States and provide such other information as the corporation and authority may reasonably require; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by redesignating paragraphs (2) and (3) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation and conflicts with federal or other state law, as paragraphs (3) and (4), respectively, and by adding a new paragraph (2) to read as follows:
"(2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the corporation may reasonably require;"
Section 2. Said article is further amended by redesignating paragraphs (2) and (3) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Au thority and conflicts with federal or other state law, as paragraphs (3) and (4), respectively, and by adding a new paragraph (2) to read as follows:
"(2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the authority may reasonably require;"
Section 3. This Act shall become effective on July 1, 1987.
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 substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 18, 1986

917

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Horton Howard

Huggins Kidd McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Starr Stumbaugh Trulock Turner Tysinger

Those voting in the negative were Senators:

Bond Langford

Scott of 36th

Tate

Those not voting were Senators:

Bowen Cobb (excused) Holloway Hudgins

Kennedy (presiding) Land McKenzie

Timmons Tolleson Walker

On the passage of the bill, the yeas were 42, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 468. By Senators Langford of the 35th, Bond of the 39th, Walker of the 43rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special proce dures for the trial and imposition of sentences in certain cases in which the de fendant is under 18 years of age; to provide for practices and procedures; to pro vide for psychiatric examinations and the use of the results thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Brannon Brantley Broun of 46th Brown of 47th Coleman

Deal Dean Fincher Foster Hine Horton Huggins Kidd

Langford Peevy Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock

918

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baldwin Barnes DTE-,nagwl,k.isihins Engram Garner

Greene Harris TLHaonwdjard McGill Perry

Phillips Ray ,,Ked,d,.isn,
Starr Tysinger

Those not voting were Senators:

Bowen
Bryant Burton Cobb (excused) Coverdell

Gillis
Harrison Holloway Hudgins Kennedy (presiding)

McKenzie Timmons
Turner Walker

On the passage of the bill, the yeas were 25, nays 17.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Langford of the 35th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 468.

SB 456. By Senator Barnes of the 33rd:
A bill to amend Code Section 44-14-470 of the Official Code of Georgia Anno tated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, so as to provide that the creation of such liens shall not be dependent upon the time elapsing from the date of injury to the date such care and treatment is provided.

The Senate Committee on Judiciary and Constitutional Law offered the following amendment:

Amend SB 456 by inserting between "lien." and the quotation marks on line 3 of Page 2 the following:
"This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 44-14-474."

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley

Broun of 46th Brown of 47th Bryant Burton Coleman Dawkins Deal Dean

English Engram Foster Greene Harris Harrison Hine Holloway

TUESDAY, FEBRUARY 18, 1986

919

Horton Howard Huggins KLaidndd
McGill Peevy

Perry Phillips Rav RSceodtdtisohf 2nd
Scott of 36th Starr

Stumbaugh Tate Tolleson T' rul,6oSck
Turner Tysinger

Those not voting were Senators:

Bowen Cobb (excused) Coverdell Fincher

Garner Gillis Hudgins Kennedy (presiding)

Langford McKenzie Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1162. By Representative Robinson of the 58th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols and revolvers, so as to change the provi sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation.
Senate Sponsor: Senator Hine of the 52nd.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 1162 by striking from line 24 of Page 1 the following: "less",
and inserting in its place the following: "more".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant

Burton Coverdell Dawkins Deal Dean English Engram Fincher Foster Harrison Hine

Holloway Horton Howard Huggins Kidd Land Langford McGill Peevy Perry Phillips

920

JOURNAL OF THE SENATE

Ray Reddish Scott of 2nd Scott of 36th

Starr Stumbaugh Tate Tolleson

Trulock Turner Tysinger

Those not voting were Senators:

Bowen Cobb (excused) Coleman Garner

Gillis Greene Harris Hudgins

Kennedy (presiding) McKenzie Timmons Walker

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1341. By Representative Ramsey of the 3rd:
A bill to amend the Official Code of Georgia Annotated so as to change the provi sions relating to impersonating a public officer or employee; to repeal the provi sions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety.
Senate Sponsor: Senator Cobb of the 28th.

Senator Holloway of the 12th moved that HB 1341 be postponed until February 20.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1341 was post poned until February 20.

HB 1441. By Representative Mostiler of the 75th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to change cross ref erences to other laws and to provide for other matters relative thereto.
Senate Sponsor: Senator Engram of the 34th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Coverdell Dawkins Deal Dean English Engram Fincher Foster Gillis Greene Harrison Hine

Holloway Horton Howard Huggins Kidd Land Langford McGill Peevy Perry Phillips Ray

TUESDAY, FEBRUARY 18, 1986

921

Reddish Scott of 2nd Scott of 36th Starr

Stumbaugh Tate Timmons Tolleson

Trulock Turner Tysinger

Those not voting were Senators:

Bowen Cobb (excused) Coleman

Garner Harris Hudgins

Kennedy (presiding) McKenzie Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

The Conference Committee report on HB 1259 was as follows:

The Committee of Conference on HB 1259 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1259 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ A.L. Burruss Representative, 20th District
/s/ L.L. Phillips Representative, 120th District

Conference Committee substitute to HB 1259:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1985-1986 known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), so as to change certain appropriations for the State Fiscal Year 1985-1986; to change the revenue estimate; to make language and other changes; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1985-1986, known as the "General Appropriations Act," approved April 10, 1985 (Ga. L. 1985, p. 1521), as

922

JOURNAL OF THE SENATE

amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), is amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1985, and ending June 30, 1986, as prescribed hereinafter for such State Fiscal Year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $4,972,000,000 for State Fiscal Year 1986.

PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch. ................ Personal Services--Staff ...................... Personal Services--Elected Officials ............ Regular Operating Expenses................... Travel--Staff ............................. Travel--Elected Officials ...................... Motor Vehicle Equipment Purchases ........... Publications and Printing ..................... Equipment Purchases. ........................ Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts--Staff .......... Per Diem, Fees and Contracts--Elected Officials

Photography ...................... Expense Reimbursement Account. . Capital Outlay .................... Total Funds Budgeted ............. State Funds Budgeted ............

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 3,145,820

Lt. Governor's Office

$

406,448

Secretary of the Senate's Office

$

968,417

Total

$ 4,520,685

House Functional Budgets

Total Funds

House of Representatives and Research Office

$ 6,939,155

Speaker of the House's Office

$

260,881

Clerk of the House's Office

$ 1,073,901

Total

$ 8,273,937

Joint Functional Budgets

Total Funds

Legislative Counsel's Office

2,111,767

Legislative Fiscal Office

1,306,442

$ 18,308,851 ...$7,861,329 . $ 2,386,700 ... $ 1,500,624 ....$ 125,700 ......$ 5,000 ......$ --0--
$ 552,800 ... $ 404,022 . $ 635,684 .....$ 62,211 .... $ 600,803 . . $ 487,750 . . . $ 1,798,836 ... $ 139,592 .....$ 65,000 . ..$ 1,132,800 . $ 550,000 . . .$ 18,308,851 . . .$ 18,308,851

State Funds

$ 3,145,820

$

406,448

$

968,417

$ 4,520,685

State Funds
6,939,155 260,881
1,073,901 8,273,937

State Funds $ 2,111,767 $ 1,306,442

TUESDAY, FEBRUARY 18, 1986

923

Legislative Budget Office Ancillary Activities Total

$

720,594 $

720,594

$ 1,375,426 $ 1,375,426

$ 5,514,229 $ 5,514,229

For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to ap proval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legisla tive Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits .................................$ 7,864,771

Operations Budget:

Personal Services.................................................$ 7,676,610

Regular Operating Expenses ........................................$ 240,000

Travel ........................................................ . . . $ 665,000

Motor Vehicle Purchases ............................................$ 48,000

Publications and Printing ...........................................$ 25,500

Equipment Purchases. ..............................................$ 12,250

Per Diem, Fees and Contracts .......................................$ 12,000

Real Estate Rentals ...............................................$ 238,490

Computer Charges ................................................$ 120,000

Telecommunications ................................................$ 45,000

Total Funds Budgeted ......................................... . . . $ 9,082,850

State Funds Budgeted ............................................$ 7,864,771

Total Positions Budgeted

212

Authorized Motor Vehicles

37

924

JOURNAL OF THE SENATE

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ........................................$ 3,174,486

Section 4. Court of Appeals. Budget Unit: Court of Appeals ......................................$ 3,606,414

Section 5. Superior Courts.

Budget Unit: Superior Courts ......................................$ 28,372,779

Operation of the Courts

....

$ 27,051,452

Prosecuting Attorneys' Council .....................................$ 538,924

Sentence Review Panel ............................................$ 114,778

Council of Superior Court Judges ....................................$ 51,378

Judicial Administrative Districts ....................................$ 609,002

Habeas Corpus Clerk .......$ 7,245

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts

......$ 196,899

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education .......................$ 280,912
Institute's Operations ..............................................$ 263,500 Georgia Magistrate Courts
Training Council .................................................$ 17,412

Section 8. Judicial Council. Budget Unit: Judicial Council ........................................$ 640,621 Council Operations ................................................$ 552,486 Payments to Judicial Administrative Districts for Case Counting .........................$ 67,100 Board of Court Reporting ......................$ 21,035

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission .......................$ 104,325
PART III.
EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ...............$ 48,471,995

Administrative Services Budget:

Personal Services................................................$ 31,010,663

Regular Operating Expenses .......................................$ 7,214,022

Travel ...........................................................$ 186,613

Motor Vehicle Equipment Purchases ................................$ 378,330

Publications and Printing ...............................$ 291,901

Equipment Purchases .............................................$ 1,019,998

Computer Charges ...............................................$ 7,457,828

Real Estate Rentals ..............................................$ 2,819,982

Telecommunications ...............................................$ 502,011

Per Diem, Fees and Contracts ......................................$ 511,381

Rents and Maintenance Expense

....................$ 20,041,264

Utilities ...........................................................$ 32,700

Unemployment Compensation Reserve ..................$ 11,552

State of Georgia General

Obligation Debt Sinking Fund ......................................$ --0--

TUESDAY, FEBRUARY 18, 1986

925

Payments to DOAS Fiscal Administration

. . $ 1,845,140

Direct Payments to Georgia

Building Authority for Capital Outlay .

$ 3,134,032

Direct Payments to Georgia

Building Authority for Authority Lease Rentals ................. . $ 855,968

Direct Payments to Georgia

Building Authority for Operations ........

$ 1,695,103

Telephone Billings

$ 29,292,784

Materials for Resale .......................

$ 8,636,000

Public Safety Officers Indemnity Fund ......

. . . $ 608,800

Health Planning Review Board Operations

. $ 55,000

Georgia Golf Hall of Fame Operations ......

....$ 30,000

Unemployment Compensation Payments . . . .

. $ 2,650,000

Comprehensive General Liability

Reserve Fund ...........................

. $ 5,000,000

Hazardous Materials Liability

Reserve Fund ...........................

$ 1,000,000

Total Funds Budgeted .....................

$ 126,281,072

State Funds Budgeted .....................

$ 48,471,995

Total Positions Budgeted

1,006

Authorized Motor Vehicles

300

Department of Administrative Services Functional Budgets

State Properties Commission Departmental Administration Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Undistributed Total

Pos.

Total Funds

State Funds

6$

328,502 $

328,502

43 $ 7,577,255 $ 7,577,255

30 $ 17,326,280 $ 15,481,140

27 $ 8,604,348 $

-- 0--

52 $ 12 $

2,273,127 $ 512,821 $

2,273,127 -- 0--

12 $

442,971 $

442,971

540 $ 45,501,134 $ 16,369,000

23 $ 2,267,469 $

-- 0--

122 $ 34,007,611 $

60 $ 4,578,652 $

40 $ 1,316,424 $

11 $

369,977 $

28 $ 1,174,501 $

0$

--0-- $

6,000,000 -- 0-- -- 0-- -- 0-- -- 0-- -- 0--

1,006 $ 126,281,072 $ 48,471,995

B. Budget Unit: Georgia Building Authority ... Georgia Building Authority Budget: Personal Services .......................... Regular Operating Expenses ................ Travel ................................... Motor Vehicle Equipment Purchases ........ Publications and Printing .................. Equipment Purchases. ..................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications .......................

.....$ --0--
$ 14,942,173 . .$ 3,418,461 ... $ 4,000 ... $ 34,600 . . . . $ 30,000 . $ 1,094,860 . . . . $ 35,000 . . . . $ 46,296 . . . . $ 84.679

926

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ......................................$ 120,000

Capital Outlay ...................................................$ 3,340,000

Authority Lease Rentals ...........................................$ 855,968

Utilities .........................................................$ 6,753,164

Facilities Renovations and Repairs ....................................$ --0--

Total Funds Budgeted ...........................................$ 30,759,201

State Funds Budgeted ....................................... ....... . $ --0--

Total Positions Budgeted

542

Authorized Motor Vehicles

105

Section 11. Department of Agriculture.

A. Budget Unit: Department of Agriculture ...........................$ 28,659,215

State Operations Budget:

Personal Services ................................................$ 23,576,567

Regular Operating Expenses .......................................$ 2,233,472

Travel . . . . ........................................ . . .............$ 854,358

Motor Vehicle Equipment Purchases ................................$ 276,313

Publications and Printing ..........................................$ 604,546

Equipment Purchases .............................................$ 203,716

Computer Charges ............ ^ .................... ^ ............$ 170,000

Real Estate Rentals ...............................................$ 601,167

Telecommunications ...............................................$ 350,557

Per Diem, Fees and Contracts ......................................$ 287,910

Market Bulletin Postage ...........................................$ 520,500

Payments to Athens and Tifton

Veterinary Laboratories .........................................$ 1,940,209

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, and Statesboro ...............................$ 1,313,370

Veterinary Fees ...................................................$ 547,250

Indemnities ........................................................$ 98,000

Bee Indemnities ....................................................$ 80,000

Advertising Contract ...............................................$ 95,000

Payments to Georgia Agrirama

Development Authority for Operations ............................ $ 314,932

Renovation, Construction,

Repairs and Maintenance

Projects at Major and Minor Markets ............................$ 1,900,000

Capital Outlay ....................................................$ 140,000

Contract--Federation of

Southern Cooperatives............................................$ 60,000

Tick Control Program ..............................................$ 50,000

Total Funds Budgeted ...........................................$ 36,217,867

State Funds Budgeted ...........................................$ 28,659,215

Total Positions Budgeted

912

Authorized Motor Vehicles

276

Department of Agriculture Functional Budgets

Pos.

Total Funds

State Funds

Plant Industry

120 $ 3,520,983 $ 3,147,695

Animal Industry

56 $ 5,874,022 $ 5,507,135

Marketing

44 $ 2,289,649 $ 2,281,649

General Field Forces

113 $ 2,899,192 $ 2,899,192

Internal Administration

58 $ 3,249,198 $ 3,141,797

Information and Education

8 $ 1,209,847 $ 1,209,847

TUESDAY, FEBRUARY 18, 1986

927

Fuel and Measures Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Undistributed Total

71 $ 2,042,837 $ 2,037,837

155 $ 5,077,174 $ 4,112,424

122 $ 3,600,113 $ 1,452,943

106 $ 4,541,341 $ 1,387,674

8$

276,489 $

25,000

51 $ 1,637,022 $ 1,456,022

0$

--0-- $

--0--

912 $ 36,217,867 $ 28,659,215

B. Budget Unit: Georgia Agrirama Development Authority ................$ --0--

Georgia Agrirama Development Authority Budget:

Personal Services...................... ............................$ 423,733

Regular Operating Expenses ........................................$ 115,715

Travel .............................................................$ 7,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 14,064

Equipment Purchases ................................................$ 7,175

Computer Charges ..................................................$ --0--

Real Estate Rentals .................................................$ --0--

Telecommunications .................................................$ 8,000

Per Diem, Fees and Contracts .......................................$ 27,270

Capital Outlay ....................................................$ 137,000

Goods for Resale ...................................................$ 73,500

Total Funds Budgeted .............................................$ 813,457

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

28

Authorized Motor Vehicles

8

Section 12. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance ....................$ 4,494,594

Administration and Examination Budget:

Personal Services.................................................$ 3,542,759

Regular Operating Expenses ........................................$ 175,404

Travel ...........................................................$ 277,043

Motor Vehicle Equipment Purchases ................................$ 135,302

Publications and Printing ...........................................$ 14,300

Equipment Purchases ...............................................$ 14,926

Computer Charges ................................................$ 136,827

Real Estate Rentals ...............................................$ 151,130

Telecommunications ................................................$ 44,903

Per Diem, Fees and Contracts ........................................$ 2,000

Total Funds Budgeted ............................................$ 4,494,594

State Funds Budgeted ............................................$ 4,494,594

Total Positions Budgeted

104

Authorized Motor Vehicles

30

Section 13. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ....................$ 6,344,103
State Operations Budget: Personal Services. ................................................$ 4,036,325 Regular Operating Expenses ........................................$ 135,040 Travel ...........................................................$ 187,900 Motor Vehicle Equipment Purchases .................................$ 24,000 Publications and Printing ...........................................$ 70,025 Equipment Purchases ................................................$ 7,072

928

JOURNAL OF THE SENATE

Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Area Planning
and Development Commissions ............................. Local Assistance Grants ..................................... Appalachian Regional Commission Assessment ................. Community Development Block
Grants (Federal) .......................................... Juvenile Justice Grants (Federal) ............................. Grant--Richmond County ................................... Economic Development Grants ............................... Payment to Georgia
Development Authority .................................... Technical Assistance to S.D.A. ............................... Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Total Positions Budgeted Authorized Motor Vehicles

Department of Community Affairs Functional Budgets

Pos.

Total Funds

Executive and Administrative

18 $ 3,456,831

Technical Assistance

29 $ 2,244,693

Community and Economic Development

41 $ 37,842,419

Intergovernmental Assistance

18 $

960,648

Job Training Partnership Act

3$

140,013

Undistributed

0$

--0--

Total

109 $ 44,644,604

. . . . $ 21,000 . . . $ 205,692 . . . . $ 84,900 . . . . $ 84,430 .....$ --0--
. .$ 1,282,500 $ 992,400
....$ 83,320
$ 35,900,000 $ 1,000,000 ... $ --0-- . . . $ 150,000
... $ 380,000 .... $ --0-- .$ 44,644,604 . . $ 6,344,103
109 7
State Funds
3,401,331
1,049,994
1,136,394
756,384
--0--
6,344,103

B. Budget Unit: Authorities ..............................................$ --0--

Operations Budget:

Personal Services. ................................................$ 2,530,628

Regular Operating Expenses. .......................................$ 332,004

Travel ............................................................$ 79,379

Motor Vehicle Equipment Purchases .................................$ 84,842

Publications and Printing .

$ 64,121

Equipment Purchases. ........

... $ 76,302

Computer Charges ...........

... $ 40,865

Real Estate Rentals ..........

. . . $ 164,062

Telecommunications ..........

.... $ 74,253

Per Diem, Fees and Contracts

... $ 163,555

Rental Assistance Payments.

.$ 11,500,000

Grants to Housing Sponsors ........................................$ 500,000

Total Funds Budgeted ...........................................$ 15,610,011

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

87

Authorized Motor Vehicles

37

TUESDAY, FEBRUARY 18, 1986

929

Authorities Functional Budgets

Georgia Residential Finance Authority
Georgia Development Authority Undistributed Total

Pos.

Total Funds

State Funds

81

15,230,011 $

--0--

6

380,000 $

--0--

0

--0--

87

15,610,011 $

--0--

Section 14. Department of Corrections.

A. Budget Unit: Departmental Operations ............................$ 26,260,636

Departmental Operations Budget:

Personal Services ................................................$ 10,267,004

Regular Operating Expenses ........................................$ 770,408

Travel .............................,.............................$ 379,626

Motor Vehicle Equipment Purchases ................................$ 846,471

Publications and Printing ...........................................$ 62,400

Equipment Purchases. .............................................$ 200,096

Computer Charges ...............................................$ 1,513,485

Real Estate Rentals ............................................. .^ 1,106,277

Telecommunications ...............................................$ 312,878

Per Diem, Fees and Contracts .....................................$ 1,026,529

Utilities ...........................................................$ 50,000

County Subsidy ..................................................$ 7,492,000

County Subsidy for Jails ...........................................$ 493,092

Court Costs.................................................... ...j 353,000

Central Repair Fund ..............................................$ 564,800

Grants for County

Workcamp Construction .........................................$ 600,000

Local Jail Equipment Grants .........................................$ --0--

Grants for Local Jails .............................................$ 500,000

Payments to Georgia

Correctional Industries ...........................................$ 391,700

Total Funds Budgeted ...........................................$ 26,929,766

Indirect DOAS Funding ...........................................$ 450,000

State Funds Budgeted ...........................................$ 26,260,636

Total Positions Budgeted

338

Authorized Motor Vehicles

92

Departmental Operations Functional Budgets

General Administration and Support
Adult Facilities and Programs Training and Staff Development Undistributed Total

Pos.

Total Funds

State Funds

188 $ 11,315,056 $ 10,865,056

121 $ 14,071,865 $ 13,852,735

29 $ 1,542,845 $ 1,542,845

0$

--0-- $

--0--

338 $ 26,929,766 $ 26,260,636

B. Budget Unit: Correctional Institutions Transitional Centers and Support.....
Institutional Operations Budget: Personal Services.................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Equipment Purchases . .

. $ 154,073,588
. . .$ 104,745,416 . . . .$ 19,546,515
.... $ 92,817 .....$ 1,508,800

930

JOURNAL OF THE SENATE

Publications and Printing ...........................................$ 88,000

Equipment Purchases .............................................$ 3,156,334

Computer Charges ..................................................$ --0--

Real Estate Rentals ............................... . . ..............$ 294,430

Telecommunications ...............................................$ 961,823

Per Diem, Fees and Contracts ......................................$ 231,079

Utilities ...................................... .^ .................$ 7,066,100

Payments to Central State

Hospital for Meals .............................................$ 2,430,900

Payments to Central State

Hospital for Utilities ...........................................$ 1,224,000

Payments to Public Safety for Meals. ................................$ 70,434

Inmate Release Funds .............................................$ 880,000

Health Service Purchases ........................................$ 10,946,930

Payments to the Medical

Association of Georgia for

Jail and Prison Health Care Certification ...........................$ 42,909

University of Georgia--

Cooperative Extension Service Contracts ..........................$ 217,000

Minor Construction Fund ..........................................$ 860,101

Authority Lease Rentals ...........................................$ 440,000

Capital Outlay ..........'..........................................$ 874,000

Total Funds Budgeted ..........................................$ 155,677,588

State Funds Budgeted ..........................................$ 154,073,588

Total Positions Budgeted

4,860

Authorized Motor Vehicles

389

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Pos.

Total Funds

State Funds

Georgia Training and Development Center

70

1,973,572 $ 1,973,572

Georgia Industrial Institute

296

7,768,403 $ 7,768,403

Alto Education and Evaluation Center

39

1,438,659 $ 1,438,659

Georgia Diagnostic and Classification Center

360 $ 8,644,692 $ 8,644,692

Georgia State Prison

717 $ 17,318,617 $ 17,318,617

Consolidated Branches

525 $ 13,734,480 $ 13,644,440

Middle Georgia Correctional Institution

818 $ 19,569,308 $ 19,569,308

Jack T. Rutledge Correctional Institution

148

3,891,742

3,891,742

Central Correctional Institution

138

3,425,090

3,425,090

Metro Correctional Institution

183

4,367,715

4,367,715

Coastal Correctional Institution

179

4,383,393

4,324,893

Central Funds

7

11,823,999

11,823,999

D.O.T. Work Details

32

678,428 $

Food Processing and Distribution

210

12,432,132 $ 11,784,100

Farm Operations

39

5,462,814 $ 5,437,814

Dodge Correctional Institution

143

3,346,249 $ 3,346,249

TUESDAY, FEBRUARY 18, 1986

931

Transitional Centers Augusta Correctional and
Medical Institution Health Care
Richard H. Rogers Correctional Institution
Forsyth Correctional Institution Federal Grants
Undistributed Total

117
255 298
145 141
0 0 4,860

$ 3,487,679

5,774,632 $ 19,913,503

$ 3,577,227

$ 2,561,254

$

104,000

$

--0--

$ 155,677,588

$ 3,487,679
$ 5,774,632 $ 19,913,503
$ 3,577,227 $ 2,561,254
--0-- 154,073,588

C. Budget Unit: Board of Pardons and Paroles .......................$ 13,859,707

Board of Pardons and Paroles Budget:

Personal Services................................................$ 11,163,650

Regular Operating Expenses ...................................... ^. $ 470,061

Travel ........................................................ . . . $ 433,482

Motor Vehicle Equipment Purchases .................................$ 50,000

Publications and Printing ...........................................$ 41,774

Equipment Purchases. .............................................$ 118,050

Computer Charges ................................................$ 174,214

Real Estate Rentals ...............................................$ 770,219

Telecommunications ...............................................$ 335,510

Per Diem, Fees and Contracts .......................................I 64,460

County Jail Subsidy ...............................................$ 248,425

Total Funds Budgeted ...........................................$ 13,869,845

State Funds Budgeted ...........................................$ 13,859,707

Total Positions Budgeted

470

Authorized Motor Vehicles

31

D. Budget Unit: Georgia Correctional Industries ..........................$ --0--

Georgia Correctional Industries Budget:

Personal Services.................................................$ 2,272,330

Regular Operating Expenses ........................................$ 894,000

Travel ............................................................$ 61,000

Motor Vehicle Equipment Purchases ................................$ 187,000

Publications and Printing ............................................$ 9,500

Equipment Purchases. .............................................$ 396,000

Computer Charges ..................................................$ 1,900

Real Estate Rentals ................................................$ 95,000

Telecommunications ................,...............................$ 68,500

Per Diem, Fees and Contracts ......................................$ 344,300

Cost of Sales ....................................................$ 6,245,000

Repayment of Prior Year's Appropriations............................ $ 84,000

Capital Outlay ....................................................$ 391,700

Total Funds Budgeted ...........................................$ 11,050,230

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

83

Authorized Motor Vehicles

19

E. Budget Unit: Division of Probations ..............................$ 30,948,726 Operations Budget: Personal Services ................................................$ 30,584,483 Regular Operating Expenses ........................................$ 898,670 Travel ...........................................................$ 530,204 Motor Vehicle Equipment Purchases .................................$ 19,000

932

JOURNAL OF THE SENATE

Publications and Printing Equipment Purchases. ....... Computer Charges ........... Real Estate Rentals .......... Telecommunications .......... Utilities ..................... Per Diem, Fees and Contracts Capital Outlay ............... Total Funds Budgeted ........ State Funds Budgeted ........ Total Positions Budgeted Authorized Motor Vehicles
Division of Probations Functional Budgets

.... $ 90,950 . . . $ 326,738 ......$ --0-- . . . $ 881,061
$ 452,350 ... $ 307,002 .....$ 12,000
$ 200,800 . $ 34,303,258 .$ 30,948,726
1,307 122

Probation Administration Probation Field Operations Diversion Centers Undistributed Total

Pos.

Total Funds

State Funds

24 $

750,485 $

620,485

1,071 $ 27,461,887 $ 25,027,355

212 $ 0$

6,090,886 $ --0-- $

5,300,886 --0--

1,307 $ 34,303,258 $ 30,948,726

Section 15. Department of Defense.

Budget Unit: Department of Defense ................................$ 4,055,859

Operations Budget:

Personal Services .................................................$ 5,797,865

Regular Operating Expenses .......................................$ 1,715,422

Travel ............................................................$ 61,820

Motor Vehicle Equipment Purchases .................................$ 16,800

Publications and Printing ............... ^. ............. ^. ...........$ 35,167

Equipment Purchases ..............................................$ 249,942

Computer Charges .................................................$ 32,802

Real Estate Rentals .................................................$ 6,160

Telecommunications ................................................$ 78,058

Per Diem, Fees and Contracts ......................................$ 652,351

Utilities ........,................................................$ 1,543,065

Grants to Locals--EMA (P&A) M/S ...............................$ 1,160,025

Grants--Others ...................................................$ 337,782

Georgia Military Institute Grant .....................................$ 18,000

Civil Air Patrol Contract. ...........................................$ 42,000

Capital Outlay .....................................................$ 14,026

Grants to Armories ................................................$ 477,500

Repairs and Renovations ...........................................$ 302,563

Total Funds Budgeted ...........................................$ 12,541,348

State Funds Budgeted ............................................$ 4,055,859

Total Positions Budgeted

228

Authorized Motor Vehicles

20

Department of Defense Functional Budgets

Pos.

Total Funds

State Funds

Office of the Adjutant General

22 $ 2,099,654 $

869,623

Georgia Emergency Management Agency

39 $ 2,310,442 $

814,287

Georgia Air National Guard

74 $ 2,762,104 $

362,398

Georgia Army National Guard

93 $ 5,369,148 $ 2,009,551

Undistributed

0$

--0-- $

--0--

Total

228 $ 12,541,348 $ 4,055,859

TUESDAY, FEBRUARY 18, 1986

933

Section 16. State Board of Education--Department of Education. A. Budget Unit: Department of Education ........................$ 1,868,482,466
Operations: Personal Services................................................$ 31,173,921 Regular Operating Expenses .......................................$ 3,191,938 Travel ................. . . ....... . . ..... . . . . . ................... . . $ 983,646 Motor Vehicle Equipment Purchases .................... $ 8,468 Publications and Printing ..........................................$ 621,578 Equipment Purchases ..............................................$ 329,582 Computer Charges ...............................................I 2,826,697 Real Estate Rentals ......................................,.......$ 1,974,488 Telecommunications ...............................................$ 641,528 Per Diem, Fees and Contracts .....................................$ 9,734,443 Utilities .........................................................$ 1,061,250 Capital Outlay .....................................................$ 20,000
APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) ............................$ 782,051,516 Salaries of Instructional Personnel Code Section 20-2-152 ..............................$ 132,387,138 Salaries of Instructional Personnel Code Section 20-2-153 ...............................$ 60,914,105 Salaries of Student Supportive Personnel ..........................$ 33,938,912 Salaries of Administrative and Supervisory Personnel .....................................$ 87,736,245 Special Education Leadership Personnel ............................$ 4,052,242 Instructional Media .............................................$ 21,460,056 Instructional Equipment ...........................................$ 717,192 Maintenance and Operation .....................................$ 106,576,904 Sick and Personal Leave ..........................................$ 5,960,846 Travel ..........................................................$ 1,051,882 Pupil Transportation ............................................$ 90,004,476 Isolated Schools ...................................................$ 673,600
Non-APEG Grants: Education of Children of Low-Income Families ..........................................$ 78,364,380 Teacher Retirement ............................................$ 156,776,992 Instructional Services for the Handicapped ..............................................$ 22,688,125 Preparation of Professional Personnel in Education of Handicapped Children ....................$ --0-- Tuition for the Multi-handicapped .................................$ 1,472,504 Severely Emotionally Disturbed ..................................$ 20,196,850 Compensatory Education .........................................$ 18,601,401 School Lunch (Fed.) ............................................$ 110,667,400 School Lunch (State)............................................$ 19,551,543 Innovative Programs ...............................................$ 288,000 Staff Development ................................................$ 800,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification .............................................$ 4,896,326 Cooperative Educational Service Areas .............................$ 4,905,626 Superintendents Salaries ..........................................$ 6,207,277 High School Program . ... . . ............................. . . .... . . . $ 34,684,229 Education Technology Grants .....................................$ 1,000,000 Governor's Scholarship ............................................$ 250,000

934

JOURNAL OF THE SENATE

Special Projects ..................................

Job Training and Partnership Act

Vocational Research and Curriculum ...............

Adult Education .................................

Salaries and Travel of Public Librarians

Public Library Materials ..........................

Talking Book Centers ............................

Public Library M&O............................

Public Library Construction .......................

Instructional Aides ...............................

Teacher Health Insurance.........................

Health Insurance--Non

Certificated Personnel ..........................

Teacher Health Insurance--

Retired Teachers ...............................

Transition Program For Refugee Children ..........

Grants to Local School

Systems for Educational Purposes

...

Title III--Math/Science Grants....................

Local School Systems Computer Equipment ........

Salaries of Extended

Pre-School Personnel ..................

Local School Construction ........................

Child Care Lunch Program (Federal) ..............

Local School Construction (Asbestos) ..............

Chapter II--Block Grant Flow Through ............

Total Funds Budgeted ............................

Indirect DOAS Services Funding ..................

State Funds Budgeted ............................

Total Positions Budgeted

Authorized Motor Vehicles

Education Functional Budgets

Pos.

Total Funds

Instructional Services

159 $ 6,967,886

Governor's Honors Program

2$

806,807

Vocational Education Public Library Services State Administration Administrative Services

73 $ 42 $ 47 $ 202 $

4,296,685 1,721,341 6,041,298 8,630,737

Planning and Development Professional Standards Commission

103 $ 3$

9,676,174 177,750

Vocational Advisory Council
Professional Practices Commission

2$

200,000 448,479

Georgia Academy for the Blind

147 $ 3,586,126

Georgia School for the Deaf

223 $ 6,644,501

Atlanta Area School for the Deaf

103 $ 3,369,755

Local Programs Undistributed

0 $ 2,086,072,415

0$

_0--

... $ 609,700 . . . $ 7,000,000
$ 366,540 . ..$ 3,274,741 . . . $ 6,228,412 . . . $ 3,839,970 ... $ 674,405 . . . $ 2,985,849 ......$ --0--
$ 20,872,920 . . $ 48,200,227
.$ 21,624,000
. . . $ 7,807,000 ... $ 206,771
$ 78,000,000 .$ 1,097,617 $ 10,730,000
......$ --0-- $ 41,475,840 $ 13,500,000
ff __Q__
. . . $ 8,702,656 ; 2,138,639,954 . . . . $ 340,000 ; 1,868,482,466
1,113 56

State Funds 4,138,973 791,807 2,303,688 778,574 4,592,677 5,334,051 8,842,392 177,750 --0--

$

448,479

3,278,015

$ 6,293,974

$ 3,104,070

$ 1,828,398,016

$

--0--

TUESDAY, FEBRUARY 18, 1986

935

Total

1,113 $ 2,138,639,954 $ 1,868,482,466

I. Budget Unit: Board of Postsecondary Vocational Education ..................................
Board of Postsecondary Vocational Education Budget: Personal Services................................. Regular Operating Expenses............................ Travel ................................................. Motor Vehicle Equipment Purchases ..................... Publications and Printing .............................. Equipment Purchases. ............................... Computer Charges .................................... Real Estate Rentals .................................. Telecommunications ................................. Per Diem, Fees and Contracts .......................... Utilities ............................................... Area School Construction .............................. Area-School Program .................................. Junior College Program ................................ Quick Start.......................................... Capital Outlay ....................................... Total Funds Budgeted ................................. State Funds Budgeted ................................ Total Positions Budgeted

.$ 74,636,618
. . $ 7,067,082 $ 1,376,718
... $ 108,699 .... $ 38,500 .... $ 40,062 . .. $ 884,689 ... $ 140,708 . . . $ 150,328 . . . . $ 81,432 ... $ 767,175 ... $ 913,500 . . $ 1,095,300 .$68,212,873 . .$ 2,451,521 . $ 3,275,500 .... $ 40,200 . $ 86,644,287 . $ 74,636,618
246

Board of Post Secondary Functional Budgets

State Operations
North Georgia VocationalTechnical School
South Georgia VocationalTechnical School
Undistributed
Total

Pos.

Total Funds

State Funds

$ 46

77,911,345 $ 67,915,097

$ 107

4,728,654 $ 3,552,704

$ 93

4,004,288 $ 3,168,817

0$

--0-- $

--0--

$ 246

86,644,287 $ 74,636,618

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System .......................... . . $ --0-- Employees' Retirement System Budget: Personal Services.................................................. $ 678,232 Regular Operating Expenses........................................ $ 11,675 Travel ........................................................... . . $ 7,500 Motor Vehicle Equipment Purchases ................................ Publications and Printing .......................................... . $ 21,150 Equipment Purchases. ............................................. . . $ 3,100 Computer Charges ................................................ $ 155,119 Real Estate Rentals ............................................... . $ 74,046 Telecommunications ............................................... . $ 11,779 Per Diem, Fees and Contracts ...................................... $ 538,500 Postage .......................................................... $ 65,000 Benefits to Retirees ............................................... ..$ Employer Contribution ............................................ Total Funds Budgeted ............................................$ State Funds Budgeted ............................................. Total Positions Budgeted Authorized Motor Vehicles

936

JOURNAL OF THE SENATE

Section 18. Forestry Commission.

Budget Unit: Forestry Commission .... $ 29,327,452

State Operations Budget:

Personal Services ................$ 21,790,319

Regular Operating Expenses .......................................$ 5,573,378

Travel ...........................................................$ 130,113

Motor Vehicle Equipment Purchases ...............................$ 1,784,351

Publications and Printing .........$ 86,559

Equipment Purchases. .......$ 2,472,223

Computer Charges .................................................$ 63,738

Real Estate Rentals ................................................$ 18,211

Telecommunications ...........................................$ 575,055

Per Diem, Fees and Contracts ......................................$ 160,871

Contractual Research ..............................................$ 250,000

Payments to the University of

Georgia, School of Forestry for Forest Research ....................$ 300,000

Ware County Grant ................................................$ 90,000

Wood Energy Program .............................................$ 93,582

Capital Outlay ....................................................$ 300,000

Total Funds Budgeted ...........................................$ 33,688,400

State Funds Budgeted ...........................................$ 29,327,452

Total Positions Budgeted

880

Authorized Motor Vehicles

763

Forestry Commission Functional Budgets

Pos.

Total Funds

State Funds

Reforestation

55 $ 3,723,075 $ 1,567,175

Field Services

794 $ 28,011,443 $ 25,814,395

Wood Energy

1$

93,582 $

93,582

General Administration and Support

30 $ 1,860,300 $ 1,852,300

Undistributed

0$

--0-- $

--0--

Total

880 $ 33,688,400 $ 29,327,452

Section 19. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation .......................$ 25,420,415

Operations Budget:

Personal Services................................................$ 16,779,062

Regular Operating Expenses .......................................$ 1,665,906

Travel ...........................................................$ 525,000

Motor Vehicle Equipment Purchases ...............................$ 1,050,000

Publications and Printing ...........................................$ 90,785

Equipment Purchases. .............................................$ 838,370

Computer Charges ...............................................$ 2,510,363

Real Estate Rentals ..............................................$ 1,446,807

Telecommunications ..............................................$ 1,219,524

Per Diem, Fees and Contracts .......................................$ 30,710

Evidence Purchased ...............................................$ 380,000

Utilities ...........................................................$ 89,966

Postage ...........................................................$ 69,190

Capital Outlay ....................................................$ 124,732

Total Funds Budgeted ...........................................$ 26,820,415

Indirect DOAS Funding ..........................................$ 1,400,000

Total State Funds Budgeted .....................................$ 25,420,415

Total Positions Budgeted

507

TUESDAY, FEBRUARY 18, 1986

937

Authorized Motor Vehicles

Georgia Bureau of Investigation Functional Budgets

Pos.

Total Funds

Administration

23 $ 2,507,769

Drug Enforcement

82 $ 4,930,203

Investigative

206 $ 9,126,631

Forensic Sciences

93 $ 4,218,601

Georgia Crime Information Center

103 $ 6,037,211

Undistributed

0$

--0--

Total

507 $ 26,820,415

320
State Funds $ 2,507,769 $ 4,930,203 $ 9,126,631 $ 4,218,601 $ 4,637,211 $ $ 25,420,415

Section 20. Georgia State Financing

and Investment Commission.

Budget Unit: Georgia State Financing and

Investment Commission ......................................

Departmental Operations Budget:

Personal Services............................................... . $ 905,224

Regular Operating Expenses. .................................... . $ 29,275

Travel ........................................................ ... $ 9,000

Motor Vehicle Equipment Purchases ............................. .... $ --0--

Publications and Printing ....................................... ... $ 1,200

Equipment Purchases. .......................................... .... $ 2,325

Computer Charges ............................................. . . . $ 13,238

Real Estate Rentals ............................................ . . $ 86,130

Telecommunications ............................................ . . . $ 11,100

Per Diem, Fees and Contracts ................................... $ 110,000

Total Funds Budgeted .......................................... .$ 1,167,492

Total Expenditures Authorized .................................. . $ 1,167,492

State Funds Budgeted ..........................................

Total Positions Budgeted

21

Section 21. Office of the Governor. A. Budget Unit: Governor's Office .................................. . $ 5,850,981
1. Governor's Office Budget: Cost of Operations ............................................. . $ 2,253,561 Mansion Allowance ............................................. . $ 40,000 Governor's Emergency Fund .................................... $2,862,474 Intern Stipends and Travel ..................................... . . $ 130,000 Total Funds Budgeted .......................................... $ 5,286,035 State Funds Budgeted .......................................... . $ 5,286,035

2. Office of Fair Employment Practices Budget:
Personal Services............................................... . . $ 472,801 Regular Operating Expenses..................................... . . $ 10,115 Travel ........................................................ . . . $ 10,815 Motor Vehicle Equipment Purchases ............................. . . $ --0--
Publications and Printing ....................................... ... $ 2,825 Equipment Purchases. .......................................... Computer Charges ............................................. ... $ --0--
Real Estate Rentals ............................................ . $ 56,900 Telecommunications .......................................... . . $ 11,740 Per Diem, Fees and Contracts ................................... . . $ 59,750 Total Funds Budgeted .......................................... . $ 624,946 State Funds Budgeted .......................................... . $ 564,946

938

JOURNAL OF THE SENATE

Total Positions Budgeted

15

Budget Unit Object Classes:

Cost of Operations ...............................................$ 2,253,561

Mansion Allowance ........................................ ^. .......$ 40,000

Governor's Emergency Fund ......................................$ 2,862,474

Intern Stipends and Travel ........................................$ 130,000

Personal Services. .................................................$ 472,801

Regular Operating Expenses .........................................$ 10,115

Travel ............................................................$ 10,815

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ............................................$ 2,825

Equipment Purchases ................................................$ --0--

Computer Charges ..................................................$ --0--

Real Estate Rentals ................................................$ 56,900

Telecommunications ................................................$ 11,740

Per Diem, Fees and Contracts .......................................$ 59,750

Total Positions Budgeted

15

Authorized Motor Vehicles

0

B. Budget Unit: Office of Planning and Budget ........................$ 3,668,539

Office of Planning and Budget Budget:

Personal Services. ................................................$ 3,105,917

Regular Operating Expenses .........................................$ 93,205

Travel ............................................................$ 68,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 35,360

Equipment Purchases. ...............................................$ 5,000

Computer Charges ................................................ 9 135,500

Real Estate Rentals ...............................................$ 190,840

Telecommunications ................................................$ 55,000

Per Diem, Fees and Contracts ......................................$ 218,500

Total Funds Budgeted ............................................$ 3,907,322

State Funds Budgeted ............................................$ 3,668,539

Total Positions Budgeted

74

Authorized Motor Vehicles

0

C. Budget Unit: Units Attached for

Administrative Purposes Only ....................................$ 4,986,720

Attached Units Budget:

Personal Services. ................................................$ 2,936,006

Regular Operating Expenses ........................................$ 129,660

Travel ............................................................$ 90,834

Motor Vehicle Equipment Purchases ..................................$ 2,500

Publications and Printing ..........................................$ 116,738

Equipment Purchases. ..............................................$ 16,370

Computer Charges .................................................$ 45,846

Real Estate Rentals ...............................................$ 250,035

Telecommunications ...............................................$ 143,585

Per Diem, Fees and Contracts .....................................$ 5,617,448

Art Grants--State Funds .........................................$ 1,809,971

Art Grants--Federal Funds ........................................$ 438,045

Art Grants--Donations .............................................$ 42,000

Total Funds Budgeted ...........................................$ 11,639,038

State Funds Budgeted ..........,.................................$ 4,986,720

Total Positions Budgeted

93

Authorized Motor Vehicles

0

TUESDAY, FEBRUARY 18, 1986

939

Attached Units Functional Budgets

Pos.

Total Funds

Council for the Arts

13 $ 2,772,011

Office of Consumer Affairs

45 $ 1,822,429

State Energy Office

17 $ 6,159,355

Governor's Committee on Post-Secondary Education

3$

152,292

Consumers' Utility Counsel

9$

418,894

Criminal Justice

Coordinating Council

6

Undistributed

0

Total

93

State Funds 2,200,588 1,629,429 271,460
152,292 418,894
314,057 --0--
4,986,720

Section 22. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities ............................................. Grants to Counties ........................................... Grants to Municipalities ...................................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................

. $ 6,800,000 . $ 2,600,000 . $ 4,200,000 $ 6,800,000 . $ 6,800,000

Section 23. Department of Human Resources.

A. Budget Unit: Departmental Operations. ........................ .$ 308,766,537

1. General Administration and Support Budget:

Personal Services............................................. .$ 30,208,228

Regular Operating Expenses................................... $ 1,243,555

Travel ...................................................... . . $ 908,137

Motor Vehicle Equipment Purchases ...........................

Publications and Printing ..................................... . . $ 190,780

Equipment Purchases. ........................................ . $ 204,530

Computer Charges ........................................... . . $ 2,492,978

Real Estate Rentals .......................................... . $ 3,581,614

Telecommunications .......................................... . . $ 621,701

Per Diem, Fees and Contracts ................................. . . $ 9,893,231

Utilities ..................................................... . . $ 180,100

Postage ..................................................... . .. $ 663,580

Capital Outlay ............................................... .... $ 70,000

Menninger Group Homes .....................................

$ 387,000

Benefits for Child Care ....................................... .$ 1,349,160

Contract--Georgia

Advocacy Office, Inc. ....................................... . $ 215,000

Total Funds Budgeted ........................................ $ 52,209,594

Indirect DOAS Services Funding ..............................

$ 638,300

Indirect GBA Funding........................................

Agency Funds ............................................... $ 26,955,849

Social Services Block Grant Funds............................. .$ 1,655,800

State Funds Budgeted ........................................ $ 22,959,645

Total Positions Budgeted

982

Authorized Motor Vehicles

7

General Administration and Support Functional Budgets

Pos.

Total Funds

State Funds

Commissioner's Office Administrative Appeals

14 $ 25 $

698,574 923,207

698,574 923,207

940

JOURNAL OF THE SENATE

Administrative Policy, Coordination, and Direction
Personnel Support Services Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Accounting Services Auditing Services Special Projects Children and Youth Planning Troubled Children Benefits Developmental Disabilities Council on Maternal
and Infant Health Council on Family Planning Community Services Regulatory Services--
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Undistributed Total

5$ 47 $ 59 $ 0$ 11 $ 12 $

244,535 5,451,771 2,594,138
-- 0-- 4,008,002
381,328

$

244,535

$ 5,388,593

$ 2,327,866

$ (5,405,300)

$ 2,868,555

$

381,328

9$ 41 $ 148 $ 47 $ 0$ 4$ 0$ 7$

433,569 $ 1,448,486 $ 4,162,926 $ 1,620,838 $
284,600 $ 184,046 $ 1,736,160 $ 249,049 $

433,569 1,448,486 3,962,926 1,620,838
284,600 184,046 1,736,160
-- 0--

3$ 0$ 9$

110,448 $ 13,500 $ 9,214,493 $

110,448 1,350 -- 0--

19 $

653,272 $

579,296

58 $ 1,771,162 $ 1,754,719

18 $

649,279 $

475,873

63 $ 2,309,531 $

603,582

9$

311,235 $

311,235

21 $

626,164 $

465,999

52 $ 2,640,916 $

245,513

301 $ 9,488,365 $ 1,313,647

0$

--0-- $

-- 0--

982 $ 52,209,594 $ 22,959,645

2. Public Health Budget: Personal Services .................. Regular Operating Expenses ........ Travel ...........................
Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases ............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ...... Utilities .......................... Postage .......................... Crippled Children Clinics ........ Grants for Regional
Intensive Infant Care ............

. . .$ 32,114,570 . . $ 44,782,596 . . . .$ 1,002,068 ......$ 10,000 .....$ 298,575 .....$ 190,398 .....$ 391,200 .....$ 605,449 .... $ 563,863 ... $ 14,192,798 .......$ --0-- ......$ 86,375 .....$ 517,572
. . . . $ 4,002,400

TUESDAY, FEBRUARY 18, 1986

941

Grants for Regional Maternal and Infant Care ........................
Midwifery Program Benefits ....................... Crippled Children Benefits ......................... Kidney Disease Benefits ........................... Cancer Control Benefits ........................... Contract for the Purchase of
Clotting Factor for the Hemophilia Program ....... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants Grant to Grady Hospital for
Cystic Fibrosis Program ......................... Contract with Emory University
for Cancer Research ............................. Contract with Auditory Educational Clinic. .......... Grant-In-Aid to Counties .......................... Contract with Emory University
for Arthritis Research ........................... Contract for Scoliosis Screening .................... Family Planning Benefits .......................... Grants to Counties for Teenage
Pregnancy Prevention ........................... Grant to Counties for Metabolic Disorders
Screening and Treatment ........................ Contract--Macon-Bibb County
Hospital Authority .............................. Total Funds Budgeted ............................. Indirect DOAS Services Funding ................... Agency Funds .................................... State Funds Budgeted ............................. Total Positions Budgeted Authorized Motor Vehicles

Public Health Functional Budgets

Pos.

Total Funds

Director's Office Employee's Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health--Perinatal Family Planning

8$ 8$ 29 $ 62 $ 12 $ 15 $
23 $ 19 $ 10 $ 33 $ 26 $ 22 $ 15 $ 4$ 180 $

665,328 295,547 873,254 1,386,175 559,532 620,148
1,640,611 1,157,819
412,514 1,438,920 1,267,367 7,107,569 6,609,936
224,948 8,225,740

.$ 1,767,000 . . $ 800,000 . $ 4,585,688 . $ 505,000 $ 2,253,000
. $ 250,000
. $ 4,193,000
$ 42,000
.. $ 117,000 ... $ 89,000 $ 43,979,754
. $ 215,000 . $ 115,000 . $ 301,530
$ 257,500
... $ 45,000
$ 4,000,000 162,273,336 . . $ 549,718 $ 73,811,574 $ 87,911,944
1,105 6

State Funds

$

468,103

$

260,547

$

788,254

$ 1,323,892

$

336,714

$

620,148

$ 1,110,611

$

581,043

$

-- 0--

$

369,226

$ 1,145,037

$ 1,928,505

$ 6,480,421

$

--0--

$ 3,311,589

942

JOURNAL OF THE SENATE

Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health Minimum Foundation Newborn Follow Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Teenage Pregnancy Prevention Community Health Management Community Care Undistributed Total

34 $ 48,813,625 $

21 $ 1,414,371 $

84 $ 8,197,829 $

14 $ 1,335,260 $

4$

455,502 $

8 $ 3,105,780 $

9$

903,496 $

118 $ 3,857,118 $

22 $ 2,301,967 $

191 $ 8,237,708 $

22 $

648,279 $

-- 0-- 1,204,196 5,425,214 1,335,260
361,671 3,105,780
364,724 3,722,118 1,241,467 8,108,033
465,329

15 $ 1,063,797 $ 1,063,797

19 $ 5,460,755 $ 5,460,755

0 $ 40,391,279 $ 35,493,324

0$

257,500 $

257,500

8 $ 1,272,658 $

716,112

70 $ 2,071,004 $

862,574

0$

--0-- $

-- 0--

1 ,105 $ 162,273,336 $ 87,911,944

3. Mental Health--Program Direction and Support Budget: Personal Services. ................. Regular Operating Expenses ....... Travel ........................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases .............. Computer Charges ................ Real Estate Rentals .......... Telecommunications ............... Per Diem, Fees and Contracts ..... Utilities .......................... Postage .......................... Contract with Housing Alternatives . Total Funds Budgeted ............. Social Services Block Grant Funds Indirect DOAS Services Funding . . . Agency Funds .................... State Funds Budgeted ............. Total Positions Budgeted

.......$ 4,598,054 .... $ 118,525
.........$ 124,450 ..........$ --0--
.... $ 61,300 ..........$ 8,500 ........$ 1,372,193 ..........$ --0-- ....... . $ 249,000 .........$ 210,150
<g _n_
.............$ 750 ..........$ 70,000 ........$ 6,812,922
.... $ 15,000 .........$ 779,100 .........$ 462,316 ........$ 5,556,506
127

Mental Health--Program Direction and Support Functional Budgets

Pos.

Total Funds

State Funds

Administration Indirect Cost MH/MR Advisory Council Undistributed

126 $ 0$ 1$ 0$

6,770,196 $ --0-- $
42,726 $ --0-- $

5,809,320 (295,540)
42,726 -- 0--

TUESDAY, FEBRUARY 18, 1986

943

Total

127 $ 6,812,922 $ 5,556,506

4. Youth Services--Program

Direction and Support:

Personal Services.................................................$ 1,411,545

Regular Operating Expenses .........................................$ 31,682

Travel ............................................................$ 30,650

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ............................................$ 6,200

Equipment Purchases ................................................$ 4,190

Computer Charges .................................................$ 75,000

Real Estate Rentals .................................................$ --0--

Telecommunications ................................................$ 37,860

Per Diem, Fees and Contracts ........................................$ 3,500

Utilities ............................................................$ --0--

Postage ............................................................$ --0--

Benefits for Child Care .........................................,....$ --0--

Total Funds Budgeted ............................................$ 1,600,627

Indirect DOAS Services Funding .....................................$ --0--

Agency Funds ......................................................$ --0--

State Funds Budgeted ............................................$ 1,600,627

Total Positions Budgeted

40

Authorized Motor Vehicles

--0--

5. Services to the Aged Budget:

Personal Services .................................................$ 1,973,651

Regular Operating Expenses .........................................$ 46,980

Travel ............................................................$ 56,300

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 27,000

Equipment Purchases. ...............................................$ 2,860

Computer Charges ................................................$ 210,000

Real Estate Rentals .................................................$ 3,600

Telecommunications ................................................$ 52,641

Per Diem, Fees and Contracts ....................................$ 23,239,428

Utilities ................................................. ^. .........$ --0--

Payments to DMA ...............................................$ 4,782,801

Postage ..............................................................$ 920

Total Funds Budgeted ...........................................$ 30,396,181

Social Services Block Grant Funds .................................$ 2,998,100

Agency Funds ..................................................$ 18,319,711

State Funds Budgeted ............................................$ 9,078,370

Total Positions Budgeted

64

Authorized Motor Vehicles

224

Services to the Aged Functional Budgets

Pos.

Total Funds

State Funds

Administration and Planning

64 $ 2,837,737 $ 1,563,817

Aging Services

0 $ 22,775,643 $ 2,731,752

Alternative Health Services

0 $ 4,782,801 $ 4,782,801

Undistributed

0$

--0-- $

--0--

Total

64 $ 30,396,181 $ 9,078,370

6. Rehabilitation Services Budget: Personal Services............... Regular Operating Expenses.....

$ 24,145,180 . .$ 1,179,992

944

JOURNAL OF THE SENATE

Travel ............................. Motor Vehicle Equipment Purchases . Publications and Printing ............ Equipment Purchases. ............... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Utilities ............................ Capital Outlay ...................... Postage ............................ Institutional Repairs and Maintenance Grants for Nephrology Centers .... Contract with Vocational
Rehabilitation Community Facilities Contract for Epilepsy ................ Case Services ....................... E.S.R.P. Case Services ............... Contract with the Affirmative
Industries ....................... Contract with RCW Industries, Inc. . . Total Funds Budgeted .............. Indirect DOAS Services Funding .... Agency Funds ..................... State Funds Budgeted .............. Total Positions Budgeted Authorized Motor Vehicles

Rehabilitation Services Functional Budgets

P OS.

Total Funds

Program Direction and Support

50 $ 2,901,225

Grants Management

2$

561,381

Atlanta Rehabilitation Center

71 $ 2,318,039

Rehabilitation Center for the Deaf--Cave Spring

17 $

578,308

Central Rehabilitation Center

18 $

600,717

Georgia Vocational Adjustment Center--Gracewood

17 $

416,752

Ireland Rehabilitation Center

13 $

380,128

Rome Rehabilitation Center

6$

330,612

J.F. Kennedy Center

15 $

407,750

Production Workshop District Field Services

1 $ 1,055,031 E.77 $ 30,489,380

Independent Living

7$

297,592

Sheltered Employment

15 $ 1,153,955

Community Facilities

0 $ 4,091,500

Bobby Dodd Workshop Undistributed

0$ 0$

337,500 --0--

Total

{!09 $ 45,919,870

.......$ 615,090 ........$ 65,736 ... $ 85,310 .......$ 414,153 .......$ 926,350 ......$ 1,006,495 .......$ 595,189 ... $ 1,431,675 ....... $ 303,250 .... $ 175,000 .... $ 92,050 .......$ 349,900 .......$ 245,000
... $ 4,429,000 ........$ 67,000 ......$ 9,487,500 ........$ 50,000
.......$ 110,000 . . $ 146,000
.....$ 45,919,870 .... $ 50,000 . . . .$ 32,039,665 .....$ 13,830,205
809 24

State Funds

$ 1,237,014

$

464,377

$

467,033

$

116,289

$

120,143

$

83,350

$

76,590

$

66,420

$

81,310

$

-- 0--

$ 6,038,867

$

147,592

$

502,220

$ 4,091,500

$

337,500

$

-- 0--

$ 13,830,205

TUESDAY, FEBRUARY 18, 1986

945

7. Roosevelt Warm Springs

Rehabilitation Institute:

Personal Services................................................$ 10,501,964

Regular Operating Expenses.................................... . . . $ 1,724,090

Travel ........... ^. ...................................... ^. .......$ 58,000

Motor Vehicle Equipment Purchases .................................$ 13,500

Publications and Printing ...........................................$ 15,000

Equipment Purchases. ..............................................$ 96,653

Computer Charges ................................................$ 178,940

Real Estate Rentals ...........,....................................$ 10,800

Telecommunications ...............................................$ 163,885

Per Diem, Fees and Contracts .....................................$ 1,453,000

Utilities ..........................................................$ 550,000

Postage .................................. .......... ...............$ 15,500

Case Services ......................................................$ 25,000

Capital Outlay ......................................................$ --0--

Institutional Repairs and Maintenance .............................. $ 152,000

Total Funds Budgeted ...........................................$ 14,958,332

Indirect DOAS Services Funding ....................................$ 50,000

Agency Funds ..................................................$ 11,092,503

State Funds Budgeted ............................................$ 3,815,829

Total Positions Budgeted

434

Authorized Motor Vehicles

24

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Pos.

Total Funds

State Funds

Administration

145 $ 5,783,970 $ 2,750,536

Rehabilitation Services

289 $ 9,174,362 $ 1,065,293

Undistributed

0$

--0-- $

--0--

Total

434 $ 14,958,332 $ 3,815,829

8. Georgia Factory for the Blind Budget:

Personal Services. ................................................$ 4,122,884

Regular Operating Expenses .......................................$ 7,710,870

Travel ............................................................$ 16,500

Motor Vehicle Equipment Purchases .................................$ 82,000

Publications and Printing ............................................$ 8,500

Equipment Purchases. .............................................$ 318,500

Computer Charges .................................................$ 66,900

Real Estate Rentals ................................................$ 61,500

Telecommunications ................................................$ 28,353

Per Diem, Fees and Contracts .......................................$ 44,200

Utilities ..........................................................$ 125,000

Postage ............................................................$ 6,000

Capital Outlay ......................................................$ --0--

Total Funds Budgeted ...........................................$ 12,591,207

Agency Funds ..................................................$ 12,091,247

State Funds Budgeted .............................................$ 499,960

Total Positions Budgeted

30

Authorized Motor Vehicles

14

Georgia Factory for the Blind Functional Budgets

Pos.

Total Funds

State Funds

Operations

12 $ 12,090,518 $

--0--

Supervision

18 $

500,689 $

499,960

946

JOURNAL OF THE SENATE

Undistributed Total

0$

--0-- $

30 $ 12,591,207 $

--0-- 499,960

9. Rehabilitation Services--

Disability Adjudication Budget:

Personal Services................................................$ 11,318,806

Regular Operating Expenses ........................................$ 362,878

Travel ............................................................$ 78,098

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 43,991

Equipment Purchases. ..............................................$ 21,810

Computer Charges ................................................$ 419,605

Real Estate Rentals ...............................................$ 660,927

Telecommunications ...............................................$ 470,559

Per Diem, Fees and Contracts .....................................$ 1,035,076

Utilities ............................................................$ --0--

Postage ..........................................................$ 325,000

Case Services ...................................................$ 10,998,200

Total Funds Budgeted ...........................................$ 25,734,950

Agency Funds ..................................................$ 25,734,950

State Funds Budgeted ...............................................$ --0--

Total Positions Budgeted

425

10. Family and Children Services Budget:

Personal Services ..........................................,.....$ 11,156,152

Regular Operating Expenses ......................................$ 15,926,964

Travel ...........................................................$ 462,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ..........................................$ 786,130

Equipment Purchases ...............................................$ 12,160

Computer Charges ..............................................$ 10,724,605

Real Estate Rentals ...............................................$ 202,350

Per Diem, Fees and Contracts ....................................$ 31,546,163

Telecommunications ...............................................$ 874,200

Utilities ............................................................a 8,200

Postage ..........................................................$ 942,385

AFDC Benefits. ................................................$ 213,211,869

Grants to County DFACS--Operations ...........................$ 134,711,282

WIN Benefits.....................................................$ 479,964

Benefits for Child Care ..........................................$ 18,435,108

SSI--Supplement Benefits ...........................................$ 1,500

Total Funds Budgeted ..........................................$ 439,481,032

Agency Funds .................................................$ 239,388,934

Indirect DOAS Services Funding ..................................$ 2,339,882

Social Services

Block Grant Funds............................................$ 34,238,765

State Funds Budgeted ..........................................$ 163,513,451

Total Positions Budgeted

359

Authorized Motor Vehicles

112

Family and Children Services Functional Budgets

Pos.

Total Funds

State Funds

Refugee Benefits

0$

979,000 $

--0--

AFDC Payments

0 $ 213,211,869 $ 71,640,841

SSI--Supplement Benefits

0$

1,500 $

1,500

Energy Benefits

0 $ 15,201,469 $

--0--

TUESDAY, FEBRUARY 18, 1986

947

County DFACS Operations-

Social Services

0

County DFACS Operations-

Eligibility

0

County DFACS Operations-

Joint and Administration

0

Food Stamp Issuance

0

Grants to Fulton County

for 24-hour Emergency Services

0

Director's Office

6

Administration and Management

118

District Administration

84

Program Planning,

Development, and Training

75

Management Information Systems

50

Child Development Administration

26

Indirect Cost

0

Work Incentive Benefits

0

Legal Services

0

Family Foster Care

0

Institutional Foster Care

0

Specialized Foster Care

0

Adoption Supplement

0

Liability Insurance

0

Day Care

0

Psychiatric, Psychological and

Speech Therapy

0

Maternity Care

0

Return of Runaways--County

0

Home Management--Contracts

0

Outreach--Contracts

0

Special Projects

0

Undistributed

0

Total

359

Budget Unit Object Classes: Personal Services .................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Equipment Purchases Publications and Printing .......... Equipment Purchases. ............. Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ...... Utilities .......................... Postage ..........................

$ 42,672,465

$ 56,311,796

$ 35,501,980 $ 2,312,000

$

225,041

$

506,701

$ 4,788,542

$ 3,214,766

$ 7,094,149

$ 12,853,156

$ 1,008,623

$

--0--

$ 4,399,242

$

658,000

$ 14,618,592

$ 2,070,886

$

324,725

$ 1,080,030

$

28,600

$ 19,342,100

$

130,000

$

50,000

$

7,000

$

166,000

$

684,300

$

38,500

$

--0--

$ 439,481,032

$ 19,893,916

$ 28,020,411

$ 17,171,483

$

-- 0--

$

225,041

$

506,701

$ 3,459,665

$ 3,214,766

$ 3,678,989

$ 5,181,635

$ 1,008,623

$ (7,204,467)

$

439,924

$

433,000

$ 9,109,491

$ 1,397,295

$

95,432

$ 1,047,705

$

28,600

$ 3,719,948

$

128,500

$

50,000

$

7,000

$

37,816

$

181,136

$

38,500

$

-- 0--

$ 163,513,451

.....$ 131,551,034 $ 73,128,132
......$ 3,351,293 ........$ 171,236
..$ 1,522,786 .$ 1,273,754 ......$ 16,857,771 .... $ 6,132,735 ......$ 3,657,251 $ 83,049,221 .......$ 1,166,550 .......$ 2,132,560

948

JOURNAL OF THE SENATE

Capital Outlay ....................................................$ 245,000

Grants for Regional

Intensive Infant Care ...........................................$ 4,002,400

Grants for Regional

Maternal and Infant Care ...................... ^. ......--......$ 1,767,000

Crippled Children Benefits ........................................$ 4,585,688

Crippled Children Clinics ..........................................$ 517,572

Kidney Disease Benefits ...........................................$ 505,000

Cancer Control Benefits ..........................................$ 2,253,000

Benefits for Medically Indigent

High-Risk Pregnant Women and Their Infants ....................$ 4,193,000

Family Planning Benefits ..........................................$ 301,530

Benefits for Midwifery Program ....................................$ 800,000

Grant-In-Aid to Counties ........................................$ 43,979,754

Work Incentive Benefits ...........................................$ 479,964

Benefits for Child Care ....... . . ............... . . .... . . ..........$ 19,784,268

Grants for Nephrology Centers .....................................$ 245,000

Case Services ............. ................ . . ................... . $ 20,510,700

E.S.R.P. Case Services ...... ................................. . . .....$ 50,000

SSI--Supplement Benefits ...........................................$ 1,500

AFDC Benefits. ................................................$ 213,211,869

Grants to County DFACS--Operations ...........................$ 134,711,282

Contract with Vocational

Rehabilitation Community Facilities .............................$ 4,429,000

Contract for the Purchase of

Clotting Factor for the Hemophilia Program .......................$ 250,000

Contract with the Affirmative Industries. ............................ $ 110,000

Institutional Repairs and Maintenance ..............................$ 501,900

Contract with Emory University

for Arthritis Research ...........................................$ 215,000

Grant for Epilepsy Program .........................................$ 67,000

Grant to Grady Hospital for

Cystic Fibrosis Program ..........................................$ 42,000

Contract for Scoliosis Screening ....................................$ 115,000

Menninger Group Homes ..........................................$ 387,000

Contract--Georgia

Advocacy Office, Inc. ............................................$ 215,000

Grant for Teenage Pregnancy

Prevention Program .............................................$ 257,500

Contract--Cancer Research at Emory ..........$ 117,000

Contract--Macon-Bibb County

Hospital Authority .............................................$ 4,000,000

Contract with RCW Industries, Inc. .................................$ 146,000

Grants to Counties for

Metabolic Disorders Screening and Testing ......................... $ 45,000

Payments to DMA ...............................................$ 4,782,801

Contract with Housing Alternatives ..................................$ 70,000

Contract with Auditory

Educational Clinic ................................................$ 89,000

Total Positions Budgeted

4,375

B. Budget Unit: State Health Planning and Development ................................................$ 667,606
State Health Planning and Development Budget: Personal Services ..................................................$ 761,356 Regular Operating Expenses .........................................$ 46,200 Travel .............................................................$ 5,500

TUESDAY, FEBRUARY 18, 1986

949

Publications and Printing ............................................$ 2,500

Equipment Purchases ................................................$ 3,406

Computer Charges .................................................$ 44,000

Real Estate Rentals ......................... . . . ....................$ 86,851

Telecommunications ................................................$ 26,500

Per Diem, Fees and Contracts ................................. .^ . .^ $ 102,764

Postage ..................... ......................................$ 7,600

Total Funds Budgeted ............................................$ 1,086,677

Indirect DOAS Services Funding .....................................$ --0--

Agency Funds ....................................................$ 419,071

State Funds Budgeted .............................................$ 667,606

Total Positions Budgeted

21

Authorized Motor Vehicles

0

C. Budget Unit: Community Mental Health/

Mental Retardation Youth

Services and Institutions .......................................$ 347,132,642

Departmental Operations:

Personal Services ..............................................$ 275,313,870

Regular Operating Expenses ......................................$ 29,032,375

Travel ...........................................................$ 612,167

Motor Vehicle Equipment Purchases ....

$ 641,255

Publications and Printing ...........................................$ 69,907

Equipment Purchases. ............................................$ 3,121,225

Computer Charges ...............................................$ 2,559,352

Real Estate Rentals ...............................................$ 510,260

Telecommunications ..............................................$ 2,413,066

Per Diem, Fees and Contracts ....................................$ 10,748,622

Utilities ........................................................$ 15,756,500

Postage ..........................................................$ 232,860

Capital Outlay ...................................................$ 2,707,578

Authority Lease Rentals ..........................................$ 2,679,000

Institutional Repairs and Maintenance .............................$ 3,042,699

Grants to County-Owned Detention Centers ........................$ 2,318,115

Reserve for Thomasville RYDC .......................................$ 2,367

Reserve for Claxton RYDC ...........................................$ 2,368

Drug Abuse Contracts ............................................$ 1,015,960

Day Care Centers for the

Mentally Retarded ............................................$ 58,237,826

MR Day Care Center Motor

Vehicle Purchases ..............................................$ 2,839,376

Supportive Living Staff ...........................................$ 1,556,506

Supportive Living Benefits ........................................$ 7,347,923

Georgia State Foster

Grandparent/Senior Companion Program .... $ 562,960

Community Mental Health

Center Services ...............................................$ 69,214,726

Project Rescue ....................................................$ 325,390

Project ARC ......................................................$ 243,600

Project Friendship ................................................$ 266,700

Group Homes for Autistic Children .................................$ 232,123

Contract with Clayton County

Board of Education for Autistic Children ...........................$ 68,000

Uniform Alcoholism Projects ......................................$ 2,245,899

Child Care Benefits ................................................$ 16,000

Community Mental Retardation Staff ..............................$ 3,646,719

950

JOURNAL OF THE SENATE

Community Mental Retardation

Residential Services ...................................... .....$ 13,657,537

Lumpkin Area Individual Living, Inc. ........................ ........$ 32,346

Total Funds Budgeted ...................................... . ...$ 513,273,177

Agency Funds ............................................. $ 136,793,606

Indirect DOAS Services Funding ............................ ......$ 1,625,000

Social Services Block Grant Funds ........................... .....$ 27,721,929

State Funds Budgeted ...................................... . . . .$ 347,132,642

Total Positions Budgeted

12,7567

12,740

Authorized Motor Vehicles

1,555

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Pos.

Total Funds

State Funds

Southwestern State Hospital

1,099 $ 28,589,929 $ 18,211,647

Georgia Retardation Center

900 $ 25,208,501 $ 14,417,084

Georgia Mental Health Institute

539 $ 18,146,223 $ 16,301,539

Georgia Regional Hospital at Augusta

504 $ 13,329,645 $ 11,999,533

Northwest Regional Hospital at Rome

709 $ 20,671,209 $ 15,768,544

Georgia Regional Hospital at Atlanta

660 $ 17,584,062 $ 14,378,217

Central State Hospital

3,828 $ 102,311,727 $ 71,766,593

Georgia Regional Hospital at Savannah

510 $ 13,777,889 $ 12,090,815

Gracewood State School and Hospital

1,5317 1,515 $ 39,601,154 $ 23,847,863

West Central Georgia Regional Hospital 430 $ 12,021,355 $ 10,206,104

Regional Youth Development Centers

489 $ 13,527,678 $ 13,240,393

State Youth Development Centers

743 $ 19,480,371 $ 18,926,419

Court Services Community Treatment Centers

269 $ 73 $

7,583,177 $ 2,044,578 $

7,583,177 2,044,578

Day Centers Group Homes

24 $ 19 $

731,283 $ 575,616 $

731,283 575,616

Runaway Investigations

15 $

503,956 $

503,956

Interstate Compact

3$

89,437 $

89,437

Purchased Services Assessment and Classification

16 $ 10 $

2,431,374 $ 313,172 $

2,379,874 313,172

Outdoor Therapeutic Program

50 $ 2,234,120 $ 2,001,295

Mental Health Community Assistance

221 $ 6,857,823 $ 6,800,923

Mental Retardation Community Assistance

62 $ 2,292,756 $ 2,030,256

Central Pharmacy

3$

133,072 $

133,072

Day Care Centers for the Mentally Retarded
Supportive Living

0 $ 61,077,202 $ 27,682,534 0 $ 8,904,429 $ 4,921,150

TUESDAY, FEBRUARY 18, 1986

951

Georgia State Foster Grandparent/Senior Companion Program
Project Rescue
Drug Abuse Contracts
Community Mental Health Center Services
Uniform Alcoholism Projects
Project ARC
Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship
Central Laboratory
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Lumpkin Area Individual Living, Inc.
Contract with Clayton County Board of Education for Autistic Children
Undistributed
Total

0

562,960 $

562,960

0

325,390 $

162,390

0

1,015,960 $ 1,015,960

0 $ 69,214,726 $ 31,431,409

0 $ 2,245,899 $ 1,583,492

0$

243,600 $

243,600

43 $ 1,459,200 $

761,110

0

232,123 $

232,123

0

266,700 $

266,700

6

280,279 $

--0--

0

3,646,719 $ 2,627,458

0

13,657,537 $ 9,200,020

0

32,346 $

32,346

0
0 12.756/ 12,740

$

68,000

$

-0-

$ 513,279,177

$

68,000

$

--0--

$ 347,132,642

Section 24. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade ..................$ 13,262,996
State Operations Budget: Personal Services .................................................$ 5,187,474 Regular Operating Expenses ........................................ 9 714,286 Travel ...........................................................$ 314,100 Motor Vehicle Equipment Purchases .................................$ 12,720 Publications and Printing ..........................................$ 284,650 Equipment Purchases. ..............................................$ 27,100 Computer Charges ................................................$ 161,260 Real Estate Rentals ...............................................$ 436,415 Telecommunications ...............................................$ 161,041 Per Diem, Fees and Contracts ......................................$ 204,150 Postage ..........................................................$ 180,800 Local Welcome Center Contracts ...................................$ 165,000 Advertising ......................................................$ 2,945,000 Cooperative Advertising ............................................$ 425,000 Georgia Ports Authority-- Authority Lease Rentals ........................................$ 2,735,000 Georgia Ports Authority-- General Obligation Bond Payments ............................. .9 5,413,213 Historic Chattahoochee Commission Contract .........................$ 60,000
Atlanta Council for International Visitors .............................................$ 25,000
Waterway Development in Georgia ...................................$ 50,000

952

JOURNAL OF THE SENATE

Georgia Music Week Promotion .....................................$ 30,000

Georgia World Congress Center

Operating Expenses ...............................................$ --0--

Contract--Georgia Association

of Broadcasters ..................................................$ 51,500

Southern Center for International Studies ............................$ 25,000

Contract--Lanier Regional Committee ...............................$ 12,500

Total Funds Budgeted ...........................................$ 19,621,209

State Funds Budgeted ...........................................$ 13,262,996

Total Positions Budgeted

195

Authorized Motor Vehicles

21

Department of Industry and Trade Functional Budgets

Industry Research Tourism Promotional Tourist Welcome Centers Internal Administration International Advertising Undistributed Total

Pos.

Total Funds

State Funds

18 $

812,088 $

812,088

14 $

597,579 $

597,579

27 $ 2,144,020 $ 2,144,020

94 $ 2,427,934 $ 2,282,934

25 $ 9,483,404 $ 3,270,191

17 $ 1,211,184 $ 1,211,184

0 $ 2,945,000 $ 2,945,000

0$

_o_ $

-- 0--

195 $ 19,621,209 $ 13,262,996

............................$ --0--

Administration Budget:

........................$ 30,537,506

........................$ 12,869,089

Travel ................................. ..........................$ 524,088

Motor Vehicle Equipment Purchases ......

..........................$ 154,919

...........................$ 50,000

..........................$ 532,856

Real Estate Rentals ..................... ..........................$ 109,343

..........................$ 414,856

Per Diem, Fees and Contracts ........... .........................$ 1,667,740

G.O. Bonds and Lease Rentals--G.P.A. .........................$ 7,233,576

Other Debt Service Payments--G.P.A. ..........................$ 820,000

Capital Outlay--Internal

.........................$ 4,373,713

Atlanta Convention and

Visitors Bureau--G.W.C.C. ............ ............................ $-0-

Total Funds Budgeted ................... ........... .............$59,287,686

State Funds Budgeted ...................

Total Positions Budgeted

995

Authorized Motor Vehicles

37

Authorities Functional Budgets

Georgia World Congress Center Georgia Ports Authority Undistributed Total

Pos.

Total Funds

State Funds

215 $ 10,416,126 $

780 $ 48,871,560 $

0$

--0-- $

995 $ 59,287,686 $

TUESDAY, FEBRUARY 18, 1986

953

Section 25. Department of Insurance. Budget Unit: Office of Insurance Commissioner .............
Operations Budget: Personal Services....................................... Regular Operating Expenses............................. Travel ................................................ Motor Vehicle Equipment Purchases ..................... Publications and Printing ............................... Equipment Purchases. .................................. Computer Charges ..................................... Real Estate Rentals .................................... Telecommunications .................................... Per Diem, Fees and Contracts ........................... Total Funds Budgeted .................................. State Funds Budgeted .................................. Total Positions Budgeted Authorized Motor Vehicles

Department of Insurance Functional Budgets

Pos.

Total Funds

Internal Administration

22 $ 1,265,157

Insurance Regulation

56 $ 1,968,545

Industrial Loans Regulation

13 $

516,234

Information and Enforcement

45 $ 1,431,518

Fire Safety and Mobile Home Regulations

118 $ 3,686,865

Undistributed

0$

_0_

Total

254 $ 8,868,319

Section 26. Department of Labor. Budget Unit: Department of Labor ........ State Operations: Personal Services........................ Regular Operating Expenses. ............. Travel ................................. Motor Vehicle Equipment Purchases ..... Publications and Printing ................ Equipment Purchases. ................... Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts ............ Capital Outlay .......................... W.I.N. Grants .......................... Payments to State of Georgia General Obligation Debt Sinking Fund . . Total Funds Budgeted ................. State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

.$ 7,835,118
$ 7,102,903 . $ 366,491
$ 189,900 . . . $ 68,400
$ 158,716 $ 129,983 $ 230,339 $ 469,325 $ 121,012 . . $ 31,250 $ 8,868,319 $ 7,835,118
254 57

State Funds

$ 1,265,157

$ 1,862,551

$

516,234

$ 1,431,518

$ 2,759,658

$

--0--

$ 7,835,118

. .$ 5,527,676
$ 56,977,529 $ 2,551,300 .$ 1,356,395 . . . $ 22,500
$ 101,766 . . $ 316,002 . $ 4,088,618 . $ 2,194,591 $ 1,120,525 $ 56,387,955 .$ 1,744,151 . . $ 600,000 . . $ 260,000
$ 400,000 128,121,332 $ 5,527,676
1,971 16

954

JOURNAL OF THE SENATE

Department of Labor Functional Budgets

Pos.

Total Funds

Executive Offices

102

5,271,139

Administrative Services

248

12,501,777

Unemployment Insurance

208

7,571,424

Employment Services

98

4,020,099

Field Services

1,285

45,461,080

Job Training Partnership

30

53,295,813

Undistributed

0$

--0--

Total

1,971 $ 128,121,332

State Funds

1,279,849

760,803

4,041

317,347

3,165,636

$

--0--

$

$ 5,527,676

Section 27. Department of Law.

Budget Unit: Department of Law. ...................................$ 5,992,548

Attorney General's Office Budget:

Personal Services .................................................$ 5,311,702

Regular Operating Expenses........................... . . ...........$ 317,912

Travel ...........................................................$ 120,950

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 44,491

Equipment Purchases ...............................................$ 12,191

Computer Charges ............................................ . . . . . $ 60,000

Real Estate Rentals ...............................................$ 314,607

Telecommunications ................................................$ 91,982

Per Diem, Fees and Contracts .......................................$ 45,000

Books for State Library.............................................$ 96,000

Capital Outlay ......................................................$ --0--

Total Funds Budgeted ............................................$ 6,414,835

State Funds Budgeted ............................................$ 5,992,548

Total Positions Budgeted

122

Authorized Motor Vehicles

1

Section 28. Department of Medical Assistance.

Budget Unit: Medicaid Services ...................................$ 271,628,916

Departmental Operations Budget:

Personal Services.................................................$ 7,223,092

Regular Operating Expenses ........................................$ 410,600

Travel ...........................................................$ 148,790

Motor Vehicle Equipment Purchases ..................................$ 6,500

Publications and Printing ...........................................$ 97,400

Equipment Purchases. ..............................................$ 99,380

Computer Charges ..........................................$ 6,102,356

Real Estate Rentals ...............................................$ 771,620

Telecommunications ................................................$ 343,038

Per Diem, Fees and Contracts ....................................$ 10,177,000

Postage ..........................................................$ 150,000

Medicaid Benefits ..............................................$ 859,500,843

Payments to Counties for

Mental Health ................................................$ 10,619,200

Audits Contracts .................................................$ 1,284,991

Total Funds Budgeted ..........................................$ 896,934,810

State Funds Budgeted ..........................................$ 271,628,916

Total Positions Budgeted

274

Authorized Motor Vehicles

3

TUESDAY, FEBRUARY 18, 1986

955

Commissioner's Office Program Management Administration Operations Program Integrity Benefits Undistributed Total

Medical Assistance Functional Budgets

Pos.

Total Funds

10

644,885

86

12,615,652

37

2,765,345

53

7,890,371

88

2,898,514

0

870,120,043

0

--0--

274

896,934,810

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments ............................. Departmental Operations Budget: Personal Services................................... Regular Operating Expenses......................... Travel ............................................ Motor Vehicle Equipment Purchases ................. Publications and Printing ........................... Equipment Purchases. .............................. Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... Postage ........................................... Health Insurance Payments ......................... Total Funds Budgeted .............................. Agency Assessments ................................ Employee and Employer Contributions ............... Deferred Compensation ............................. Total Positions Budgeted Authorized Motor Vehicles

Merit System Functional Budgets

Pos.

Total Funds

Applicant Services Classification and Compensation Program Evaluation and Audit Employee Training and Development

39 $ 19 $ 13 $ 23 $

1,790,595 794,013 633,285 952,253

Health Insurance Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total

36 $ 6,991,705

0 $ 249,412,619

37 $ 1,174,372

8 $ 1,168,017

0$

--0--

175 $ 262,916,859

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources
Operations Budget: Personal Services. ............................

State Funds

$

322,443

$ 1,905,223

$ 1,570,725

$ 2,130,835

$ 1,256,103

$ 264,443,587

$ 271,628,916

.....$ 6,247,667
.....$ 4,807,511 ......$ 107,327 ....... $ 63,545
........$ --0--
.... $ 189,289 .... $ 23,810 .... $ 1,553,842 ......$ 685,737 ......$ 101,565 . . . . $ 25,238,224 ......$ 143,360 . . . $ 230,002,649 . . . $ 262,916,859 .... $ 6,247,667
.$256,637,408 .......$ 31,784
175 0

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

. . $ 59,394,155 $ 40,810,421

956

JOURNAL OF THE SENATE

Regular Operating Expenses.................

Travel ....................................

Motor Vehicle Equipment Purchases

Publications and Printing

Equipment Purchases

Computer Charges

Real Estate Rentals ........................

Telecommunications

Per Diem, Fees and Contracts

Postage ...................................

Land and Water Conservation Grants ........

Recreation Grants ..........................

Contract with U.S. Geological

Survey for Ground Water Resources Survey

Contract with U.S. Geological

Survey for Topographic Maps .............

Capital Outlay--Repairs and Maintenance

Capital Outlay--Shop Stock--Parks

...

Capital Outlay--Heritage Trust .............

Authority Lease Rentals ....................

Cost of Material for Resale .................

Payments to Lake Lanier Islands

Development Authority ...................

Contract--Special Olympics, Inc. ............

Georgia Sports Hall of Fame ................

Capital Outlay--Heritage

Trust--Wildlife Management

Area Land Acquisition ....................

Capital Outlay--User Fee

Enhancements--Parks ....................

Capital Outlay--Buoy Maintenance ...

Capital Outlay--Consolidated

Maintenance--Game and Fish .............

Technical Assistance Contract ...............

Capital Outlay .............................

Contract--Georgia Rural Water Association

Grant--The Hay House.....................

Contract--Corps of Engineers

(Cold Water Creek St. Park) ..............

Contract--Corps of Engineers

(Tybee Island) ...........................

Advertising and Promotion..................

Payment to Georgia

Agricultural Exposition Authority

...

Historic Preservation Grant .................

Payment to Jekyll

Island State Park--Capital Outlay .........

Payment to Stone Mountain

Memorial Association--Capital Outlay

Environmental Facilities Grants .............

Non-Game Wildlife Habitat Fund ...........

Georgia Boxing Commission ...

Total Funds Budgeted ......................

Receipts from Jekyll Island

State Park Authority .....................

Receipts from Stone Mountain

Memorial Association .....................

> 8,055,370 $ 455,990 > 1,108,243 $ 489,743 > 2,071,345 $ 414,301 > 1,179,033 $ 794,115 5 1,157,645 $ 345,085 6 2,500,000 $ 965,000
$ 275,000
$ 125,000 5 1,021,993
$ 300,000 . $ 75,000 P 1,238,000 P 1,042,500
$ 603,821 $ 206,000 . . $ 50,000
$ 430,912
$ 963,000 . $ 20,000
$ 337,220 $ 125,000 > 1,643,000 . $ 10,000 $ 50,000
$ 130,000
. . $ -0-- $ 100,000
$ 500,000 . $ 40,000
$ 212,000
$ 8,000,000 $ 25,000
. . . $ 4,150 77,873,887
. . $ 53,750
$ 315,000

TUESDAY, FEBRUARY 18, 1986

957

Indirect DOAS Funding ................. State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles

.......$ 200,000 .....$ 59,394,155
1,285 1,032

Department of Natural Resources Functional Budgets

Pos.

Total Funds

State Funds

Internal Administration

81 $ 5,386,751 $ 5,018,001

Game and Fish

479 $ 22,732,622 $ 19,456,342

Parks, Recreation and Historic Sites

383 $ 26,041,879 $ 14,721,177

Environmental Protection

316 $ 22,479,743 $ 19,030,743

Coastal Resources

26 $ 1,232,892 $ 1,167,892

Undistributed

0$

--0-- $

-- 0--

Total

1,285 $ 77,873,887 $ 59,394,155

B. Budget Unit: Authorities ................ Operations Budget: Personal Services ....................... Regular Operating Expenses .............. Travel ................................. Motor Vehicle Equipment Purchases ... Publications and Printing ................ Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Capital Outlay .......................... Promotion Expense ..................... Campground Sinking Fund ............... Payments to the Department of Natural Resources .................. Mortgage Payments .................... Total Funds Budgeted ................... State Funds Budgeted ................... Total Positions Budgeted Authorized Motor Vehicles
Authorities Functional Budgets

........$ --0--
..... $ 5,450,821 ......$ 3,096,500 ........$ 60,300 ........$ 51,000 .... $ 109,000
. . . $ 115,000 .... $ 18,000 .........$ 8,000 .......$ 107,200 .......$ 455,000 .......$ 100,000 .........$ --0-- ........$ --0--
........$ 53,750 _0_
......$ 9,624,571
468 100

Lake Lanier Islands Development Authority
Jekyll Island State Park Authority
Georgia Agricultural Exposition Authority
Stone Mountain Memorial Association
Total

Pos.

Total Funds

64 $ 3,255,821

157 $ 5,868,750

2$

500,000

245 $ 468 $

--0-- 9,624,571

State Funds

I

--0--

I

--0--

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety

. $ 57,961,984

958

JOURNAL OF THE SENATE

Operations Budget:

Personal Services ................................................$ 43,042,404

Regular Operating Expenses .......................................$ 6,001,869

Travel ...........................................................$ 120,356

Motor Vehicle Equipment Purchases ...............................$ 3,712,900

Publications and Printing ..........................................$ 535,422

Equipment Purchases .............................................$ 518,397

Computer Charges ...............................................$ 2,746,029

Real Estate Rentals .................................................$ 8,508

Telecommunications ...............................................$ 702,109

Per Diem, Fees and Contracts ......................................$ 163,125

Postage ............................ . .............................$ 716,039

Conviction Reports ................................................$ 218,016

State Patrol Posts

Repairs and Maintenance ........................................$ 150,000

Driver License Processing ..........................................$ 929,977

Capital Outlay .....................................................$ 80,000

Total Funds Budgeted ...........................................$ 59,645,151

Indirect DOAS Service Funding ............................ . . ... . . $ 1,650,000

State Funds Budgeted ...........................................$ 57,961,984

Total Positions Budgeted

1,492

Authorized Motor Vehicles

1,109

Public Safety Functional Budgets

Pos.

Total Funds

State Funds

Administration

170 $ 6,776,607 $ 6,776,607

Driver Services

342 $ 12,731,037 $ 11,197,870

Field Operations

980 $ 40,137,507 $ 39,987,507

Undistributed

0$

--0-- $

--0--

Total

1,492 $ 59,645,151 $ 57,961,984

B. Budget Unit: Units Attached for Administrative

Purposes Only ...................................................$ 6,857,096

Attached Units Budget:

Personal Services. ................................................$ 3,147,172

Regular Operating Expenses ........................................$ 694,989

Travel ...........................................................$ 119,750

Motor Vehicle Equipment Purchases ................................$ 131,400

Publications and Printing ...........................................$ 45,450

Equipment Purchases. .............................................$ 139,350

Computer Charges ................................................$ 202,820

Real Estate Rentals ...............................................$ 126,564

Telecommunications ................................................$ 96,099

Per Diem, Fees and Contracts ......................................$ 527,337

Postage ...........................................................$ 28,750

Peace Officers Training Grants ....................................$ 1,963,680

Highway Safety Grants ...........................................$ 3,500,000

Total Funds Budgeted ...........................................$ 10,723,361

State Funds Budgeted ............................................$ 6,857,096

Total Positions Budgeted

111

Authorized Motor Vehicles

49

Attached Units Functional Budgets

Pos.

Total Funds

State Funds

Office of Highway Safety

8 $ 3,879,313 $

192,023

TUESDAY, FEBRUARY 18, 1986

959

Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firelighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Undistributed
Total

26 $ 18 $ 14 $

3,227,866 $ 1,219,955 $
835,292 $

5$

3$

37 $ 0$ 111 $ 10,723,361 $

3,216,071 1,174,955
747,296

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ...........................................$ 13,310,975 Departmental Operations Budget: Payments to Employees' Retirement System ......................... $ 185,975 Employer Contributions .........................................$ 13,125,000 Total Funds Budgeted ...........................................$ 13,310,975 State Funds Budgeted ...........................................$ 13,310,975

Section 33. Public Service Commission.

Budget Unit: Public Service Commission .............................$ 6,911,332

Departmental Operations Budget:

Personal Services.................................................$ 4,136,030

Regular Operating Expenses ........................................$ 225,616

Travel ...........................................................$ 133,400

Motor Vehicle Equipment Purchases .................................$ 66,405

Publications and Printing ...........................................$ 23,375

Equipment Purchases ...............................................$ 47,128

Computer Charges ................................................$ 148,649

Real Estate Rentals ...............................................$ 237,021

Telecommunications ...............................................$ 106,850

Per Diem, Fees and Contracts .....................................$ 2,142,500

Total Funds Budgeted ............................................$ 7,266,974

State Funds Budgeted ............................................$ 6,911,332

Total Positions Budgeted

133

Authorized Motor Vehicles

29

Public Service Commission Functional Budgets

Pos.

Total Funds

State Funds

Administration

18 $ 1,023,809 $ 1,023,809

Transportation

56 $ 2,058,290 $ 1,784,190

Utilities

59 $ 4,184,875 $ 4,103,333

Undistributed

0$

--0-- $

--0--

Total

133 $ 7,266,974 $ 6,911,332

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction ...............................$ 550,499,221
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs ...................................$ 574,356,875 Sponsored Operations .........................................$ 71,550,818

960

JOURNAL OF THE SENATE

Operating Expenses:

Educ., Gen., and Dept. Svcs. ..................................$ 151,001,309

Sponsored Operations .........................................$ 76,135,060

Office of Minority Business Enterprise .............................. $ 338,902

Special Desegregation Program .....................................$ 322,487

Authority Lease Rentals .........................................$ 15,582,666

Research Consortium .............................................$ 3,500,000

Eminent Scholars Program ........................................$ 2,000,000

Total Funds Budgeted ..........................................$ 894,788,117

Departmental Income ............................................$ 23,326,954

Sponsored Income ..............................................$ 147,685,878

Other Funds . .................................................$ 170,248,764

Indirect DOAS Services Funding ..................................$ 3,027,300

State Funds Budgeted ..........................................$ 550,499,221

Total Positions Budgeted

17,496

B. Budget Unit: Regents Central Office and Other Organized

Activities .....................................................$ 127,280,935

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. ..................................$ 151,862,364

Sponsored Operations .........................................$ 46,997,452

Operating Expenses:

Educ., Gen., and Dept. Svcs. ............................ . . .....$ 66,110,233

Sponsored Operations ......................... ^. ....... ^. ... ^.$ 20,013,465

Fire Ant and Environmental

Toxicology Research .............................................$ 249,308

Agricultural Research .............................................$ 1,366,003

Advanced Technology Development Center .......................... $ 874,054

Capitation Contracts for

Family Practice Residency ......................................$ 2,267,000

Residency Capitation Grants ......................................$ 2,137,500

Student Preceptorships ............................................$ 158,000

Center for Rehabilitation Technology ...............................$ 356,175

Capital Outlay--ETMH Renovations ..............................$ 3,300,000

SREB Payments .................................................$ 6,284,950

Medical Scholarships ..............................................$ 587,000

Regents Opportunity Grants .......................................$ 600,000

Regents Scholarships ..............................................$ 200,000

Grants to Junior Colleges .........................................$ 5,680,444

Rental Payments to Georgia

Military College .................................................$ 225,000

Total Funds Budgeted ..........................................$ 309,268,948

Departmental Income .............................................$ 1,810,817

Sponsored Income ...............................................$ 67,010,917

Other Funds ...................................................$ 112,610,579

Indirect DOAS Services Funding ...................................$ 555,700

State Funds Budgeted ..........................................$ 127,280,935

Total Positions Budgeted

6,165

Regents Central Office and Other Organized Activities Functional Budgets

Pos.

Total Funds

State Funds

Marine Resources Extension Center

32 $ 1,516,646 $

965,175

Skidaway Institute of Oceanography

38 $ 3,416,321 $ 1,254,017

TUESDAY, FEBRUARY 18, 1986

961

Marine Institute
Georgia Tech Research Institute Engineering Extension Division
Agricultural Experiment Station Cooperative Extension Service
Eugene Talmadge Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Family Practice
Residency Program Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Undistributed
Total

20 528 113 906 997 3,266
67
55
7
33
2 101
0 6,165

$ 1,058,560 $ 76,018,994 $ 3,349,708 $ 42,651,500 $ 40,713,488 $ 109,795,557

$ 2,503,551

$ 1,980,769

$ 4,857,216

$ 1,354,897

$ 2,052,348

$ 17,999,393

$

--0--

$ 309,268,948

$

718,560

$ 8,675,935

$ 1,792,114

$ 27,200,855

$ 27,100,788

$ 33,464,185

$ 2,503,551

$

477,458

$ 4,857,216

$

184,549

$

87,139

$ 17,999,393

$

--0--

$ 127,280,935

C. Budget Unit: Georgia Public

Telecommunications Commission ..................................$ 5,246,493

Public Telecommunications Commission Budget:

Personal Services:

Educ., Gen., and Dept. Svs. .....................................$ 3,814,825

Operating Expenses:

Educ., Gen., and Dept. Svcs. ....................................$ 4,798,847

Total Funds Budgeted .......................... ^. ................$ 8,613,672

State Funds Budgeted ............................................$ 5,246,493

Total Positions Budgeted

149

Authorized Motor Vehicles

14

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................$ 52,297,868 Operations Budget: Personal Services. ...............................................$ 33,115,680 Regular Operating Expenses .......................................$ 1,115,210 Travel ..........................................................$ 1,326,398 Motor Vehicle Equipment Purchases .................................$ 45,700 Publications and Printing .........................................$ 2,068,732 Equipment Purchases. ............................................$ 1,187,363 Computer Charges ...............................................$ 6,723,106 Real Estate Rentals ..............................................$ 1,753,806 Telecommunications ...............................................$ 633,285 Per Diem, Fees and Contracts ......................................$ 352,150 County Tax Officials/Retirement and FICA .........................$ 1,644,000 Grants to Counties/Appraisal Staff .................................$ 1,663,187 Motor Vehicle Tag Purchases .....................................$ 1,772,600 Motor Vehicle Decal Purchases .....................................$ 495,000 Postage .........................................................$ 2,246,651 Total Funds Budgeted ...........................................$ 56,142,868 Indirect DOAS Services Funding ..................................$ 3,845,000 State Funds Budgeted ...........................................$ 52,297,868

962

JOURNAL OF THE SENATE

Total Positions Budgeted Authorized Motor Vehicles

1,231 65

Department of Revenue Functional Budgets

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Motor Vehicle Central Audit Property Tax Sales Tax Undistributed Total

Pos.

Total Funds

State Funds

48 $ 4,248,317 $ 4,248,317

78 $ 6,889,174 $ 6,789,178

49 $ 2,488,904 $ 2,488,904

363 $ 11,363,154 $ 11,273,154

148 $ 6,644,279 $ 5,244,287

253 $ 12,614,132 $ 10,559,132

111 $ 4,539,527 $ 4,539,527

56 $ 3,773,027 $ 3,773,027

125 $ 0$

3,582,354 $ --0-- $

3,382,342 -- 0--

1,231 $ 56,142,868 $ 52,297,868

Section 36. Secretary of State. A. Budget Unit: Secretary of State
Personal Services ................. Regular Operating Expenses ..... Travel .......................... Motor Vehicle Equipment Purchases Publications and Printing ......... Equipment Purchases. ............ Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts ... Election Expenses ................ Postage ......................... Total Funds Budgeted ............ State Funds Budgeted ............ Total Positions Budgeted Authorized Motor Vehicles

......$ 16,668,795 ......$ 10,428,508 .......$ 1,427,788 ........$ 196,350 ........$ 101,800 .... $ 359,416 ........$ 178,460 ........$ 667,359
. $ 1,814,119
... $ 291,760 ........$ 441,700
. . . $ 500,000 ........$ 321,635 ......$ 16,728,895
$ 16,668,795 375 74

Secretary of State Functional Budgets

Internal Administration Archives and Records Corporations Regulation Elections and
Campaign Disclosure Securities Regulation Drugs and Narcotics State Campaign and
Financial Disclosure Occupational Certification Undistributed Total

Pos.

Total Funds

State Funds

58 $ 2,473,115 $ 2,471,015

86 $ 3,877,225 $ 3,827,225

44 $ 1,503,244 $ 1,501,244

14 $ 23 $ 15 $

1,216,999 $ 1,003,557 $
654,948 $

1,216,999 997,557 654,948

3$

138,697 $

138,697

132 $ 0$

5,861,110 $ --0-- $

5,861,110 --0--

375 $ 16,728,895 $ 16,668,795

TUESDAY, FEBRUARY 18, 1986

963

Occupational Certification Functional Budgets

Board Costs

Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Therapliissts Medical Examiners Nursing Home Administratorss Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewater Well Water Total

$ 184,908

$

47,942

$

1,242

$

6,242

$

11,473

$

11,095

$

54,563

$

37,092

$

56,467

$

11,500

$

51,468

$

3,139

$

17,463

$

3,331

$

4,987

$

13,523

$

2,331

$

30,080

$ 205,418

$

12,069

$

59,775

$

5,218

$

15,285

$

2,179

$

67,179

$

11,791

$

3,722

$

5,734

$

56,001

$

11,915

$

15,374

$

4,871

$

3,405

$

4,520

$

12,019

$

9,523

$

35,027

$

4,932

$

4,606

$ 1,099,409

Cost of Operations

$

341,315

$

118,563

$

3,043

$

31,275

$

140,719

$

105,883

$

327,706

$

636,089

$

273,255

$

30,000

$

273,429

$

30,840

$

170,228

$

17,502

$

19,842

$

23,896

$

17,995

$

147,485

$

956,652

$

32,222

$

670,816

$

26,810

$

37,426

$

8,662

$

378,707

$

39,703

$

9,462

$

16,224

$

468,838

$

277,840

$

66,489

$

23,164

$

18,520

$

19,196

$

210,360

$

34,301

$

95,266

$

107,713

$

13,541

$

6,220,977

B. Budget Unit: Res Estate Commission Real Estate Commi on Budget: Personal Services Regular Operatini Ixpenses ........... Travel ......... Motor Vehicle EC Mnent Purchases . Publications and Priinnttiing ............. Equipment Purchase5s8.. ................ Computer Charges . Real Estate Rentals Telecommunications Contracts .........

.... $ 1,182,779
...........$ 685,741 ...........$ 107,748 ............$ 12,500
...........$ --0-- ............$ 26,000 .............$ 5,350
... $ 192,740 .... $ 40,450 ............$ 18,250 .... $ 94,000

964

JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles
Real Estate Commission Functional Budget

Real Estate Commission

Pos.

State Funds

28

1,182,779

.$ 1,182,779 .$ 1,182,779
28 12
Cost of Operations $ 1,223,229

Section 37. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission ................ . . . $ 16,593,641

Administration Budget:

Personal Services............................................. . . $ 2,727,947

Regular Operating Expenses................................... . . . $ 185,120

Travel ......................................................

$ 52,000

Motor Vehicle Equipment Purchases

.....$ --0--

Publications and Printing ..................................... . . . . $ 78,654

Equipment Purchases ........................................ . . . . $ 12,775

Computer Charges ........................................... . . . $ 910,926

Telecommunications ........................................... . . . . $ 84,590

Per Diem, Fees and Contracts .................................

$ 41,500

Payment of Interest and Fees ................................. . . . $ 430,000

Guaranteed Educational Loans ................................ .$ 3,113,550

Tuition Equalization Grants................................... .$ 10,700,000

Student Incentive Grants ..................................... . $ 4,443,122

Law Enforcement Personnel

Dependents' Grants ........................................ . . $ 35,000

North Georgia College ROTC Grants .......................... . $ 111,000

Osteopathic Medical Loans.................................... . $ 162,400

Georgia Military Scholarship

Grants .................................................... . . . $ 140,500

Academic Scholarships........................................ .....$ --0--

Total Funds Budgeted........................................ $ 23,229,084

State Funds Budgeted ........................................ .$ 16,593,641

Total Positions Budgeted

105

Authorized Motor Vehicles

1

Georgia Student Finance Commission Functional Budgets

Internal Administration

Pos.

Total Funds

State Funds

105 $ 4,093,512 $

--0--

Higher Education Assistance Corporation

430,000 $

205,000

Georgia Student Finance Authority
Undistributed

0 $ 18,705,572 $ 16,388,641

0$

--0-- $

--0--

Total

105 $ 23,229,084 $ 16,593,641

Section 38. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee. Soil and Water Conservation Central Office Budget: Personal Services................................. Regular Operating Expenses....................... Travel ..........................................

$ 908,944
$ 599,139 . $ 56,380
$ 52,212

TUESDAY, FEBRUARY 18, 1986

965

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 21,670

Equipment Purchases ................................................$ 2,620

Computer Charges ..................................................$ 3,000

Real Estate Rentals ................................................$ 32,867

Telecommunications ................................................$ 17,970

Per Diem, Fees and Contracts ......................................$ 123,086

Total Funds Budgeted .............................................$ 908,944

State Funds Budgeted .............................................$ 908,944

Total Positions Budgeted

20

Authorized Motor Vehicles

1

Section 39. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System ...........................$ 2,798,000

Departmental Operations Budget:

Personal Services .................................................$ 1,967,069

Regular Operating Expenses .........................................$ 74,400

Travel ...........................................................$ 24,000

Motor Vehicle Equipment Purchases ..................................$ --0--

Publications and Printing ...........................................$ 54,000

Equipment Purchases ...............................................$ 12,215

Computer Charges ................................................$ 644,346

Real Estate Rentals ...............................................$ 185,115

Telecommunications ...............................................$ 102,406

Per Diem, Fees and Contracts ......................................$ 274,000

Postage ...........................................................$ 88,000

Cost-of-Living Increases for

Local Retirement System Members ..............................$ 1,630,000

Floor Fund for Local Retirement Systems ..........................$ 1,168,000

Total Funds Budgeted ......................................... ...i 6,223,551

State Funds Budgeted ............................................$ 2,798,000

Total Positions Budgeted

67

Authorized Motor Vehicles

1

Section 40. Department of Transportation. Budget Unit: Department of Transportation ........................$ 454,518,256
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services...............................................$ 159,459,089 Regular Operating Expenses ......................................$ 46,179,642 Travel ..........................................................$ 1,633,112 Motor Vehicle Equipment Purchases ...............................$ 1,000,000 Publications and Printing ..........................................$ 825,147 Equipment Purchases. ............................................$ 2,442,058 Computer Charges ...............................................$ 2,362,670 Real Estate Rentals ..............................................$ 1,086,778 Telecommunications ..............................................$ 1,722,399 Per Diem, Fees and Contracts .....................................$ 8,991,102 Capital Outlay .................................................$ 584,950,487 Grants to Counties ...............................................$ 9,317,013 Authority Lease Rentals .........................................$ 12,145,821 State of Georgia General Obligation Debt Sinking Fund ...................................$ 3,458,506 Grants to Municipalities ..........................................$ 9,317,000 Capital Outlay--Airport Development ..............................$ 1,270,000

966

JOURNAL OF THE SENATE

Capital Outlay--Airport Approach Aid and Operational Improvement ...............
Mass Transit Grants ......................... Savannah Harbor Maintenance Payments ...... Spoilage Area Acquisition,
Clearing, Preparation and Dike Reconstruction Fall Line Freeway and Golden
Isles Parkway .............................. Total Funds Budgeted ........................ State Funds Budgeted ........................ Total Positions Budgeted Authorized Motor Vehicles

Department of Transportation Functional Budgets

Pos.

Total Funds

Motor Fuel Tax Budget Planning and Construction

2,998 $ 601,405,151

Maintenance and Betterments

3,547 $ 173,112,701

Facilities and Equipment

0 $ 4,608,247

Assistance to Counties

0 $ 9,317,013

Administration Undistributed

362 $ 31,121,907

0$

--0--

Total

6,907 $ 819,565,019

General Funds Budget Grants to Municipalities

0 $ 9,317,000

Paving at State and Local Schools and State Institutions

0$

848,500

Paving at State Parks and Historic Sites

0$

500,000

Air Transportation

16 $ 1,347,153

Inter-Modal Transfer Facilities Harbor Maintenance Facilities

23 $ 13,162,581 0 $ 3,630,000

Fall Line Freeway and Golden Isles Parkway

0 $ 1,500,000

Planning and Construction

0 $ 1,600,000

Local Assistance Road Program and Savannah Harbor Widening Project
Total

0 $ 10,000,000 39 $ 41,905,234

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans Service .... Departmental Operations Budget: Personal Services. ............................ Regular Operating Expenses ............ Travel ...................................... Motor Vehicle Equipment Purchases ........... Publications and Printing ..................... Equipment Purchases ......................... Computer Charges ...........................

......$ 1,383,000 ......$ 8,796,429 ... $ 630,000
......$ 3,000,000
......$ 1,500,000 . . . .$ 861,470,253 . . . .$ 454,518,256
6,946 4,800

State Funds

$ 213,263,028

$ 167,527,881

$ 3,408,247

$ 9,317,013

$ 30,671,907

$

-- 0--

$ 424,188,076

$ 9,317,000

$

848,500

$

500,000

$

957,153

$ 4,977,527

$

630,000

$ 1,500,000 $ 1,600,000

$ 10,000,000 $ 30,330,180
.....$ 15,051,960
......$ 3,735,585 ........$ 56,290 ........$ 82,000 .........$ --0--
. . . $ 21,000 .... $ 71,964 .........$ --0--

TUESDAY, FEBRUARY 18, 1986

967

Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts . . Capital Outlay ................. Postage ....................... Operating Expense/Payments to
Central State Hospital....... Operating Expense/Payments to
Medical College of Georgia Regular Operating Expenses
for Projects and Insurance . . . Total Funds Budgeted ......... State Funds Budgeted ......... Total Positions Budgeted Authorized Motor Vehicles
Veterans Service Functional Budgets

Veterans Assistance
Veterans Home and Nursing Facility-- Milledgeville
Veterans Nursing Home--Augusta
Undistributed
Total

Pos.

Total Funds

141 $ 4,202,541

0 $ 9,088,752

0$ 0$

4,963,907 --0--

141 $ 18,255,200

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board................... Operations Budget: Personal Services.......................................... Regular Operating Expenses................................ Travel ................................................... Motor Vehicle Equipment Purchases ........................ Publications and Printing ................................. Equipment Purchases. ..................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts ............................ Postage .................................................. Total Funds Budgeted..................................... State Funds Budgeted ..................................... Total Positions Budgeted Authorized Motor Vehicles

Workers' Compensation Board Functional Budgets

Administration Vocational Rehabilitation Undistributed Total

Pos.

Total Funds

129

5,264,251

17

533,972

0

146

5,798,223

. . . $ 194,766 . . . . $ 56,500 .... $ 9,360 .....$ --0-- . ... $ 32,500
. . $ 8,662,847
. $ 4,606,408
... $ 725,980 $ 18,255,200 .$ 15,051,960
141 1
State Funds 3,941,850

$ 7,262,552

$ 3,847,558

$

--0--

$ 15,051,960

.... $ 5,763,223
4,426,252 $ 121,052 . $ 57,000
. $ 85,400 . $ 15,350 $ 245,292 $ 507,092
$ 82,485 $ 178,300 . $ 80,000 ! 5,798,223 > 5,763,223
146 1

State Funds

$ 5,229,251

$

533,972

$ 5,763,223

968

JOURNAL OF THE SENATE

Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .........................................$ 189,169,521
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...........................................$ 20,500,000
Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions of judges and employ ees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council.
Section 50. Provisions Relative to Section 10, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agen cies for which the Department provides service:
General Services ......................................................$ 512,821 Data Processing Services ............................................$ 45,501,134 Motor Vehicle Services ...............................................$ 2,267,469 Communication Services .............................................$ 34,007,611 Printing Services .....................................................$ 4,578,652
The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services.

TUESDAY, FEBRUARY 18, 1986

969

The Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.
Section 51. Provisions Relative to Section 11, Department of Agriculture. From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Ex penses, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for 'on-farm' testing for brucellosis in cattle to be transported out of Georgia.
The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.
The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers.
The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.
No expenditure from the appropriation in Section 11 relating to Renovation, Construc tion, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets).
Section 52. Provisions Relative to Section 16, State Board of Education--Department of Education. From the appropriation in Section 16 (State Board of Educa tion--Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff develop ment program specifically for special education teachers utilized in programs for intellectu ally gifted students and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools; and $18,601,401 of the compensatory edu cation funds is designated for a compensatory education program for students in grades three through eleven and shall be used for remedial purposes only. Each local system's com pensatory education plan shall provide for a program remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test and the tenth grade Georgia Basic Skills Test; provided, however, where a local sys tem's compensatory education plan justifies the need, the State Board of Education may approve the usage of these funds for remedial purposes in grades one and two.
Compensatory Education funds shall be distributed on the basis of the number of stu dents in grades four, eight, and ten failing to achieve the minimum standard score on the statewide reading and mathematics test administered to all students enrolled at these grade levels.
None of the State funds appropriated in Section 16 may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the Gen eral Assembly.
Where teaching personnel are paid in whole or in part from funds other than Statelocal funds, the fund source from which such salary is paid shall bear the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, further, that for systems which do not elect to implement the full day kinder garten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attend ance, except in the case of mentally, physically or emotionally handicapped children, the

970

JOURNAL OF THE SENATE

ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.
Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to imple ment the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allot ments shall not exceed the actual cost of mid-day transportation by the local system.
State funds appropriated to local systems for classroom teacher salaries on the basis of average daily attendance in grades 1 through 7 shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
For the purpose of mid-term adjustment in grades 1 through 7, additional units shall be the difference between the total earned and total allotted in those grades.
No payments from funds appropriated for Maintenance and Operation, Sick and Per sonal Leave and Instructional Media for special education teachers shall be made prior to such teaching unit being filled.
Teaching units allocated under Code Section 20-2-152 to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
From the appropriation in Section 16 (State Board of Education--Department of Edu cation) for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Code Section 20-2-157 for grades 1 and 2 at a ratio of 1:20 students in average daily attendance.
Local school systems, in accordance with State Board policy, may use additional in structional units earned in grades 1 and 2 to employ either certificated or licensed instruc tional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Code Section 20-2-157(b)(2), Code Section 20-2-160 and Code Section 20-2-159.
From appropriations in Section 16 (State Board of Education--Department of Educa tion) for salaries relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2), funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Planning and Budget.
The funds appropriated in Sections 16 and 90 (State Board of Education--Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1987 entitlements were sufficient to cover eligible projects (pursu ant to Code Section 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1987.
Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education.
The Board is hereby directed to establish a postsecondary vocational education pro gram at Georgia Southern College in conjunction with the other two postsecondary voca tional education programs to be established in the Altamaha APDC area.
None of the State funds appropriated in Section 16 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
The Department is authorized to utilize up to $4,100,000 of available funds appropri ated for the purpose of local school construction to continue an asbestos abatement program in local school systems.

TUESDAY, FEBRUARY 18, 1986

971

Section 53. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by forty-five one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of in creases provided on January 1 and July 1 of 1984, and January 1, 1985.

Section 54. Provisions Relative to Section 18, Forestry Commission. From the Appro priation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is in tended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance.

Section 55. Provisions Relative to Section 21, Office of the Governor. There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said Fund. Expenditures from this Fund shall be made in accordance with other provisions of State law and the Constitution.

Not less that 95% of the appropriation in Section 21 (Office of the Governor) relative to Art Grants--State Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia.

Section 56. Provisions Relative to Section 23, Department of Human Resources. From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $250,000 is designated and committed for the purchase of clotting factor for the hemophilia program.

No State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 70% of the standards of need, effective April 1, 1986; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$202 306 366 432 494 536 580 616 648 694 742

Maximum Monthly Amount
$141 214 256 302 346 375 406 431 454 486 519

Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally.

Provided, that of the above appropriation, the Department of Human Resources is au thorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise.

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From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.
Provided, that of the above appropriation relating to Computer Charges, the Depart ment is authorized to utilize up to $31,197 from existing funds for the purpose of purchasing personal computers for Financial Services and Budget Services.
From the appropriation in Section 23, the Department of Human Resources is author ized to provide treatment for eye disorders, provided that treatment for such disability can not be obtained from other sources.
The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital.
No dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics.
From the appropriation in Section 23 (Department of Human Resources) relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State.
The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
The Department of Human Resources may transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDCInstitutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983.
Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs, with priority given to programs which address the problem of high infant mortality and/or morbidity, and not to supplant State funds in this appropriation; provided, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is committed for funding of the Community Cardiovascular Council Stroke-Screen ing Program.
From the appropriation in Section 23 (Department of Human Resources) relative to Troubled Children, funds unexpended for either in-state or out-of-state residential treat ment for troubled children shall be allocated to the treatment of youth and adolescents who qualify for Intermediate Level Institutional Foster Care.
From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and committed for a program of screening and treatment of diabetes in the Co lumbus area.
Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for foster children over age twelve, not to exceed $300.
Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such Centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.
It is the intent of this General Assembly that no money designated for Mental Retarda-

TUESDAY, FEBRUARY 18, 1986

973

tion programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.
All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treatment services program in Middle Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohib ited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $406, and the Department is di rected to supplant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Community Mental Retardation Residen tial Services to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients and that these residential services be available to clients residing in the community as well as those re turning to their communities from institutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute, $20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse.
From the appropriation in Section 23 (Department of Human Resources) relating to Community Youth Services, $33,750 is designated and committed for the purpose of contin uing the work experience component of the Ft. Yargo Group Home Program.
From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.
Central State Hospital, Southwestern State Hospital, and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $100,000 each to the Depart ment of Offender Rehabilitation to provide appropriate security coverage for inmate labor at these Hospitals.
Section 57. Provisions Relative to Section 24, Department of Industry and Trade. From the appropriation in Section 24 (Department of Industry and Trade), relative to ad vertising, $12,000 is designated and committed for brochures promoting Georgia's agricul ture, for distribution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.
Section 58. Provisions Relative to Section 26, Department of Labor. It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of ef fort, and further, that the Office of Planning and Budget make a report to the relevant

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legislative committees concerning the need to concentrate responsibility for all building in spections, including the inspection of elevators and boilers, in a single State agency.
Section 59. Provisions Relative to Section 28, Department of Medical Assistance. Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health.
Provided, that of the appropriation in Section 28, no funds for the payment of Medi caid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 60. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The employer contribution paid by the State for Teachers' Health Insurance shall be for State-allotted teachers and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.
The Department is authorized to assess no more than $120.29 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 61. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and mainte nance of State Parks and Historic Sites facilities.
Provided, further, of the funds appropriated to the Department of Natural Resources, $200,000 is designated and committed for the purpose of planning a recreational facility at Sandy Creek on Lake Walter F. George.
Section 62. Provisions Relative to Section 14, Department of Corrections. Funds ap propriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county.
From the appropriation in Section 14 (Department of Corrections) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project.
With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs.
The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia.
Provided, that the Department is hereby authorized to redirect an amount not to ex ceed $319,000 from funds available to the Georgia State Financing and Investment Commis-

TUESDAY, FEBRUARY 18, 1986

975

sion for storage warehouse, laundry, and dining expansion at the Georgia Women's Correc tional Institution and the dining hall at the Rutledge Correctional Institution.
Section 63. Provisions Relative to Section 31, Department of Public Safety. From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report.
To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants.
For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by No vember 1 of each year. The Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
Section 64. Provisions Relative to Section 34, Regents, University System of Georgia. Where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or by any college or university from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee reve nue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
The 1 1/2% Personal Services continuation factor incorporated into the Resident In struction appropriation in Section 34 (Regents, University System of Georgia) shall be uti lized to provide 2 1/2% merit-type increases.
The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The payment of Grants to Junior Colleges shall be based on a rate of $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent fulltime student.
Section 65. Provisions Relative to Section 35, Department of Revenue. From the ap propriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,772,600 is designated and committed for the sole purpose of contracting for the produc tion of motor vehicle tags and may be used for partial, advance payment during tag production.
Section 66. Provisions Relative to Section 37. From the appropriation in Section 37 relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields

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and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000
B) Eligible members of the Georgia National Guard: Not to exceed $100,000
C) Teachers seeking special education training: Not to exceed $225,000
D) Students who are to become agricultural teachers: Not to exceed $30,000
E) Students who are to become mathematics or science teachers: Not to exceed $300,000
The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416.
Section 67. Provisions Relative to Section 40, Department of Transportation. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for let ting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
Grants to Counties for aid in county road construction and maintenance shall be dis tributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.
Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Arti cle III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter.
Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air-transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Of the above appropriation $975,000 is designated and committed for preliminary engi-

TUESDAY, FEBRUARY 18, 1986

977

neering, location, environmental and traffic studies, and mapping for the Fall Line Freeway, a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied.

Of the above appropriation $525,000 is designated and committed for preliminary engi neering, location, environmental and traffic studies, and mapping for the Golden Isles Park way, from 1-75 along U.S. 341 to 1-95.

This Appropriations Act authorizes $82 million in General Obligation Bonds for con struction of various projects or parts of projects on the State Highway system. It is the intent of the General Assembly that funds presently allocated to such projects or parts of projects shall be re-allocated to construction of four-lane highway segments in designated growth areas as follows:

Corridor Z and Appalachian Highway Other Routes

$40 million $40 million

It is the further intent of the General Assembly that the remaining $2 million in such funds shall be re-allocated to LARP, and of the present appropriation of $10 million in Section 40 for LARP and Savannah Harbor, $2 million shall then be allocated to Savannah Harbor and $8 million shall be allocated to LARP.

Section 68. Provisions Relative to Section 41, Department of Veterans Service. From the appropriation in Section 41 (Department of Veterans Service), the Department of Veter ans Service is authorized to utilize up to $280,000 of operating funds to match Federal fund ing if it becomes available to design a veterans nursing home in Georgia.

Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,246,629 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit 'A') and for State mental health/mental retardation institutions ($6,111,629 Budget Unit 'C') in the Department of Human Re sources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.

Section 70. Appropriations to the object class 'Authority Lease Rentals' shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.

Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

Section 72. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.

The State Auditor shall make the utilization of State motor vehicles a matter of special

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interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
Section 74. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropria tions Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 77. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly.
Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year ad dressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 79. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommen dations contained in the Budget Reports submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive

TUESDAY, FEBRUARY 18, 1986

979

Branch between objects, functional budgets, programs and activities subject to the condi tions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendations by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Gov ernment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submit ted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 80. Wherever in this Act the term 'Budget Unit Object Classes' is used, it shall mean that the object classification following such term shall apply to the total expenditures with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 81. For the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wag ons and any other such vehicles for street and highway use; and
(2) The number of authorized motor vehicles indicated for each budget unit shall in clude leased vehicles and State-owned vehicles; and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
Section 82. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 83. The Office of Planning and Budget is hereby directed to economize wher ever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 84. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,582,477 for S.F.Y. 1986.
Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $20,500,000 is specifically appropriated for

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the purpose of financing a highway construction program of the Department of Transporta tion by means of the acquisition, construction, development, extension, enlargement, im provement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $82,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months."
Section 2. Said Act is further amended by striking Section 93 in its entirety and by inserting in lieu thereof a new Section 93 to read as follows:
"Section 93. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1986 ..............................................$ 5,225,947,058."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1259.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brantley BBrroowunn ooff 4467tthh
Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner
Gillis
HHm?re8 HHoolrltoownay
Howard Muggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill Peevy Perry Phillips Rav Reddish Scott of 2nd
S,,,cott of 36th *Sttaurmrb, augh,
late Timmons Tolleson Trulock Turner Tysinger

Cobb (excused) Greene

Harrison Hudgins

McKenzie Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1259.

TUESDAY, FEBRUARY 18, 1986

981

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a mu nicipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality.
Senate Sponsor: Senator Turner of the 8th.
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1572:
A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the cor porate powers, functions, rights, assets, and liabilities of the municipality; to provide for the subjects which may be controlled by local law to achieve such a governmental reorganiza tion; to provide requirements relative to such local laws; to provide for other matters rela tive to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding immediately following Chapter 67 a new Chapter 68 to read as follows:
"CHAPTER 68
36-68-1. This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, as sets, and liabilities of the municipality. This chapter shall be liberally construed to carry out effectively such purpose.
36-68-2. (a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following matters:
(1) For the form of government of the county which is the successor to the corporate powers, functions, rights, properties, and obligations of the municipality;
(2) For the county to constitute a municipality as well as a county for the purposes of the application of the general laws and Constitution of this state;
(3) For the exercise by the county of the powers vested in the former municipality and in municipalities generally as well as the powers vested in the county and counties generally;
(4) For the county to receive any grants or other types of funds or revenues which the former municipality was entitled to receive as well as grants or other types of funds or revenues which the county is entitled to receive;

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(5) For the status of the county relative to any municipalities, other than the munici pality having its charter repealed, located wholly or partially within such county;
(6) For the transfer of all assets and properties of the municipality to the county;
(7) For the assumption by the county of all contractual and other obligations of the municipality;
(8) For the transfer of employees of the municipality to the county and for the preser vation of any rights of such employees and their beneficiaries existing under any retirement or pension system of the municipality; and
(9) For any other matters reasonably necessary or convenient to achieve and implement effectively a governmental reorganization described by Code Section 36-68-1.
(b) A local law enacted pursuant to the authority of subsection (a) of this Code section may provide for such procedures, requirements, and limitations as may be reasonably neces sary to control the subjects included within such local law, and the provisions of said sub section (a) shall not be construed to limit the manner in which the General Assembly may by local law control the subjects described by said subsection (a).
36-68-3. (a) Local laws enacted pursuant to the authority of this chapter shall be sub ject to the following requirements:
(1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of a special tax district consisting of the territory lying within the corporate boundaries of the municipality for the purpose of the successor county government levying a tax therein sufficient to retire the bonded indebtedness of the municipality which was out standing on the effective date of the repeal of the charter of the municipality;
(2) The effectiveness of a local law repealing the charter of a municipality shall be con tingent upon its approval by a majority of the voters voting within the municipality and upon the parallel local law described by paragraph (3) of this subsection becoming effective;
(3) The effectiveness of a local law enacted pursuant to the authority of Code Section 36-68-2 shall be contingent upon its approval by a majority of the voters voting throughout the territorial boundaries of the applicable county and upon the parallel local law described by paragraph (2) of this subsection becoming effective; and
(4) The effectiveness of local laws described in paragraphs (2) and (3) of this subsection shall also be contingent upon their approval by the governing authorities of the affected municipality and county.
(b) The requirement for a referendum to repeal a municipal charter under paragraph (2) of subsection (a) of this Code section shall apply to the repeal of a municipal charter only when such repeal is a part of a governmental reorganization described by Code Section 36-68-1."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to HB 1572 offered by the Senate Committee on Urban and County Affairs, the yeas were 0, nays 30, and the substitute was lost.
Senator Turner of the 8th offered the following substitute to HB 1572:
A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the cor-

TUESDAY, FEBRUARY 18, 1986

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porate powers, functions, rights, assets, and liabilities of the municipality; to provide for the subjects which may be controlled by local law to achieve such a governmental reorganiza tion; to provide requirements relative to such local laws; to provide for other matters rela tive to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding immediately following Chapter 67 a new Chapter 68 to read as follows:
"CHAPTER 68
36-68-1. This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, as sets, and liabilities of the municipality. This chapter shall be liberally construed to carry out effectively such purpose.
36-68-2. (a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following matters:
(1) For the form of government of the county which is the successor to the corporate powers, functions, rights, properties, and obligations of the municipality;
(2) For the county to constitute a municipality as well as a county for the purposes of the application of the general laws and Constitution of this state;
(3) For the exercise by the county of the powers vested in the former municipality and in municipalities generally as well as the powers vested in the county and counties generally;
(4) For the county to receive any grants or other types of funds or revenues which the former municipality was entitled to receive as well as grants or other types of funds or revenues which the county is entitled to receive;
(5) For the status of the county relative to any municipalities, other than the munici pality having its charter repealed, located wholly or partially within such county;
(6) For the transfer of all assets and properties of the municipality to the county;
(7) For the assumption by the county of all contractual and other obligations of the municipality;
(8) For the transfer of employees of the municipality to the county and for the preser vation of any rights of such employees and their beneficiaries existing under any retirement or pension system of the municipality; and
(9) For any other matters reasonably necessary or convenient to achieve and implement effectively a governmental reorganization described by Code Section 36-68-1.
(b) A local law enacted pursuant to the authority of subsection (a) of this Code section may provide for such procedures, requirements, and limitations as may be reasonably neces sary to control the subjects included within such local law, and the provisions of said sub section (a) shall not be construed to limit the manner in which the General Assembly may by local law control the subjects described by said subsection (a).
36-68-3. (a) Local laws enacted pursuant to the authority of this chapter shall be sub ject to the following requirements:
(1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of a special tax district consisting of the territory lying within the corporate

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boundaries of the municipality for the purpose of the successor county government levying a tax therein sufficient to retire the bonded indebtedness of the municipality which was out standing on the effective date of the repeal of the charter of the municipality;
(2) The effectiveness of local laws described in paragraphs (3) and (4) of this subsection shall be contingent upon their approval by the governing authorities of the affected munici pality and county prior to the referenda provided for in paragraphs (3) and (4) of this subsection.
(3) The effectiveness of a local law repealing the charter of a municipality shall be contingent upon its approval by a majority of the voters voting within the municipality and upon the parallel local law described by paragraph (4) of this subsection becoming effective;
(4) The effectiveness of a local law enacted pursuant to the authority of Code Section 36-68-2 shall be contingent upon its approval by a majority of the voters voting throughout the territorial boundaries of the applicable county and upon the parallel local law described by paragraph (3) of this subsection becoming effective; and
(b) The requirement for a referendum to repeal a municipal charter under paragraph (3) of subsection (a) of this Code section shall apply to the repeal of a municipal charter only when such repeal is a part of a governmental reorganization described by Code Section 36-68-1."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute offered by Senator Turner of the 8th, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Cobb (excused) Harrison

Hudgins McKenzie

Walker

TUESDAY, FEBRUARY 18, 1986

985

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 3:20 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 19, 1986 Twenty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.
Senator Scott of the 2nd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Scott of the 2nd moved that the Senate reconsider its action of February 18 in defeating the following bill of the Senate:
SB 468. By Senators Langford of the 35th, Bond of the 39th, Walker of the 43rd and others: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special proce dures for the trial and imposition of sentences in certain cases in which the de fendant is under 18 years of age; to provide for practices and procedures; to pro vide for psychiatric examinations and the use of the results thereof.
On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 468 was recon sidered and placed at the foot of the Senate General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1636. By Representative Bolster of the 30th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Atlanta.
HB 1654. By Representatives Colbert of the 23rd, Felton of the 22nd, Couch of the 40th and Greer of the 39th: A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the provisions relating to the election of mayor and councilmen; to change the provisions relating to vacancies in the office of mayor or councilman.
HB 1679. By Representative Lane of the 27th: A bill to provide amendment of the powers and purposes of the East Point Busi ness and Industrial Development Authority; to change the composition of and appointment of membership on the authority.
HB 1767. By Representatives Mangum of the 57th and Athon of the 57th: 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 authorizing the gov-

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erning authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.
HB 1780. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 186).
HB 1788. By Representative Moultrie of the 93rd: A bill to amend an Act providing for the Board of Education of Harris County, so as to change provisions for the composition of education districts.
HB 1809. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act recreating the Board of Commissioners of Colquitt County, so as to change the composition and method of election of the board of commissioners.
HB 1811. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act relating to the board of education of Colquitt County, so as to change the composition of the board of education of the Colquitt County School District.
HB 1819. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over.
HB 1820. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school dis trict who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over.
HB 1821. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
HB 1825. By Representative Crawford of the 5th: A bill to amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School District, so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems.
HB 1826. By Representative Crawford of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to provide that the judge of the State Court of Chattooga County shall be a part-

JOURNAL OF THE SENATE
time judge and may engage in the practice of law; to provide for office facilities; to change the qualifications for the office of solicitor of the State Court of Chattooga County.
HB 1827. By Representatives Matthews of the 145th and Royal of the 144th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the city; to change the qualifica tions for councilman; to change certain voting requirements in zoning matters.
HB 1828. By Representative Godbee of the 110th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1833. By Representative Phillips of the 120th: A bill to amend an Act creating a system of public schools for the City of Vidalia, so as to provide that the School District of the City of Vidalia shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.
HB 1834. By Representative Adams of the 79th: A bill to place the clerk of the Superior Court of Upson County upon an annual salary in lieu of the fee system of compensation; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration of fees.
HB 1837. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Steinberg of the 46th, Robinson of the 58th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing that certain municipalities in DeKalb County shall constitute special services tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county.
HB 1838. By Representatives Walker of the 85th, Padgett of the 86th, Brown of the 88th and Connell of the 87th: A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the compensation of members of the board and officers thereof.
HB 1840. By Representatives Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson of the 21st and others: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
SB 469. By Senator McKenzie of the 14th: A bill to amend an Act creating a new charter for the City of Ellaville in Schley County, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended, so as to change the composition and method of election of the mayor and council of the City of Ellaville; to provide for council districts for the election of said members; to provide for the qualifications, election, service, and terms of said members.
HB 1784. By Representative Pinkston of the 100th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to define certain terms; to permit a bank

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exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company.
HB 1686. By Representative Reaves of the 147th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority.
HB 1696. By Representatives Logan of the 67th and Thomas of the 69th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to change provisions relat ing to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education; to change the maximum amount of such reimbursement in certain cases.
HB 1713. By Representatives Dobbs of the 74th and Triplett of the 128th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be consid ered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations.
HB 1693. By Representatives Cummings of the 17th, Hasty of the 8th, Chance of the 129th, Galer of the 97th, Holcomb of the 72nd and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide that public school employees with 20 years or more of creditable service but not eligi ble to receive retirement benefits shall be eligible to continue coverage under the state health benefit plan upon payment of the full cost of the premium.
HB 1723. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to prohibit certain unauthorized transfers and reproductions of recorded materials.
SB 347. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the gov ernment of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding.
SB 352. By Senators Cobb of the 28th and Gillis of the 20th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal certain provisions relat ing to microforms; to provide authority for the establishment of microform standards.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 465. By Representatives Hooks of the 116th and Athon of the 57th:
A resolution re-creating the Joint Tandem Trailer Access to Public Roads Study Committee.
HR 587. By Representative Colwell of the 4th:
A resolution accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia.
HR 524. By Representatives Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th and Connell of the 87th:
A resolution redesignating the Gracewood State School and Hospital in Rich mond County as the Norman B. Pursley Georgia Developmental Center.
HR 687. By Representatives Reaves of the 147th, Royal of the 144th, Godbee of the 110th, Moore of the 139th and Matthews of the 145th:
A resolution creating the Joint Farm Labor Sanitation Study Committee.
HR 514. By Representatives Home of the 103rd and Lucas of the 102nd:
A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb County, Georgia.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any water skis, aquaplane, surfboard, or similar device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence.
SB 32. By Senators Fincher of the 54th, Broun of the 46th and Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care.
SB 50. By Senator Deal of the 49th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and em ployees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time.

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The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions.
The House has agreed to the Senate amendments to the following bills of the House:
HB 477. By Representative Childs of the 53rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties.
HB 595. By Representative Logan of the 67th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that a notice to a taxpayer of a change made in his return shall include a form for the taxpayer to use in appealing the assessment.
HB 1262. By Representatives Thompson of the 20th, Hamilton of the 124th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for emergency pow ers to enable the Department of Human Resources to order the emergency relo cation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a child-caring institution other than a day-care facility.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1338. By Representatives Bray of the 91st, Steinberg of the 46th, Greene of the 130th, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain requirements that in any county having a popu lation of more than 100,000 according to the United States decennial census of 1960 or any such future census, certain additional voter registration places be designated and staffed under certain circumstances.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1259. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to amend an Act to make and provide appropriations for the State fiscal year beginning July 1, 1985, and ending June 30, 1986.

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The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 765. By Representatives Murphy of the 18th, McDonald of the 12th, Lee of the 72nd and Burruss of the 20th: A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 573. By Senator Kidd of the 25th: A bill to authorize the governing authority of Jasper County to impose business and occupational license taxes and license fees upon persons, firms, and corpora tions doing business in the unincorporated area of the county; to provide excep tions; to provide for related matters.
Referred to Committee on Urban and County Affairs.
SB 574. By Senator Kidd of the 25th: A bill to amend an Act creating a board of commissioners for Jasper County, as amended, so as to change the compensation of the chairman and other members of said board.
Referred to Committee on Urban and County Affairs.
SB 575. By Senators Engram of the 34th and Gillis of the 20th: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish blood which may be needed by such person in previously scheduled surgery or medical treatment.
Referred to Committee on Human Resources.
SB 576. By Senator Timmons of the llth: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners and post mortem examinations, so as to provide that, when there is no coroner or deputy coroner to perform the duties of coroner in a county, the judge of probate court of the county may designate any certified peace officer to act as coroner; to provide for related matters; to provide an effec tive date.
Referred to Committee on Governmental Operations.
SB 577. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd: A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, as amended, so as to fix the salary of the chief deputy to the sher iff of Cobb County; to fix the compensation of the chief investigator for Cobb County.
Referred to Committee on Urban and County Affairs.
SB 578. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and Barnes of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the

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fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 579. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that the Georgia State Financing and Investment Commis sion shall be authorized to negotiate the sale of notes and bonds. Referred to Committee on Appropriations.
SB 580. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to powers of the Georgia Residential Finance Authority, so as to provide for the repeal of certain provisions relating to the "state ceiling" on single-family residential housing bonds imposed by and defined in subsection (g) of Code Sec tion 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980," upon the occur rence of certain events. Referred to Committee on Appropriations.
SR 416. By Senator Howard of the 42nd:
A resolution urging the adoption of a uniform definition for the syndrome of infantile autism. Referred to Committee on Human Resources.
SR 421. By Senators Deal of the 49th, Foster of the 50th and Peevy of the 48th:
A resolution creating the Medical Profession Study Committee. Referred to Committee on Human Resources.
SR 422. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee for Seat Belts on School Buses. Referred to Committee on Education.
SR 423. By Senators Garner of the 30th, Kennedy of the 4th and Gillis of the 20th:
A resolution creating the Hunter Safety Course Study Committee. Referred to Committee on Natural Resources.
SR 427. By Senators Barnes of the 33rd and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for reimbursement from general obligation bond proceeds for projects less than two years old; to provide for a change in the investment criteria for funds in the State of Georgia General Obligation Debt Sinking Fund and to provide the creation of a State of Georgia Construction Fund under the control of the Georgia State Financing and Investment Commission; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Appropriations.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 1686. By Representative Reaves of the 147th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority. Referred to Committee on Agriculture.
HB 1693. By Representatives Cummings of the 17th, Hasty of the 8th, Chance of the 129th, Galer of the 97th, Holcomb of the 72nd and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide that public school employees with 20 years or more of creditable service but not eligi ble to receive retirement benefits shall be eligible to continue coverage under the state health benefit plan upon payment of the full cost of the premium. Referred to Committee on Insurance.
HB 1696. By Representatives Logan of the 67th and Thomas of the 69th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to change provisions relat ing to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education; to change the maximum amount of such reimbursement in certain cases. Referred to Committee on Judiciary.
HB 1713. By Representatives Dobbs of the 74th and Triplett of the 128th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be consid ered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations. Referred to Committee on Transportation.
HB 1723. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to prohibit certain unauthorized transfers and reproductions of recorded materials. Referred to Committee on Industry and Labor.
HB 1784. By Representative Pinkston of the 100th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to define certain terms; to permit a bank exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company. Referred to Committee on Banking and Finance.
HR 465. By Representatives Hooks of the 116th and Athon of the 57th:
A resolution re-creating the Joint Tandem Trailer Access to Public Roads Study Committee. Referred to Committee on Transportation.

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995

HR 514. By Representatives Home of the 103rd and Lucas of the 102nd: A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb County, Georgia.
Referred to Committee on Public Utilities.
HR 524. By Representatives Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th and Connell of the 87th: A resolution redesignating the Gracewood State School and Hospital in Rich mond County as the Norman B. Pursley Georgia Developmental Center.
Referred to Committee on Human Resources.
HR 587. By Representative Colwell of the 4th: A resolution accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia.
Referred to Committee on Public Utilities.
HR 687. By Representatives Reaves of the 147th, Royal of the 144th, Godbee of the 110th, Moore of the 139th and Matthews of the 145th: A resolution creating the Joint Farm Labor Sanitation Study Committee.
Referred to Committee on Agriculture.
HB 1636. By Representative Bolster of the 30th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Atlanta.
Referred to Committee on Urban and County Affairs.
HB 1654. By Representatives Colbert of the 23rd, Felton of the 22nd, Couch of the 40th and Greer of the 39th: A bill to amend an Act establishing a new charter for the City of Roswell, so as to change the provisions relating to the election of mayor and councilmen; to change the provisions relating to vacancies in the office of mayor or councilman.
Referred to Committee on Urban and County Affairs.
HB 1679. By Representative Lane of the 27th: A bill to provide amendment of the powers and purposes of the East Point Busi ness and Industrial Development Authority; to change the composition of and appointment of membership on the authority.
Referred to Committee on Urban and County Affairs.
HB 1767. By Representatives Mangum of the 57th and Athon of the 57th: 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 authorizing the gov erning authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.
Referred to Committee on Urban and County Affairs.
HB 1780. By Representatives Aiken of the 21st, Cooper of the 20th, Isakson of the 21st, Johnson of the 21st, Atkins of the 21st and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of

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the City of Austell to grant a homestead exemption to residents in an amount not to exceed $1,000.00 (Res. Act No. 186). Referred to Committee on Urban and County Affairs.
HB 1788. By Representative Moultrie of the 93rd:
A bill to amend an Act providing for the Board of Education of Harris County, so as to change provisions for the composition of education districts. Referred to Committee on Urban and County Affairs.
HB 1809. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act recreating the Board of Commissioners of Colquitt County, so as to change the composition and method of election of the board of commissioners. Referred to Committee on Urban and County Affairs.
HB 1811. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to change the composition of the board of education of the Colquitt County School District. Referred to Committee on Urban and County Affairs.
HB 1819. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to provide a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
HB 1820. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school dis trict who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs.
HB 1821. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to provide a $4,000.00 homestead exemption from Floyd County ad valorem taxes for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. Referred to Committee on Urban and County Affairs.
HB 1825. By Representative Crawford of the 5th:
A bill to amend an Act relating to constitutional authorization for and imposition of a local sales and use tax in Chattooga County for use by the Chattooga County School District and the Trion Independent School District, so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems. Referred to Committee on Urban and County Affairs.

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997

HB 1826. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to provide that the judge of the State Court of Chattooga County shall be a parttime judge and may engage in the practice of law; to provide for office facilities; to change the qualifications for the office of solicitor of the State Court of Chat tooga County. Referred to Committee on Urban and County Affairs.
HB 1827. By Representatives Matthews of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of the city; to change the qualifica tions for councilman; to change certain voting requirements in zoning matters. Referred to Committee on Urban and County Affairs.
HB 1828. By Representative Godbee of the 110th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jenkins County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs.
HB 1833. By Representative Phillips of the 120th:
A bill to amend an Act creating a system of public schools for the City of Videlia, so as to provide that the School District of the City of Vidalia shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.
Referred to Committee on Urban and County Affairs.
HB 1834. By Representative Adams of the 79th:
A bill to place the clerk of the Superior Court of Upson County upon an annual salary in lieu of the fee system of compensation; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration of fees.
Referred to Committee on Urban and County Affairs.
HB 1837. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Steinberg of the 46th, Robinson of the 58th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing that certain municipalities in DeKalb County shall constitute special services tax districts and that DeKalb County shall tax such districts in accordance with the services provided to the districts by the county. Referred to Committee on Urban and County Affairs.
HB 1838. By Representatives Walker of the 85th, Padgett of the 86th, Brown of the 88th and Connell of the 87th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the compensation of members of the board and officers thereof.
Referred to Committee on Urban and County Affairs.

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HB 1840. By Representatives Lawler of the 20th, Wilson of the 20th, Cooper of the 20th, Atkins of the 21st, Johnson of the 21st and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary: Mr. President:

The Committee on Agriculture has had under consideration the following resolutions and bill of the State and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 402. Do pass. HB 1682. Do pass.

HR 690. Do pass. HR 691. Do pass.

Respectfully submitted,

Senator McGill of the 24th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 377. Do pass as amended. HB 1200. Do pass.

HR 476. Do pass. HR 477. Do pass.

HB 1225. Do pass as amended.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 375. Do pass.

SR 389. Do pass as amended.

SR 376. Do pass.

HB 1560. Do pass as amended.

Respectfully submitted,

Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 382. Do pass.

HB 1355. Do pass.

HB 1176. Do pass as amended.

HB 1316. Do pass.

HB 1159. Do pass.

SB 497. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

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999

Mr. President:

The Committee on Human Resources has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 394. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 540. HB 840. HB 1156.

Do pass by substitute. Do pass by substitute. Do pass.

HB 1277. Do pass. HB 1455. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 561. Do pass.

HB 1447. Do pass.

SB 570. Do pass.

HB 1146. Do pass by substitute.

SB 475. Do pass.

SB 358. Do pass by substitute.

Respectfully submitted,

Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1344. Do pass as amended. HB 1465. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the follow ing recommendations:
HB 1695. Do pass.
HR 577. Do pass.

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JOURNAL OF THE SENATE

HR 739. Do pass.

Respectfully submitted, Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 562. Do pass.

SR 360. Do pass.

SB 563. Do pass.

HR 472. Do pass.

SB 564. Do pass.

HR 588. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 556. Do pass.

HB 1673. Do pass.

SB 557. Do pass.

HB 1710. Do pass.

HB 1398. Do pass.

HB 1711 TJO pass

HB 1399. Do pass.

HB 1?24 Do pass.

HB 1400.
HB 1401. ,,_ HB 1402. UHDB 11K53o1, . HB 1596.

Do p*ass. Do pass.
Do pass. Dr,o pass. Do pass.

H,,,,B ,1,,7,,2,,8. HB 1730. HB 1731. HB 1743'

,,Do pass. Do pass. Do pass. Do Pass'

HB 1603. Do pass.

HB 1761 - Do Pass-

HB 1604. Do pass.

HB 1762. Do pass.

HB 1606. Do pass.

HB 1764. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the Official Code of Georgia Annotated, relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any mu nicipality located wholly or partially within any such county.

SB 345. By Senator Engram of the 34th:
A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to make it unlaw-

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1001

ful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale.
SB 355. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for violations of county ordi nances, so as to change the conditions under which persons may be arrested prior to trial for violations of county ordinances.
SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Anno tated, relating to limitations on certain municipalities to annex property pursu ant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities; to provide an effec tive date.
SB 459. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to periods of limitation and repose for actions for medical malpractice, so as to provide a procedure whereby a potential defendant in an action for medical malpractice may petition the probate court for the appoint ment of a guardian ad litem for a potential plaintiff who is under a disability.
SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section.
SB 551. By Senator Greene of the 26th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restora tion fees; to provide for practices and procedures.
SB 552. By Senator Greene of the 26th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws per taining to traffic and motor vehicles, so as to provide for the reinstatement of licenses; to provide for restoration fees; to provide for practices and procedures.
SR 396. By Senators Barnes of the 33rd, Greene of the 26th and Deal of the 49th:
A resolution creating the Senate Boat Operators Licensing Study Committee.
HB 335. By Representatives Peters of the 2nd, Hays of the 1st, Ramsey of the 3rd and Oliver of the 1st:
A bill to provide for an additional judge of the superior courts of the Lookout Mountain Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors.

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HB 1154. By Representative Childs of the 53rd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentences by the judge in criminal cases generally, so as to provide that the judge shall have no authority to change a sentence after 60 days have passed from the imposition of such sentence.
HB 1193. By Representative Ramsey of the 3rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county.
HB 1273. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd and others:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country.
HB 1282. By Representatives Robinson of the 58th and Byrd of the 153rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975;" to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful.
HB 1342. By Representatives Smith of the 78th, Copelan of the 106th, Porter of the 119th, Waldrep of the 80th, Jamieson of the llth and others:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the ter mination of the period thereof, or upon release from confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant.
HB 1349. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State De pository Board to use the investment pool.
HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others:
A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condem nation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain.

WEDNESDAY, FEBRUARY 19, 1986

1003

HB 1369. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is suspended; to repeal cer tain provisions relating to revocation of probation without notice to the probationer.
HB 1370. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a speci fied minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions.
HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices.
HB 1464. By Representatives Wilson of the 20th, Buck of the 95th, Alford of the 57th, Dover of the llth, Williams of the 6th and others:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax re funds, so as to include within the definition of claimant agency certain state agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs.
HB 1477. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to authorize counties and municipalities to enter into contracts under which counties shall furnish municipal court services through the officers, personnel, and facilities of the magistrate courts; to author ize officers and personnel of magistrate courts to serve in municipal courts pursu ant to such contracts.
HB 1480. By Representative Birdsong of the 104th:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax offi cials, so as to provide for the filling of a vacancy in the office of county tax re ceiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections.
HB 1488. By Representative Bostick of the 138th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office.

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HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th:
A bill to amend Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations".
HB 1500. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Univer sity of Georgia, so as to extend the time of issuance of such license plates.
HB 1545. By Representatives Byrd of the 153rd, Selman of the 32nd, Jackson of the 65th, Copelan of the 106th, Hudson of the 117th and others:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifica tions for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses.
HB 1573. By Representatives Dobbs of the 74th, Colwell of the 4th, Hays of the 1st and Cox of the 141st: A bill to amend Code Section 50-16-161 of the Official Code of Georgia Anno tated, relating to the applicability to movable personal property of the Central Inventory of Personal Property maintained by the Department of Administrative Services, so as to change the applicability of such laws; to change the provisions relating to acquisition costs; to change the provisions relating to including addi tional items in an agency's personal property inventory.
HB 1638. By Representatives Colwell of the 4th and Hays of the 1st:
A bill to amend Code Section 42-5-59 of the Official Code of Georgia Annotated, relating to the employment of inmates in the community, so as to provide that the commissioner of corrections may make deductions from the income of those inmates authorized to work at paid employment for any necessary medical ex penses incurred by the Department of Corrections on behalf of such inmates.
HR 461. By Representatives Cox of the 141st, Hanner of the 131st, Bargeron of the 108th, Long of the 142nd, Sherrod of the 143rd and others:
A resolution deploring the decisions of the three-judge panels of the Eleventh U.S. Circuit Court of Appeals relative to the ordering of new trials for Carl Isaacs, George Dungee, and Wayne Coleman.
HR 482. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas County, Georgia.
HR 507. By Representatives Hays of the 1st, Colwell of the 4th and Peters of the 2nd:
A resolution authorizing the conveyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee.
HR 572. By Representative Reaves of the 147th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Brooks County, Georgia, to the Brooks County Board of Commissioners.

WEDNESDAY, FEBRUARY 19, 1986

1005

HR 633. By Representative Long of the 142nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County to the City of Cairo.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bond Bowen BDBBrrroaannuntn.l,oeonyf 46th
Brown of 47th Burton
Cobb Coleman Dawkins Deal English

Engram Fincher Foster Garner Gillis Harris ,,HHH.omarlleroiswoany
Horton Howard
Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Phillips pa RS,D-, ceodjjtdt-isohu,f 2,, nd,
tarr Stumbaugh
Tate Timmons Tolleson Turner Tysinger

Those not answering were Senators:

Barnes Bryant Coverdell

Dean Greene Langford

Scott of 36th Trulock Walker

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Jim Mcllrath, pastor of Reidsville United Methodist Church, Reidsville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 415. By Senator Howard of the 42nd:
A resolution commending the Alzheimer's Disease Study Committee of the De partment of Human Resources and recommending their findings.

SR 419. By Senators Greene of the 26th, Harris of the 27th and Howard of the 42nd: A resolution commending William Charles Hampton.

SR 420. By Senators Gillis of the 20th, Kennedy of the 4th, Bryant of the 3rd and others: A resolution commending the Paul Anderson Youth Home.

SR 424. By Senator Garner of the 30th: A resolution relative to Youth Art Month in Georgia.

SR 425. By Senators Harrison of the 37th, Tolleson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A resolution commending Robert W. Hays, Professor Emeritus at Southern Technical Institute.

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JOURNAL OF THE SENATE

SR 426. By Senator Barnes of the 33rd: A resolution in memory of Joe Lemuel Poole.

SR 429. By Senator McGill of the 24th:
A resolution commending the Washington-Wilkes High School Tigers football team and inviting them to appear before this body.

SR 430. By Senator McGill of the 24th:
A resolution commending Marion "Butch" Brooks and inviting him to appear before this body.

SR 431. By Senators Starr of the 44th and Horton of the 17th:
A resolution commending the Clayton County Council of Parent Teacher Associations.

SR 432. By Senators Starr of the 44th, Cobb of the 28th and Horton of the 17th: A resolution commending Mr. J. E. "Gene" Sutherland.

SR 433. By Senator McGill of the 24th:
A resolution encouraging textile manufacturers to place "Grafted With Pride In The USA" logos on the exterior of textiles.

SR 434. By Senator Burton of the 5th: A resolution expressing regret at the passing of Jack Edwards.

Senator Baldwin of the 29th introduced Coach William Oliver Hunnicutt, who was com mended by SR 381 adopted previously, and he briefly addressed the Senate.

The following resolution of the Senate was read and adopted:

SR 414. By Senator Howard of the 42nd: A resolution commending the Georgia Citizens for the Arts.

Senator Howard of the 42nd introduced a group of ladies who are members of Georgia Citizens for the Arts.

Senator Engram of the 34th moved that the following bill of the Senate be withdrawn from the Senate Committee on Banking and Finance and committed to the Senate Commit tee on Consumer Affairs:

SB 431. By Senators Engram of the 34th, Garner of the 30th and Barnes of the 33rd:
A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts and limitations on the time price differential under "The Retail Installment and Home Solicitation Sales Act," so as to change the time price differential on revolving accounts.

On the motion, Senator Engram of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Deal

Engram Garner Greene

Harris Harrison Hine

WEDNESDAY, FEBRUARY 19, 1986

1007

Horton Howard Muggins

Land Scott of 2nd Tate

Tolleson Trulock Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bwen
BrantT Broun "of 46th Bryant Burton Cobb Coleman

Dawkins Dean English Fincher Foster
Gillis Holloway Hudgins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips Ray
Reddish Scott of 36th Starr Stumbaugh Turner Walker

Those not voting were Senators:

Brown of 47th Coverdell

Langford

Timmons

On the motion, the yeas were 18, nays 34; the motion was lost, and SB 431 was not withdrawn from the Senate Committee on Banking and Finance and committed to the Sen ate Committee on Consumer Affairs.

Senator Broun of the 46th introduced ladies who make up the various women's athletic teams at the University of Georgia, and who were commended by resolutions adopted previ ously by the Senate.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 19, 1986
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 556 Brantley, 56th Barnes, 33rd Tolleson, 32nd Harrison, 37th Cobb County
Amends Act creating State Court; abolishes second division of State Court of county and office of associate judge of State Court; provides for related mat ters.

SB 557 Brantley, 56th Barnes, 33rd Tolleson, 32nd

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Harrison, 37th Cobb County
Continues amendment which relates to city of Marietta and its board of lights and water works and their powers with respect to utility operations and financing.
HB 1398 Timmons, llth Hudgins, 15th Chattahoochee County
Continues amendment which relates to creating an elected five-member board of education for county; provides authority for this Act.
HB 1399 Timmons, llth Hudgins, 15th Chattahoochee County Continues amendment which relates to providing for appointment of county school superintendent of county by county board of education.
HB 1400 Timmons, llth Hudgins, 15th Chattahoochee County Continues amendment which relates to authorizing governing authority of county to assess and collect license fees and taxes upon businesses located in county but outside limits of any incorporated municipality; provides author ity.
HB 1401 Timmons, llth Hudgins, 15th Chattahoochee County Continues amendment which relates to creation of Chattahoochee County In dustrial Development Authority; provides authority.
HB 1402 Timmons, llth Hudgins, 15th Chattahoochee County Continues amendment which relates to providing for office of sheriff of county and for future amendment by local Acts of General Assembly; pro vides authority for this Act.
HB 1531 Foster, 50th Stephens County Continues amendment creating Stephens County Development Authority.
HB 1596 Horton, 17th Butts County Amends Act abolishing fee system of compensating clerk of Superior Court and provides in lieu thereof an annual salary; changes certain provisions re lating to compensation of clerk of superior court.
HB 1603 Allgood, 22nd Albert, 23rd Richmond County Amends Act regulating public instruction for county of Richmond; changes

WEDNESDAY, FEBRUARY 19, 1986

1009

date of appointment and expiration of term of superintendent to allow an orderly implementation.
HB 1604 Horton, 17th Henry County
Amends Act placing sheriff, probate judge, clerk of superior court, and tax commissioner on an annual salary; changes compensation of said officers.
HB 1606 Horton, 17th Henry County
Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in said county during designated registra tion periods as provided in the Official Code of Georgia.
HB 1673 Brannon, 51st Pickens County
Amends Act creating office of commissioner; changes compensation of com missioner.
HB 1710 Harrison, 37th Brannon, 51st Cherokee County
Amends Act providing for membership of board of education of county by board from its own membership.
HB 1711 Baldwin, 29th Garner, 30th City of Carrollton Carroll County
Amends Act extending corporate limits of city; de-annexes and excludes cer tain property from city.
HB 1724 Timmons, llth Hudgins, 15th Chattahoochee County Amends amendment which was proposed by Res. Act No. 196 of the 1972 General Assembly so as to provide for the operating expenses required in discharging the duties of the office of sheriff.
HB 1728 McGill, 24th Lincoln County
Amends Act consolidating office of tax receiver and tax collector into office of tax commissioner; changes compensation of tax commissioner.
HB 1730 McGill, 24th Lincoln County
Provides for election of members of Board of Education.
HB 1731 McGill, 24th Lincoln County
Amends Act creating board of commissioners; changes composition of board; changes manner of electing members of board.

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HB 1743 Perry, 7th Ware County
Provides for compensation of coroner of county; provides for payment of such compensation; provides that fees, costs, commissions, allowances, mon eys, and other emoluments and perquisites shall become the property of county.

HB 1761 Timmons, llth Miller County
Amends Act changing method of selecting members of Board of Education; re-apportions education districts of said county.

HB 1762 Timmons, llth Miller County
Amends Act creating State Court; changes salary of judge and solicitor of said court.

HB 1764 Timmons, llth City of Camilla Mitchell County
Amends Act creating new charter for city; provides for two voting districts, with three councilmen to be elected from each district; provides qualifica tions; provides for elections by voters from such districts.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
Bowen Brantley
Broun of 46th Brown of 47th BBruyrtaonnt Cobb Coleman Coverdell Dawkins Deal Dean

English Engrain Fincher Foster
Gillis Greene
Harrig ^.^
Hlne Holloway Horton Howard Hudgins Huggins Kennedy

Kidd Land McGill Peevy
Phillips Reddish
Scott of 2nd Scott of 36th S_ tarr Stumbaugh Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood Bond Brannon Garner

Langford McKenzie Perry

Ray Tate Timmons

WEDNESDAY, FEBRUARY 19, 1986

1011

On the passage of all the local bills, the yeas were 46, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, February 19, 1986
TWENTY-NINTH LEGISLATIVE DAY
SB 56 Hospital Authority--lease, sale approved at referendum (SUBSTITUTES) (Hum R--28th)
SB 480 Certain Full-time Peace Officers--minimum monthly salaries (Gov Op--46th) SB 325 Processioning of Property Boundaries--not apply to counties over 125,000 (SUB
STITUTE) (AMENDMENT) (U&CA-G--9th) SB 482 Selling, Distributing Drugs at Wholesale--registration of those in business (Hum
R--28th) SB 537 Residential Condominium Sale--manner of preparation of certain documents
(I&L--33rd) HB 1235 Municipal Elections--selecting polling places (Gov Op--25th) HB 1365 Controlled Substances Act--annual report on proceeds of forfeited property
(Pub Saf--28th) HB 1353 Bad Checks--change fee retailer seller may charge (B&F--15th) HB 1158 Controlled Substances--change definitions and listing (Hum R--25th) HB 1208 Certain School Property--lease (Ed--14th) HB 395 Forsyth County--homestead exemption (SUBSTITUTE) (B&F--49th) HB 509 Homestead Exemption--certain disabled veterans (SUBSTITUTE)
(B&F--15th) HB 775 Cigars--change rate of taxation (B&F--20th) HB 1066 Certain Vehicles Transporting Hay Bales--permit on weight limit (SUBSTI
TUTE) (Trans--27th) HB 1177 State Board of Nursing Home Administrators--continuation (SUBSTITUTE)
(Hum R--42nd) HB 1233 Counties With More Than Two Terms of Court--duties of grand jury (AMEND
MENT) (Judy--49th) HB 1293 Metropolitan Area Planning and Development Commission--agent for certain
projects (AMENDMENT) (U&CA-G--32nd) HB 1354 Bad Checks--standardize charges which may be imposed (B&F--15th) HB 1376 Farm Loans--borrower must earn 25% of livelihood from agriculture (Ag--24th) HB 1378 County Tax Receivers, Collectors, Commissioners--certain qualifications not re
quired certain ones (U&CA-G--8th) HR 330 Colonel Mancel Newman Bridge--designate (Trans--33rd) HR 578 Social Security Act--urge Congress to adopt legislation relating to (Hum
R--42nd) HR 591 R. Sidney Lowrey, Sr. Memorial Bridge--designate (Trans--31st) HB 1330 Medical Assistance Recipients--nursing home semiprivate rooms (SUBSTI
TUTE) (Hum R--25th)
Respectfully submitted,
/a/ Holloway of the 12th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 420. By Senators Turner of the 8th, McKenzie of the 14th, Harris of the 27th 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 legislative findings, determinations, and declarations; to change the pur poses of the authority; to change the powers of the authority; to change defini tions; to change the composition of the authority's membership; to provide for unsecured loans.

The House amendment was as follows: Amend SB 420 as follows: On Page 29, lines 21 through 33, delete the following:

"(9) To the extent that the state ceiling allocation in Georgia between the Georgia Resi dential Finance Authority, urban residential finance authorities, and housing authorities im posed by and defined in the Mortgage Subsidy Bond Tax Act of 1980 is hereafter changed by Congress so that the allocation formula and procedure provided for by this subsection is no longer permitted by federal law, the Governor shall have the power and authority to prescribe an allocation among the aforementioned authorities until such time as the General Assembly can prescribe for the same by law."

Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 420.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bond Bowen Broun of 46th B_Brroywannt of 47th BCoubrtbon
Coleman Coverdell Dawkins Deal English

Engram Fincher Foster Garner Gillis Greene H.H..mareris HHoolrltoownay
Hudgins Huggins Kennedy Kidd Land

McGill McKenzie Peevy Perry Reddish Scott of 2nd oagcta~o+rt+rt notr Q3Co*tVn, S_ tumb, augh
TMate Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Brannon Brantley

Dean Harrison Howard Langford

Phillips Ray Timmons Walker

WEDNESDAY, FEBRUARY 19, 1986

1013

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 420.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 56. By Senator Cobb of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the General Assembly may, by local law applicable to any particular hospital authority, provide that any sale or lease of all or part of a project must, in order to become effective, be approved at a referendum by the voters.
The Senate Committee on Human Resources offered the following substitute to SB 56:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that certain proceeds received from the sale or lease of certain hospital authority projects will be used in funding the provision of hospital care for certain indigent persons; to provide for procedures and conditions relating thereto; to provide exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by inserting immediately following Code Section 31-7-75 a new Code section, to be designated Code Section 31-7-75.1, to read as follows:
"31-7-75.1. (a) The proceeds from any sale or lease of all or part of a project of a hospi tal authority, which proceeds shall not include funds required to pay off the bonded indebt edness of the sold or leased project or any expenses of the authority attributable to the sale or lease, shall be deposited by the authority in an irrevocable interest-bearing account. That account shall be used exclusively for funding the provision of hospital care for the indigent residents of the political subdivision by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable account are less than $100,000.00, the principal amount of that account may be used to fund the provision of indigent hospital care; otherwise, only the interest from that account may be used for that care.
(b) In the event a hospital authority which sold or leased part or all of a project was activated by or created for more than one political subdivision, each such constituent politi cal subdivision's portion of the irrevocable account for indigent hospital care shall be deter mined by multiplying the amount of that account by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined popu lation of all the political subdivisions by which or for which the authority was activated or created.
(c) For purposes of hospital care for the indigent under this Code section, the standard of indigency shall be that determined under Code Section 31-8-43, relating to standards of indigency for emergency care of pregnant women, based upon 125 percent of the federal poverty level.
(d) A local law may not provide for the use of proceeds from any sale or lease of all or part of a project of a hospital authority otherwise than as provided in this Code section, notwithstanding any other law to the contrary.
(e) This Code section shall not apply to a reorganization."

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JOURNAL OF THE SENATE

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute to SB 56 offered by the Senate Committee on Human Resources, the yeas were 0, nays 35, and the substitute was lost.
Senators Cobb of the 28th and Howard of the 42nd offered the following substitute to SB 56:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that certain proceeds received from the sale of certain hospital authority projects will be used in funding the provision of hospital care for certain indigent persons; to provide for procedures and conditions relating thereto; to provide exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by inserting immediately following Code Section 31-7-75 a new Code section, to be designated Code Section 31-7-75.1, to read as follows:
"31-7-75.1. (a) The proceeds from any sale of all or part of a project of a hospital au thority, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold project or any expenses of the authority attributable to the sale, shall be depos ited by the authority in an irrevocable interest-bearing account. That account shall be used exclusively for funding the provision of hospital care for the indigent residents of the politi cal subdivision by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable account are less than $100,000.00, the principal amount of that account may be used to fund the provision of indigent hospital care; otherwise, only the interest from that account may be used for that care.
(b) In the event a hospital authority which sold part or all of a project was activated by or created for more than one political subdivision, each such constituent political subdivi sion's portion of the irrevocable account for indigent hospital care shall be determined by multiplying the amount of that account by a figure having a numerator which is the popula tion of that political subdivision and a denominator which is the combined population of all the political subdivisions by which or for which the authority was activated or created.
(c) For purposes of hospital care for the indigent under this Code section, the standard of indigency shall be that determined under Code Section 31-8-43, relating to standards of indigency for emergency care of pregnant women, based upon 125 percent of the federal poverty level.
(d) A local law may not provide for the use of proceeds from any sale of all or part of a project of a hospital authority otherwise than as provided in this Code section, notwith standing any other law to the contrary.
(e) This Code section shall not apply to a reorganization."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute offered by Senators Cobb of the 28th and Howard of the 42nd, the yeas were 36, nays 0, and the substitute was adopted.

WEDNESDAY, FEBRUARY 19, 1986

1015

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate
Timmons Tolleson Trulock Turner
Tysinger Walker

Those voting in the negative were Senators:

Barker

Bryant

Dawkins

Not voting was Senator Langford.

On the passage of the bill, the yeas were 52, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 480. By Senators Broun of the 46th, Hudgins of the 15th, Kidd of the 25th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide minimum monthly salaries for certain full-time peace officers; to provide for applicability; to provide for a statement of intent; to provide for con struction; to provide an effective date.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Paul Broun

State Senator

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

1016

JOURNAL OF THE SENATE

DATE: SUBJECT:

February 19, 1986
Revised Fiscal Note--Senate Bill 480 (LC 9 4468) Peace Officers--Minimum Salaries
This Bill would provide for a minimum salary of $975 per month for full time peace officers to be paid for from funds of the employer. The minimum salary would be in addition to any expenses which are otherwise payable to or on behalf of such persons. This Bill would apply to any person defined as a peace officer by Code Section 35-8-2 and who is certified under the Georgia Peace Officer Standards and Training Act. Employers are identified as the State of Georgia, or any department, board, bureau, commission, agency, au thority, county, municipal corporation, or other political subdivision thereof.
The fiscal impact of this Bill on state and local expenditures cannot be determined as current data is not available on the number of state and local peace officers whose starting salaries are below $975 per month. The informa tion necessary to calculate the fiscal impact could be accumulated, however, to do so would require the surveying of each governmental entity employing peace officers affected by the Bill. This process would require an extensive amount of time and resources and the time required to conduct a survey could be longer than the remaining time of the 1986 General Assembly.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Albert of the 23rd offered the following amendment:
Amend SB 480 by adding on Page 2, line 27, after the word "employer" the following:
"and the State of Georgia."
and by amending on Page 2, line 11, Section 2 so that Section 2 reads as follows:
"Section 2. This Act shall become effective on January 1, 1987, contingent upon state appropriations to each local government in the amount of the difference between the salary paid by such local government on January 1, 1987 and the state minimum salary set forth in the new Code Section 35-1-9."

Senator Broun of the 46th moved that SB 480 be placed on the Table.

On the motion, the yeas were 38, nays 5; the motion prevailed, and SB 480 was placed on the Table.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1794. By Representative Johnson of the 72nd:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to unlawful interference with custody of a child or other person whose custody is entrusted to another individual, so as to provide that it shall consti tute the offense of interstate interference with custody for a person to retain possession of a child or other person in another state, in violation of lawful cus tody, after the expiration of a visitation right.

WEDNESDAY, FEBRUARY 19, 1986

1017

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to authorize certain changes in the qualifications of such office by local law.
The following bill of the House was read the first time and referred to committee:
HB 1794. By Representative Johnson of the 72nd:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to unlawful interference with custody of a child or other person whose custody is entrusted to another individual, so as to provide that it shall consti tute the offense of interstate interference with custody for a person to retain possession of a child or other person in another state, in violation of lawful cus tody, after the expiration of a visitation right. Referred to Committee on Children and Youth.
The following general bill of the Senate, having been read the third time on February 7 and committed to the Senate Committee on Urban and County Affairs, and favorably re ported by the committee, was put upon its passage:
SB 325. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties.
The Senate Committee on Urban and County Affairs offered the following substitute to SB 325:
A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the powers, duties, practices, and procedures in connection with the processioning of property boundaries; to provide for dis qualifications for professioners and surveyors; to provide for notices; to provide that such article and the processioning proceedings authorized under such article shall not apply to property located within the corporate limits of any municipality or to any property located in certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, is amended by striking Code Section 44-41, relating to appointment of processioners, and inserting in lieu thereof a new Code Section 44-4-1 to read as follows:
"44-4-1. Every other year, the judge of the probate court of each county shall appoint nine suitable persons in the county who shall be processioners of land for that county until their successors are appointed. In addition to such nine processioners, the judge of the pro bate court may appoint one or more temporary processioners in any case in which any processioner is disqualified to serve. No processioner shall serve in any proceeding in which he or she would be disqualified to act under Code Section 15-1-8 if such processioner were a

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JOURNAL OF THE SENATE

judge of a superior court and the proceeding was before such court. The judge of the pro bate court shall appoint one of such processioners as chairman of the board of processioners. Vacancies may be filled at any time in the same manner as appointments are made. If no processioners are thus appointed, the judge of the probate court shall appoint processioners at any regular term on the application of any landowner. The power to appoint procession ers under this Code section is expressly removed from the board of commissioners in each and every county of this state having such a board."
Section 2. Said article is further amended by striking Code Section 44-4-2, relating to applications for new surveys and marking of lines, and inserting in lieu thereof a new Code Section 44-4-2 to read as follows:
"44-4-2. Every owner of land, any portion of which lies in any county even if the re mainder lies in an adjoining county, who desires the lines around his entire tract to be resurveyed and re-marked shall apply to the chairman of the board of processioners of the county to appoint a day when five of the members of the board selected as provided in subsection (b) of this Code section, along with the county surveyor or another surveyor ap pointed by the judge of the probate court in any case in which the county surveyor has received any fee for surveying any property of any party to the processioning proceeding within the proceeding 12 months, will trace and mark the lines. Ten days' written notice of the time of the running and marking shall be given to all the owners of adjoining lands if they are residents of this state. Such notice shall also include the names of the members of the county board of processioners and a statement that any party to a processioning pro ceeding should notify the judge of the probate court at least four days prior to the date set for tracing and marking the line if any member should be disqualified to serve in such pro ceeding. Upon receipt of any such notice, the judge of the probate court is authorized to appoint a temporary processioner for such proceeding. On the day of the proceeding and before the line is traced and marked, the owner of the land requesting the proceeding shall strike two processioners and the owners of the adjoining land shall collectively strike two processioners. The remaining five processioners shall then proceed to trace and mark the property line as provided in this article. The processioners shall not proceed to run and mark the lines until satisfactory evidence of the service of the notice is presented to them."
Section 3. Said article is further amended by adding at the end thereof a new Code Section 44-4-11 to read as follows:
"44-4-11. The provisions of this article shall not apply to property located within the corporate limits of any municipality or to any property located within any county having a population of 165,000 or more according to the United States decennial census of 1980 or any future such census."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Phillips of the 9th offered the following amendment:
Amend the substitute to SB 325 offered by the Senate Committee on Urban and County Affairs on Page 1, line 9, by deleting the word, "professioners", and inserting in lieu thereof the word, "processioners";
and
By deleting on Page 3, line 10, the word, "proceeding", and inserting in lieu thereof the word, "preceding".
On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

WEDNESDAY, FEBRUARY 19, 1986

1019

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes English

McGill

Tate

Stumbaugh

Those not voting were Senators:

Bowen

Brannon

Langford

On the passage of the bill, the yeas were 48, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 482. By Senator Cobb of the 28th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen

Broun of 46th Brown of 47th Bryant Burton Cobb Coverdell

Dawkins Deal Dean English Engram Foster

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JOURNAL OF THE SENATE

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd McGill McKenzie Peevy Perry Phillips Ray Reddish

Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon Brantley

Coleman Fincher Land

Langford Scott of 2nd

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House was read and put upon its adoption:

HR 765. By Representatives Murphy of the 18th, McDonald of the 12th, Lee of the 72nd and Burruss of the 20th:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 21, 1986, and to reconvene at 10:00 o'clock A.M. on Monday, February 24, 1986.

Senator Starr of the 44th offered the following amendment: Amend HR 765 by striking on Page 1, line 4, the following figures and symbols: "21, 1986," ; and inserting in lieu thereof the following figures and symbols: "20, 1986," .

On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.

On the adoption of the resolution, the yeas were 34, nays 2.

The resolution, having received the requisite majority, was adopted as amended.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 186. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge.

WEDNESDAY, FEBRUARY 19, 1986

1021

The House amendment was as follows: Amend SB 186 by striking from lines 6 through 9 of Page 2 the following: "within 30 days after the approval of this Act, and he shall serve until the first day of January, 1987, and until his successor is duly elected and qualified", and inserting in its place the following: "for a term beginning July 1, 1986, and expiring December 31, 1988". By striking from line 9 of Page 2 the following: "1986",
and inserting in its place the following: "1988".
By striking from line 12 of Page 2 the following: "1987",
and inserting in its place the following: "1989".
By striking from line 6 of Page 5 the following: "1985",
and inserting in its place the following: "1986".

Senator Deal of the 49th moved that the Senate agree to the House amendment to SB 186.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond
BB/roawntnleyof. ,477fth, Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner
2Hmareason Holloway Horton Howard Hudgins Huggins Kennedy Kidd McGill

McKenzie Peevy Perry Phillips
Reddish SQcott of 36th tarr late Timmons Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Barker Brannon Broun of 46th

Gillis Greene Land

Langford Scott of 2nd

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JOURNAL OF THE SENATE

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 186.
Senator Kennedy of the 4th, President Pro Tempore, assumed the chair.
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 537. By Senators Barnes of the 33rd and Coverdell of the 40th:
A bill to amend Code Section 44-3-111 of the Official Code of Georgia Annotated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared; to provide for all related matters.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen
Brantley Brown of 47th Burton Cobb Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Those not voting were Senators:

Allgood Brannon Broun of 46th Bryant Coleman

Fincher Greene Kennedy (presiding) Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Turner Tysinger Walker
McKenzie Scott of 2nd Timmons Trulock

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1235. By Representative Wall of the 61st:
A bill to amend Code Section 21-2-266 and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the

WEDNESDAY, FEBRUARY 19, 1986

1023

comfort and convenience those places to be selected will provide for both electors and poll officers.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen

Engram Fincher Foster Garner Gillis Greene

Broun oyff 4,,6*th,. BBrroywannt of 47th
Burton Cobb Coverdell Dawkins Deal Dean

SHa"r"ns8on HHoinlleoway
Howard Hudgins Muggins Land McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd
SQcott of 36th ^Sttaurmr buaugh,
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Coleman

English Horton Kennedy (presiding)

Kidd Langford Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Cobb of the 28th introduced Georgia Soil Conservation District Supervisors who were commended by SR 390, adopted previously.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1365. By Representatives Lucas of the 102nd and Coleman of the 118th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, currency, and pro ceeds of forfeited property received and the expenditure of the funds during the previous 12 months.
Senate Sponsor: Senator Cobb of the 28th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1024

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Fincher Foster Garner Gillis Harrison Mine Holloway Horton Howard Hudgins Huggins Kidd Land

McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Tolleson Turner Tysinger

Those not voting were Senators:

Bond Brannon Engram Greene

Harris Kennedy (presiding) Langford

Starr Trulock Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1353. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Brown of 47th

Bryant Burton Cobb Coverdell Dawkins Deal Dean English Engram

Foster Garner Gillis Greene Harrison Hine Holloway Horton Howard

WEDNESDAY, FEBRUARY 19, 1986

1025

Hudgins Huggins Kidd Land McGill McKenzie

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th

Those not voting were Senators:

Starr Stumbaugh Tate Timmons Tolleson Turner

Brannon Broun of 46th Coleman Fincher

Harris Kennedy (presiding) Langford Peevy

Trulock Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1158. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs.
Senate Sponsors: Senators Kidd of the 25th and Fincher of the 54th.
Senator Dawkins of the 45th offered the following amendment:
Amend HB 1158 by adding after the first semicolon on line 5 of Page 1 the following:
"to amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the 'Georgia Drug and Cosmetic Act,' so as to provide for the cumulative effect of said chapter with respect to certain federal regulations relating to practices involving drugs; to provide for related matters;".
By renumbering Sections 8 and 9 as Sections 9 and 10, respectively, and by adding after Section 7 a new Section 8 to read as follows:
"Section 8. Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the 'Geor gia Drug and Cosmetic Act,' is amended by striking subsection (a) of Code Section 26-3-22, relating to the cumulative effect of said chapter with respect to other laws, and inserting in its place a new subsection (a) to read as follows:
'(a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any re quirements as prescribed by Part 6 of Article 2 of Chapter 4 of this title, Article 3 of Chap ter 13 of Title 16, the "Dangerous Drug Act," or Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act," or Title 21 C.F.R. 210, the federal "current good man ufacturing practices in manufacturing, processing, packing, or holding of drugs: general." ' "
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1026

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster
s Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips
Reddish Scott of ot ^a" , Stumbaugh late Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Garner

Hudgins Kennedy (presiding)

Langford Scott of 2nd

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1208. By Representatives Ray of the 98th, Sizemore of the 136th, Benefield of the 72nd, Lawler of the 20th, Heard of the 43rd and others:
A bill to amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational pur poses, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years.
Senate Sponsor: Senator McKenzie of the 14th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Howard Kidd Land McGill McKenzie Peevy Perry Phillips Ray Reddish

WEDNESDAY, FEBRUARY 19, 1986

1027

Scott of 36th Starr Stumbaugh

Tate Timmons Tolleson

Trulock Tysinger Walker

Those not voting were Senators:

Brannon Fincher Hudgins

Huggins Kennedy (presiding) Langford

Scott of 2nd Turner

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator McKenzie of the 14th moved that HB 1208 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1208 was imme diately transmitted to the House.

The following general bill of the House, having been read the third time on January 13, 1986, and committed to the Senate Committee on Banking and Finance, and favorably re ported by the committee, was put upon its passage:

HB 395. By Representative Barnett of the 10th:
A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth County who is 62 years of age or older and who meets certain income qualifications.

Senate Sponsor: Senator Deal of the 49th.

The following Fiscal Note, as required by law, was read by the Secretary:

MEMORANDUM

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

TO: FROM: DATE:

The Honorable Joe Mack Wilson, Chairman House Ways and Means Committee
W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget
February 5, 1985

SUBJECT:

Fiscal Note--House Bill 395 (LC 17 0376) Forsyth County: Homestead Exemption: Elderly
This Bill would increase the homestead exemption from ad valorem taxes for educational purposes for each resident of Forsyth County who is 62 years of age or older and who has a gross income from all sources not exceed ing $8,000. The exemption would not exceed $15,000 of the homestead's value. This Bill would also require the homestead exemption to be approved by the electors of Forsyth County in the November, 1986 general election.
This Bill would not affect state revenue. The Bill would impact only county revenue for educational purposes and would require the county to pay

1028

JOURNAL OF THE SENATE

the costs of the election to approve the increase in the homestead exemption. The fiscal impact to the county cannot be accurately determined but should be less than $5,000.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 395:

A BILL
To be entitled an Act to increase the amount of the exemption from ad valorem taxa tion 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; to provide for applications; to provide for exceptions to the exemption; to provide for related matters; to provide for the approval or disapproval of this Act by the voters of Forsyth County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The homestead of each resident of Forsyth County who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1987, has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding $12,000.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Forsyth County school district, including taxes to retire school bond indebtedness. The exemption shall not exceed $20,000.00 of the homestead's value.
(b) (1) The exemption provided for in subsection (a) of this section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the state revenue commissioner for that purpose, is filed with the tax commissioner of Forsyth County.
(2) The affidavit shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit;
(B) Total amount of income received by the owner from all sources during the immedi ately preceding calendar year;
(C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and
(D) Such additional information as may be required by the state revenue commissioner.
(3) Copies of all affidavits received or extracts of the information contained in the affi davits shall be forwarded to the state revenue commissioner by the tax commissioner of Forsyth County. The state revenue commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax docu ments or records of the department and to report immediately to the tax commissioner of Forsyth County any apparent discrepancies between the information contained in any affi davit and the information contained in any other tax records of the Department of Revenue.
(4) After the owner has filed the affidavit and has been allowed the exemption provided for in this section, it shall not be necessary to make application and file the affidavit there after for any yesr and the exemption shall continue to be allowed to such owner; provided,

WEDNESDAY, FEBRUARY 19, 1986

1029

however, that it shall be the duty of any such owner to notify the tax commissioner in the event the owner becomes ineligible for any reason for the exemption provided for in this section.

(c) The homestead exemption granted by this section shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders when such property is actually occupied as a residence by one or more of the titleholders who possess the qualifications provided in subsection (a) of this section and who claim the exemption in the manner provided for in this section. The exemption shall also extend to those home steads the title to which is vested in a personal representative or trustee if one or more of the heirs or beneficiaries residing on the property possess the qualifications provided for and claim the exemption in the manner provided in this section.

Section 2. The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $10,000.00 exemption from ad valorem taxation for educational purposes granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income qualifications of such general provisions. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act.

Section 3. The exemption granted by Section 1 of this Act shall not apply to or affect any county taxes other than for educational purposes, state taxes, or municipal taxes.

Section 4. Any person who as of January 1, 1987, has applied for and is eligible for the $10,000.00 exemption from ad valorem taxation for educational purposes granted by the general provisions of the Constitution and laws of this state to persons who meet the age and income requirements of such general provisions shall be eligible for the exemption granted by Section 1 of this Act without applying therefor.

Section 5. The value of any residence in excess of the amount exempted by Section 1 of this Act shall remain subject to taxation.

Section 6. Not less than 30 nor more than 60 days prior to the date of the November, 1986, general election, it shall be the duty of the election superintendent of Forsyth County to issue the call for an election for the purpose of submitting this Act to the electors of Forsyth County for approval or rejection. The superintendent shall set the date of such election for the date of the November, 1986, general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks imme diately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act increasing the amount of the homestead exemption from taxa tion for educational purposes granted to residents of Forsyth County who are age 62 or older and who meet certain income qualifications be ap proved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 5 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect.

The expense of such election shall be borne by Forsyth County. It shall be the duty of the superintendent to hold and conduct such election. It shall be the election superinten dent's further duty to certify the result thereof to the Secretary of State.

Section 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kidd Land McGill Peevy

Those not voting were Senators:

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th
Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Bowen Brannon Brantley

Broun of 46th Fincher Hudgins

Kennedy (presiding) Langford McKenzie

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of certain disabled veter ans and their families.
Senate Sponsor: Senator Hudgins of the 15th.

WEDNESDAY, FEBRUARY 19, 1986

1031

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 7, 1985

SUBJECT: Fiscal Note--House Bill 509 (LC 4-4552) Ad Valorem Tax Exemption

This Bill would grant disabled veterans a homestead exemption of $32,500 from state, county, municipal and school ad valorem taxation. The exemption is automatically renewed every year once it is filed and county boards of tax assessors may require substantiation of exemption eligibility no more than once every three years. The Bill requires that a referendum be held to approve this Act during the November, 1986 general election with a simple majority needed for passage. Wording for the ballot is specified in the Bill.

This Bill would have no fiscal impact on the state. Analysis by the De partment of Revenue indicates that the Bill would not affect the state's reve nue and would not result in additional administrative costs to the department.

Isl W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The Senate Committee on Banking and Finance offered the following substitute to HB 509:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation of the homestead of certain disabled veterans and their families; to provide for filing for the homestead exemption; to provide for substantia tion of continuing eligibility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, is amended by adding a new Code Section 48-5-48.3 immediately following Code Section 48-5-48.2 to read as follows:
"48-5-48.3. (a) (1) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption on his homestead of $32,500.00 or the max imum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended, which such veteran owns and actually occu pies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation.

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JOURNAL OF THE SENATE

(2) The term 'disabled veteran' as used in this Code section means a disabled wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans' Administration of the United States as being totally and permanently dis abled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability.
(b) Each disabled veteran as defined in this Code section shall file for the exemption only once in the county of residence. Once filed, the exemption shall automatically be re newed from year to year except as provided in subsection (c) of this Code section.
(c) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Broun of 46th Brown of 47th BBuryrtaonnt
Cobb Coleman Coverdell Dawkins Deal Dean English

Foster Garner Gillis Greene Harris Harrison Hme HHoolrltoownay
Howard Hudgins Huggins Kidd Land McGill McKenzie

Those not voting were Senators:

Peevy Perry Phillips Rav Reddish gcott of 2nd Scott of 36th 0St, umb, augh,
,iate limmons Tolleson Trulock Turner Tysinger Walker

Barker Bowen Brannon

Brantley Engram Fincher

On the passage of the bill, the yeas were 47, nays 0.

Kennedy (presiding) Langford Starr

WEDNESDAY, FEBRUARY 19, 1986

1033

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 775. By Representative Crosby of the 150th:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars.
Senate Sponsor: Senator Gillis of the 20th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

W. M. Nixon, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 20, 1985

SUBJECT: Fiscal Note--House Bill 775 (LC 14-3931) Excise Tax: Cigars

This Bill would set the state excise tax for cigars weighing more than three pounds per thousand at 13 percent of the wholesale cost price, exclu sive of any discounts or allowances. Under current law, the state excise tax rate is 15 percent.

The Department of Revenue has estimated that this Bill would decrease state revenue from the excise tax by approximately $200,756 during fiscal year 1986.

/s/ W. M. Nixon State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Dean English Engram Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Howard Hudgins Huggins Kidd Land McGill Peevy Perry Phillips

1034

JOURNAL OF THE SENATE

Ray Reddish Scott of 2nd Scott of 36th

Tate Timmons Trulock

Turner Tysinger Walker

Voting in the negative was Senator Deal.

Those not voting were Senators:

Brannon Brantley Fincher

Kennedy (presiding) Langford McKenzie

Starr Stumbaugh Tolleson

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding announced that the Senate would stand in recess from 12:30 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1066. By Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th and Greene of the 130th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales.
Senate Sponsor: Senator Harris of the 27th.

The Senate Committee on Transportation offered the following substitute to HB 1066:
A BILL
To be entitled an Act to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transport ing hay bales; to provide for permit fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, is amended by striking paragraph (1) of subsection (a) and inserting in its place a new para graph to read as follows:
"(1) The commissioner or an official of the department designated by the commissioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's pub lic roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to un-

WEDNESDAY, FEBRUARY 19, 1986

1035

duly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, con crete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that they can be readily dismantled or sepa rated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width."
Section 2. Said Code section is further amended by adding at the end of paragraph (1) of subsection (c) a new subparagraph (H) to read as follows:
"(H) For loads of round hay bales which do not exceed 11 feet wide ......... 100.00
Provided that the annual permit shall specify the route or routes upon which such loads may be operated."
Section 3. Said Code section is further amended by adding to paragraph (3) of subsec tion (c), immediately following subparagraph (D) of said paragraph (3) and immediately before the undesignated language at the end of said paragraph (3), a new subparagraph (E) to read as follows:
"(E) Loads of round hay bales which do not exceed 11 feet wide............. 10.00"
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun of 46th Bryant Cobb Coleman Dawkins

Deal Foster Garner Harris Hine Holloway Horton Huggins Kennedy Peevy

Those not voting were Senators:

Ray Reddish Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Tysinger Walker

Albert Bond Brannon Brantley BBruorwtonn of 47th
Coverdell
Dean
English

Engram Fincher Gillis Greene HHoarwriasrodn
Hudgins
Kidd
Land

Langford McGill McKenzie
PTP.ehUrl-lrHhy- P s Scott of 2nd Timmons Turner

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On the passage of the bill, the yeas were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1579. By Representatives Bishop of the 94th, Dixon of the 151st and Walker of the 85th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of distilled spirits, so as to provide that certain munici palities may authorize the manufacture, sale or distribution of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1177. By Representatives Childers of the 15th, Athon of the 57th and Richardson of the 52nd:
A bill to amend Code Section 43-27-12 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Nursing Home Administrators, so as to provide for the continuation of that board but provide for the later ter mination of that board and the repeal of the laws relating thereto.
Senate Sponsor: Senator Howard of the 42nd.
The Senate Committee on Human Resources offered the following substitute for HB 1177:
A BILL
To be entitled an Act to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change certain definitions re garding to which persons the board's authority applies; to change the provisions relating to removal of members from the State Board of Nursing Home Administrators; to change the general powers and duties of that board; to change the requirements for licensure; to change the reciprocity provisions; to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by striking paragraph (2) of Code Section 43-27-1, relating to definitions affecting nursing home administrators, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Nursing home' has the same meaning as prescribed by the Department of Human Resources in the rules and regulations for nursing homes."

WEDNESDAY, FEBRUARY 19, 1986

1037

Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administrators, and inserting in its place a new subsection to read as follows:
"(b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appoint ment to the vacant position."
Section 3. Said chapter is further amended by striking Code Section 43-27-4, relating to the board's authority to determine qualifications of administrators, and inserting in its place a new Code Section 43-27-4 to read as follows:
"43-27-4. The board shall have sole and exclusive authority to determine the qualifica tions, skill, and fitness of any person to serve as an administrator of a nursing home under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of a nursing home."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 43-27-5, relating to general powers of the board, and inserting in its place a new subsection to read as follows:
(a) The board shall have the following powers and duties:
(1) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure;
(2) To deny, suspend, revoke, or otherwise sanction licenses to practice as a nursing home administrator;
(3) To initiate investigations for the purpose of discovering violations of this chapter;
(4) To initiate investigations for the purpose of discovery of violations of the rules, regulations, or statutes of the Department of Medical Assistance or the Department of Human Resources, provided that the board shall investigate those violations which result in the revocation, limitation, or restriction of participation of the nursing home in the medical assistance program or the license issued by the Department of Human Resources and make written findings as to the causes of the alleged violations;
(5) To conduct hearings upon charges into alleged violations of this chapter;
(6) To prepare or approve all examinations for licensure as a nursing home administrator;
(7) To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a nursing home administrator;
(8) To conduct a continuing study and investigation of nursing homes and administra tors of nursing homes within the state for the purpose of improving the standards imposed for the licensing of such administrators; and
(9) To adopt such rules and regulations as shall be reasonably necessary for the imple mentation and enforcement of this chapter. The board shall have the authority to establish, provide, or approve various education programs or courses for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as nursing home ad ministrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed nursing home administrators to attend such programs or courses as a prerequisite to their being issued any license renewal."
Section 5. Said chapter is further amended by striking subsection (b) of Code Section 43-27-6, relating to requirements for licensure, and inserting in its place a new subsection to read as follows:
"(b) The board shall issue licenses as nursing home administrators only to persons who:
(1) Are at least 21 years of age;
(2) Are of reputable and responsible character;

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JOURNAL OF THE SENATE

(3) Reserved;
(4) Meet the standards and the criteria established by the board to evidence the appli cant's qualifications by training and experience to operate a nursing home, provided that two years of experience working in a nursing home shall be equivalent to one year of any academic education and training requirements established by the board; and such experi ence may be substituted without limitation for such education and training requirements; and
(5) Satisfactorily pass a written or oral examination, or both, approved by the board to determine the qualifications of the applicant to operate a nursing home."
Section 6. Said chapter is further amended by striking Code Section 43-27-7, relating to reciprocity, and inserting in its place a new Code Section to read as follows:
"43-27-7. The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home administrator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board that such other state or national organization maintains a system and standard of qualifications and examinations for a nurs ing home administrator license or certificate which is substantially equivalent to those re quired in this state.
Section 7. Said chapter is further amended by striking Code Section 43-27-12, relating to the termination of the board, and inserting in its place a new Code section to read as follows:
"43-27-12. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Nursing Home Administrators shall be terminated on July 1, 1992, and this chap ter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal

Dean English Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Kennedy

Kidd McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate

WEDNESDAY, FEBRUARY 19, 1986

1039

Tolleson Trulock

Turner Tysinger

Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Albert Bond Brannon Brantley
Burton

Coverdell Engram Fincher Greene
Harrison

Muggins Land
Langford Timmons

On the passage of the bill, the yeas were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of the state court, so as to authorize certain changes in the qualifications of such office by local law.

The House substitute to SB 370 was as follows:

A BILL
To be entitled an Act to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to change the residency requirement for the office of solicitor of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, is amended by striking subsection (b) which reads as follows:
"(b) Each solicitor of the state court shall have been a resident of the geographic area in which he is selected to serve for one year next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for one year.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Each solicitor of the state court shall, on the date he takes office, permanently reside in the geographic area in which he is selected to serve, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for one year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Peevy of the 48th moved that the Senate agree to the House substitute to SB 370 as amended by the following amendment:
Amend the House substitute to SB 370 by adding on Page 1, line 22, after the word "law" and before the word "for" the following:
"in the State of Georgia".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal Dean English Foster

Garner Harris Hine Holloway Horton Howard Hudgins Kennedy Kidd McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert
Allgood B^Boownden Brannon
Brantley

Burton
Coverdell ETFTmngcrhiaemr Gillis
Greene

Harrison Huggins TLand,
Langford Timmons

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 370 as amended by the Senate.
Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.
The following general bills and resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court. Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following amendment to HB 1233: Amend HB 1233 by striking from lines 3 and 4 of Page 1 the following: "in counties in which more than two terms of court are held each year".

WEDNESDAY, FEBRUARY 19, 1986

1041

By striking from line 12 of Page 1 the following: "two grand juries", and inserting in its place the following: "one grand jury". By striking from lines 1 through 4 of Page 2 the following: "provisions of this subsection shall apply only to counties in which more than two terms of court are held in each year. In any county which is subject to this subsection the". By striking from line 9 of Page 2 the following: "two grand juries at at least two terms", and inserting in its place the following: "one grand jury at at least one term".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Foster Harris Hine Holloway Horton Howard Hudgins Kidd Land McGill McKenzie Peevy

Those not voting were Senators:

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Bond
Bowen Brannon Brantley Engram

Fincher
Garner Gillis Greene Harrison

On the passage of the bill, the yeas were 42, nays 0.

Huggins Kennedy (presiding)
Langford Timmons

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commis sions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto.
Senate Sponsor: Senator Tolleson of the 32nd.

The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1293 by striking from lines 9 through 11 of Page 3 the following: "which is in excess of $500,000.00 as that affected government's portion, unless", and inserting in its place the following: "unless that affected government's portion of that debt is". By adding before the period on line 15 of Page 3 the following: "if such debt is required to be so approved pursuant to Article IX, Section V of the Constitution".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Foster Garner Gillis Harris Hine Horton Howard Hudgins Huggins Kidd Land McGill

Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond
Brannon Brantley Bryant
Engram

Fincher
Greene Harrison Holloway
Kennedy (presiding)

Langford McKenzie
Phillips Timmons

WEDNESDAY, FEBRUARY 19, 1986

1043

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1354. By Representatives Pinkston of the 100th and Beck of the 148th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks.
Senate Sponsor: Senator Hudgins of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

English Foster Garner Gillis Harris Mine Horton Hudgins Huggins Kidd Land McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Walker

Those not voting were Senators:

Bond Bowen Brannon Brantley Dean Engram

Fincher Greene Harrison Holloway Howard

Kennedy (presiding) Langford McKenzie Timmons Tysinger

On the passage of the bill, the yeas were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1376. By Representatives Stancil of the 66th, Reaves of the 147th, Royal of the 144th, Balkcom of the 140th, Crawford of the 5th and others: A bill to amend Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Au thority, so as to provide that loans under the first-time farmer tax-free note pro gram of the authority may be made only to persons who have demonstrated an

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JOURNAL OF THE SENATE

ability and an intention to earn at least 25 percent of their livelihood from agri cultural operations.
Senate Sponsors: Senators McGill of the 24th and Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun of 46th BrBB.ruroyrwtaonnnt of 47th
Cobb Coleman Coverdell Dawkins Deal Dean

English Foster Garner Gillis Harris Harrison HTHHTmuodret.goinns
Huggins Kidd Land McGill McKenzie Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th oQ,,S,tt. aurmr b, augh,
,J** Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Bond Brannon Brantley

Engram Fincher Greene Holloway

Howard Kennedy (presiding) Langford Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1378. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, so as to pro vide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

WEDNESDAY, FEBRUARY 19, 1986

1045

Barker Barnes Bowen Brown of 47th Bryant Burton
Cobb Coleman Dawkins Deal Dean English Foster Garner

Gillis Greene Harris Harrison Mine Horton Howard Huggins Kidd
Land McGill McKenzie Peevy Perry

Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner
Tysinger Walker

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Bond Brannon Brantley Broun of 46th

Engram Fincher Holloway

Hudgins Kennedy (presiding) Langford

On the passage of the bill, the yeas were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HR 330. By Representative Thompson of the 20th: A resolution designating the Colonel Mancel Newman Bridge. Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean Engram Fincher Foster Garner Gillis Greene Harris Hine Horton Huggins Kidd

Land McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate

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JOURNAL OF THE SENATE

Timmons Trulock

Turner Tysinger

Walker

Those not voting were Senators:

Bond Brannon Brantley Broun of 46th

English Harrison Holloway Howard

Hudgins Kennedy (presding) Langford Tolleson

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 578. By Representatives Athon of the 57th, Pettit of the 19th, Hanner of the 131st and Sizemore of the 136th:
A resolution urging the Congress of the United States to adopt legislation relat ing to the Social Security Act.
Senate Sponsors: Senators Howard of the 42nd and Dawkins of the 45th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Dean English

Engram Fincher Foster Gillis Greene Harris Hine Horton Huggins Kidd McGill

McKenzie Peevy Perry Ray Scott of 2nd Starr Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Barnes Burton Coverdell

Deal Land Phillips

Stumbaugh Tysinger

Those not voting were Senators:

Baldwin Bond Bowen Brannon Brantley

Garner Harrison Holloway Howard Hudgins

Kennedy (presiding) Langford Reddish Scott of 36th Tolleson

WEDNESDAY, FEBRUARY 19, 1986

1047

On the adoption of the resolution, the yeas were 33, nays 8.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 32. By Senators Fincher of the 54th, Broun of the 46th and Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions.
The House substitute to SB 32 was as follows:
A BILL
To be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to pro vide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions; to provide for the powers, duties, and responsibilities of the Composite State Board of Medical Examiners as such relate to respiratory care; to provide for an advisory committee; to provide for the certification and regulation of respiratory care professionals, therapists, and technicians; to provide for qualifications; to provide conditions and procedures for certificate renewal and for certificate revocation or suspension; to prohibit a person from holding oneself out to be a certified respiratory care professional, therapist, or technician unless such person is certi fied; to provide penalties; to provide for related matters; to provide for the repeal of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
43-34-140. This article shall be known and may be cited as the 'Respiratory Care Prac tices Act.'
43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-142. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21.
(2) 'Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist' means a health care professional who is employed in the therapy, management, rehabilitation, diagnostic evaluation, education, and care of patients with defi ciencies and abnormalities which affect the pulmonary and cardiac systems.
43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification;
(2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article;

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(3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory earn professional, certified respiratory therapy technician, or registered respira tory therapist applicants and certificate holders under this article and conduct hearings in connection with these actions;
(4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;
(5) Establish application, examination, and certification fees;
(6) Request and receive the assistance of state educational institutions or other state agencies;
(7) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and re solved by the board. The board shall make the information available to the general public and appropriate state agencies; and
(8) Establish continuing education requirements.
43-34-144. At any time prior to July 1, 1987, the board may grant, upon application and payment of proper fees, a certificate without examination to a person who at the time of application holds a valid certificate as a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist issued by another state or any politi cal territory or jurisdiction acceptable to the board if in the board's opinion the require ments for that certification are substantially the same as the requirements of this article or to a person who at the time of application is a respiratory care professional, certified respir atory therapy technician, or registered respiratory therapist registered or certified by the National Board for Respiratory Care, Inc., or who otherwise meets the qualifications estab lished by the board.
43-34-145. (a) Each applicant for certification as a respiratory care professional, certi fied respiratory therapy technician, or registered respiratory therapist shall meet the follow ing requirements:
(1) Is at least 18 years of age;
(2) Has submitted a completed application as required by the board;
(3) Has submitted any fees required by the board;
(4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion admin ister or approve; and
(5) Has met such other requirements as may be prescribed by the board.
(b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter shall be working under the supervision or di rection of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter.
43-34-146. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-34-147. (a) Any document evidencing certification issued by the board is the prop erty of the board and must be surrendered on demand.
(b) The certificate holder shall display the document evidencing certification in an ap propriate and public manner.
(c) The certificate holder shall inform the board of any change of his address.
(d) The certificate shall be renewed biennially if the certificate holder is not in violation

WEDNESDAY, FEBRUARY 19, 1986

1049

of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board.
(e) Each person certified under this article is responsible for renewing his certificate before the expiration date.
(f) Under procedures and conditions established by the board, a certificate holder may request that his certification be declared inactive. The certificate holder may apply for ac tive status at any time and upon meeting the conditions set by the board shall be declared active.
43-34-148. (a) The board, in consultation with the advisory committee, may:
(1) Refuse to grant or renew certification to an applicant;
(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the certificate holder;
(3) Suspend the certificate of any certificate holder for a definite period or for an indefi nite period in connection with any condition which may be attached to the restoration of said certificate;
(4) Limit or restrict any certificate as the board deems necessary for the protection of the public;
(5) Revoke any certificate;
(6) Levy a fine; and
(7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct.
(b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has:
(1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; pro vided, however, that the applicant shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in ob taining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.

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The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treat ment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct or practice materially affects the fit ness of the certificate holder or applicant to practice a business or profession certified under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the certified business or profession but shows that the certificate holder or appli cant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession certified under this article;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been sus pended or revoked by the board to engage in any practice outside the scope of any discipli nary limitation placed upon the certificate holder by the board;
(8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the state examining board regu lating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hear ing, consent decree, or certification reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession certified under this arti cle with reasonable skill and safety to the public or has become unable to practice the certi fied business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-149. The board shall appoint a respiratory care advisory committee. The commit tee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advi sory duties and responsibilities as the board may determine.
43-34-150. (a) After July 1, 1986, it shall be unlawful for any person who is not certified under this article to use the title respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist or the letters RCP, CRTT, or RRT in any words, letters, abbreviations, or insignia so as to indicate or imply orally or in writing or in any other way that the person is certified under this article.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-34-151. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' "

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Section 2. This Act shall become effective upon necessary appropriations being specifi cally made by the Georgia General Assembly to fund this Act. If the General Assembly shall ever thereafter fail to appropriate fully the funds necessary to implement the provisions of this Act, this Act shall stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Fincher of the 54th moved that the Senate agree to the House substitute to SB 32.

On the motion, a roll was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Bowen , ,, L Broun of 46th Brown of 47th Burton
Coverdell Dawkins Deal Dean English

Fincher Foster Gillis Greene
Harris Hine Horton Hud.gm. s Huggins Kidd Land McGill McKenzie

Peevy Perry Phillips Ray
Reddish Scott of 2nd
36th S_ tarr Tate Timmons Trulock Turner Walker

Those voting in the negative were Senators:

Engram

Stumbaugh

Those not voting were Senators:

Albert
Bond Brannon Brantley
Bryant

Coleman
Garner Harnson Holloway
Howard

Kennedy (presiding) Langford
Tolleson Tysinger

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 32.
The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:
HB 748. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide for the remission of forfeiture under certain conditions.

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The House amendment was as follows:
Amend the Senate Substitute to HB 748 by striking the word "After" where it appears in line 7 on Page 3 and inserting in lieu thereof the following:
"Upon the denial of the application under subsection (e) of Code Section 17-6-72 or after".
By inserting in line 8 on Page 3 between the comma following the word "appear" and the word "any" the following:
"if no application is pending,".

Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 748.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Horton Hudgins Huggins Kidd Land McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Brannon Brantley Coverdell

Harrison Holloway Howard Kennedy (presiding)

Langford Peevy Tolleson

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 748.
The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HR 591. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A resolution authorizing and directing the State Department of Transportation to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge.
Senate Sponsors: Senators Dean of the 31st and Hine of the 52nd.

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1053

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brown of 47th Bryant Burton
Cobb Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Muggins Kidd Land

McGill Peevy
Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen Brannon Brantley

Broun of 46th Howard Kennedy (presiding) Langford

McKenzie Starr Stumbaugh

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th: A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommoda tions are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Human Resources offered the following substitute for HB 1330:
A BILL
To be entitled an Act to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that a modification of the plan shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations; to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assis tance; to provide that a modification shall limit a skilled care or intermediate care facility's rooms to be used for Medicaid recipients under certain circumstances; to provide for calcu-

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lation of a private room differential payment over the cost of a semiprivate room; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modifi cation is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assis tance only semiprivate accommodations which meet the other requirements of appropriate regulations;
(2) Shall provide that at no time can more than 10 percent of a skilled care or interme diate care facility's rooms be used for Medicaid recipients for whom a private room supple mentation has been made;
(3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's enti tlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan;
(4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients;
(5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and
(6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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1055

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

Senator Allgood of the 22nd moved that he be excused from voting on HB 1330, stating that he had a personal interest in the results.

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Allgood of the 22nd was excused from voting on HB 1330.

On 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 Broun of 46th Brown of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Land McGill

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Allgood (excused) Bowen Brannon Brantley

Bryant Howard Kennedy (presiding)

Langford Starr Timmons

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the House was read the first time and referred to committee:
HB 1579. By Representatives Bishop of the 94th, Dixon of the 151st and Walker of the 85th: A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of distilled spirits, so as to provide that certain munici palities may authorize the manufacture, sale or distribution of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization.
Referred to Committee on Consumer Affairs.
Serving as doctor of the day today was Dr. Gene Davidson of Rome, Georgia.

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Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 2:30 o'clock, P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 20, 1986

1057

Senate Chamber, Atlanta, Georgia Thursday, February 20, 1986 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 216. By Representative Bolster of the 30th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia taxable net income of individuals for Georgia income tax pur poses, so as to provide that Georgia taxable net income of an individual employee shall not include amounts paid or incurred by the individual's employer for de pendent care assistance provided to the individual if such amounts are excluded from gross income for federal income tax purposes under current federal income tax law.
HB 1189. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th: A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to prohibit the operation of bathhouses in this state.
HB 1321. By Representatives Benn of the 38th, Redding of the 50th, Sinkfield of the 37th and Greer of the 39th: A bill to amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to emission inspection stations, so as to authorize the emission inspec tion station to charge a fee of between $5.00 and $10.00 as determined by the station.
HB 1326. By Representatives Rainey of the 135th and Peters of the 2nd: A bill to amend Code Section 27-2-9, relating to taxidermist licenses and unlaw ful acts and omissions by taxidermists, so as to provide that the prior written permission of the commissioner is not necessary for a taxidermist to mount and sell legally taken furbearers, deer, and squirrel, or parts thereof.
HB 1352. By Representative Selman of the 32nd: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5.

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HB 1420. By Representative Ramsey of the 3rd:
A bill to amend Code Section 31-7-250 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and em ployees of personal care homes, and Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of day-care centers, so as to authorize the department to establish records search fees.
HB 1460. By Representatives Hooks of the 116th, Colbert of the 23rd, Bargeron of the 108th and Lord of the 107th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to change the definition of burial mer chandise; to eliminate the requirement that salespersons be registered; to provide for the preparation, maintenance, and inspection of records pertaining to em ployees of cemeteries and preneed dealers.
HB 1495. By Representatives Rainey of the 135th and Godbee of the 110th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to provide a creel and possession limit for red drum; to provide size limits for red drum and spotted sea trout.
HB 1501. By Representatives Williams of the 6th, Walker of the 115th, Ramsey of the 3rd, Thomas of the 69th and Bray of the 91st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, so as to provide that upon the occurrence of a vacancy in any office in this state, the officer or body authorized to fill the vacancy or call an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy.
HB 1503. By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, Auten of the 156th, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for applicability; to provide con ditions for the cancellation of certain insurance contracts; to provide for notice of intention of nonrenewal of certain insurance contracts; to prohibit nonrenewal of certain insurance contracts without prior notice.
HB 1526. By Representatives Thomas of the 31st, Greer of the 39th, Randall of the 101st, Richardson of the 52nd and Smyre of the 92nd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that first responders may be licensed without satisfying certain insurance requirements where the first responder is a municipality or county government and such municipality or county has not elected to waive its governmental immunity by purchasing vehicle liabil ity insurance.
HB 1571. By Representative Robinson of the 58th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, and Code Section 29-2-4 of the Official Code of Georgia An notated, relating to petitions for sale of a ward's property, so as to authorize personal service upon the guardian ad litem of certain minors instead of personal service upon the minors and provide for substitute service thereon.

THURSDAY, FEBRUARY 20, 1986

1059

HB 1712. By Representatives Godbee of the 110th and Triplett of the 128th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility.
HB 1748. By Representative Ware of the 77th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include health maintenance organizations within the definition of insurer; to provide that domestic corpora tions may apply to the Commissioner of Insurance for a certificate of authority to operate and establish a health maintenance organization.
HB 1751. By Representative Cooper of the 20th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning the superior courts, so as to provide that in any county in which a county correctional institution or jail is located, one or more judges of the superior court of such county shall be author ized to conduct habeas corpus and other nonjury proceedings involving inmates of such county correctional institution or jail in a suitable room at the institution.
HB 1841. By Representatives Robinson of the 58th, Alford of the 57th, Lawrence of the 49th, Workman of the 51st, Richardson of the 52nd and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in DeKalb County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1844. By Representative Russell of the 64th:
A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change certain provisions relating to the location of certain records of the board; to change certain provisions relating to the request for bids on certain purchases.
HB 1845. By Representative Russell of the 64th:
A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to create and establish the Bar row County Airport Authority as the successor to the Winder-Barrow Airport Authority.
HB 1846. By Representative Balkcom of the 140th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Early County Development Authority (Res. Act No. 203).
HB 1847. By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide for a board of commissioners as the governing authority of Randolph County.
HB 1848. By Representative Greene of the 130th: A bill to fix the compensation of the clerk of the Superior Court of Quitman County; to provide for clerical help and their compensation; to provide that all

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fees, commissions and other compensation of the clerk of the Superior Court of Quitman County shall be paid to the treasurer of Quitman County.
HB 1849. By Representative Greene of the 130th: A bill to continue in force and effect as a part of the Constitution of the State that constitutional amendment which relates to the creation of the Webster County Industrial Development Authority.
HB 1850. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith.
HR 520. By Representative Maddox of the 7th: A resolution compensating Ms. Martha Millsaps.
HR 570. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer.
HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.
HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 303. By Senator Kidd of the 25th: A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the con duct of bingo games.
SB 386. By Senators Tolleson of the 32nd and Harrison of the 37th: A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, so as to increase the salaries of the mayor and council members of the City of Smyrna.
SB 415. By Senator Barnes of the 33rd: A bill to amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the "Below Cost Sales Act," so as to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue un til certain conditions have been met.

THURSDAY, FEBRUARY 20, 1986

1061

SB 428. By Senator Dean of the 31st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to redesignate the Georgia Council for the Arts and Hu manities as the Georgia Council for the Arts; to delete certain references to the humanities.
SB 486. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and others:
A bill to create the South Cobb County Courthouse Facilities Study Commission; to provide for the members of the commission and their selection and service; to provide that the duties of the commission shall be to undertake a study of the desirability and feasibility of locating a courthouse annex, satellite courthouse facilities, or other similar facilities in the southern part of Cobb County.
SB 487. By Senators Barnes of the 33rd, Harrison of the 37th, Tolleson of the 32nd and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4007), so as to change the compensation of the chairman and other members of the board of education.
SB 534. By Senator Kennedy of the 4th:
A bill to fix the compensation of the members of the board of education of Evans County; to provide for reimbursement of actual expenses; to provide that the accounts for such service and expenses shall be submitted for approval to the county school superintendent.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 765. By Representatives Murphy of the 18th, McDonald of the 12th, Lee of the 72nd and Burruss of the 20th:
A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 581. By Senator Cobb of the 28th:
A bill to be entitled an Act to provide that certain property in the homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be en tirely exempt from Spalding County and Spalding County School District ad valorem taxation; to provide the amount of and qualifications for said exemptions. Referred to Committee on Urban and County Affairs.
SB 582. By Senator Kidd of the 25th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to authorize local boards of education to make dues deductions, contributions, donations, or other pay ments from the salaries or wages of its employees for purposes of membership in

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or payments to an employee association or credit union or for the payment of insurance premiums or charitable donations.
Referred to Committee on Education.
SB 583. By Senator Bond of the 39th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, so as to permit municipal gov erning authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban rede velopment areas; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 584. By Senator Howard of the 42nd:
A bill to amend Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of the term "employment" under the "Employment Se curity Law," so as to provide that service performed by a high school or college student as a part-time public opinion or marketing research interviewer shall not be considered employment under said law; to define the term "part-time"; to provide for related matters.
Referred to Committee on Industry and Labor.
SB 585. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th and others:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment authorizing the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the neces sity of an election and irrespective of the debt limitation provision of the Consti tution; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 586. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th and others:
A bill to be entitled an Act to continue in force and effect as a part of the Consti tution of the State of Georgia that constitutional amendment authorizing the is suance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities; to provide the authority for this Act.
Referred to Committee on Urban and County Affairs.
SB 587. By Senator Coleman of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, as amended, so as to provide certain additional powers for the mayor and council of said city; to provide for other matters relative thereto.
Referred to Committee on Urban and County Affairs.

THURSDAY, FEBRUARY 20, 1986

1063

SB 588. By Senator Kidd of the 25th:
A bill to amend Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of petroleum products, brake fluid, and antifreeze, so as to provide that retail establishments offering self-service gasoline, kerosene, or diesel petroleum products shall require an attendant to dispense self-service petroleum products to any motor vehicle properly displaying a handicapped parking permit or special license plate for disabled veterans. Referred to Committee on Industry and Labor.
SR 435. By Senators Deal of the 49th and Barnes of the 33rd:
A resolution creating the Senate Vehicle Weight Limits Study Committee. Referred to Committee on Rules.
SR 436. By Senator Kennedy of the 4th:
A resolution designating the John C. Beasley Bridge. Referred to Committee on Rules.
SR 438. By Senators Allgood of the 22nd and Albert of the 23rd:
A resolution creating the Workers' Compensation Coverage Study Committee. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 216. By Representative Bolster of the 30th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia taxable net income of individuals for Georgia income tax pur poses, so as to provide that Georgia taxable net income of an individual employee shall not include amounts paid or incurred by the individual's employer for de pendent care assistance provided to the individual if such amounts are excluded from gross income for federal income tax purposes under current federal income tax law. Referred to Committee on Banking and Finance.
HB 1189. By Representatives McKinney of the 35th, Wall of the 61st, Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to prohibit the operation of bathhouses in this state. Referred to Committee on Human Resources.
HB 1321. By Representatives Benn of the 38th, Redding of the 50th, Sinkfield of the 37th and Greer of the 39th:
A bill to amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to emission inspection stations, so as to authorize the emission inspec-

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tion station to charge a fee of between $5.00 and $10.00 as determined by the station.
Referred to Committee on Transportation.
HB 1326. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Code Section 27-2-9, relating to taxidermist licenses and unlaw ful acts and omissions by taxidermists, so as to provide that the prior written permission of the commissioner is not necessary for a taxidermist to mount and sell legally taken furbearers, deer, and squirrel, or parts thereof.
Referred to Committee on Natural Resources.
HB 1352. By Representative Selman of the 32nd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5.
Referred to Committee on Judiciary and Constitutional Law.
HB 1420. By Representative Ramsey of the 3rd:
A bill to amend Code Section 31-7-250 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and em ployees of personal care homes, and Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of day-care centers, so as to authorize the department to establish records search fees.
Referred to Committee on Human Resources.
HB 1460. By Representatives Hooks of the 116th, Colbert of the 23rd, Bargeron of the 108th and Lord of the 107th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to change the definition of burial mer chandise; to eliminate the requirement that salespersons be registered; to provide for the preparation, maintenance, and inspection of records pertaining to em ployees of cemeteries and preneed dealers.
Referred to Committee on Governmental Operations.
HB 1495. By Representatives Rainey of the 135th and Godbee of the 110th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to provide a creel and possession limit for red drum; to provide size limits for red drum and spotted sea trout.
Referred to Committee on Natural Resources.
HB 1501. By Representatives Williams of the 6th, Walker of the 115th, Ramsey of the 3rd, Thomas of the 69th and Bray of the 91st:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, so as to provide that upon the occurrence of a vacancy in any office in this state, the officer or body authorized to fill the

THURSDAY, FEBRUARY 20, 1986

1065

vacancy or call an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy.
Referred to Committee on Governmental Operations.
HB 1503. By Representatives Ware of the 77th, Wood of the 9th, Bargeron of the 108th, Auten of the 156th, Dunn of the 73rd and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for applicability; to provide con ditions for the cancellation of certain insurance contracts; to provide for notice of intention of nonrenewal of certain insurance contracts; to prohibit nonrenewal of certain insurance contracts without prior notice.
Referred to Committee on Insurance.
HB 1526. By Representatives Thomas of the 31st, Greer of the 39th, Randall of the 101st, Richardson of the 52nd and Smyre of the 92nd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that first responders may be licensed without satisfying certain insurance requirements where the first responder is a municipality or county government and such municipality or county has not elected to waive its governmental immunity by purchasing vehicle liabil ity insurance.
Referred to Committee on Human Resources.
HB 1571. By Representative Robinson of the 58th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, and Code Section 29-2-4 of the Official Code of Georgia An notated, relating to petitions for sale of a ward's property, so as to authorize personal service upon the guardian ad litem of certain minors instead of personal service upon the minors and provide for substitute service thereon.
Referred to Committee on Judiciary.
HB 1712. By Representatives Godbee of the 110th and Triplett of the 128th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility.
Referred to Committee on Transportation.
HB 1748. By Representative Ware of the 77th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include health maintenance organizations within the definition of insurer; to provide that domestic corpora tions may apply to the Commissioner of Insurance for a certificate of authority to operate and establish a health maintenance organization.
Referred to Committee on Insurance.

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HB 1751. By Representative Cooper of the 20th: A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning the superior courts, so as to provide that in any county in which a county correctional institution or jail is located, one or more judges of the superior court of such county shall be author ized to conduct habeas corpus and other nonjury proceedings involving inmates of such county correctional institution or jail in a suitable room at the institution.
Referred to Committee on Judiciary.
HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith in the amount of $1,199.00.
Referred to Committee on Appropriations.
HR 520. By Representative Maddox of the 7th: A resolution compensating Ms. Martha Millsaps in the amount of $573.84.
Referred to Committee on Appropriations.
HR 570. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer in the amount of $1,227.00.
Referred to Committee on Appropriations.
HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, doing business as Kwik Kopy #206, in the amount of $4,343.49.
Referred to Committee on Appropriations.
HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles in the amount of $3,254.61.
Referred to Committee on Appropriations.
HB 1841. By Representatives Robinson of the 58th, Alford of the 57th, Lawrence of the 49th, Workman of the 51st, Richardson of the 52nd and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in DeKalb County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
HB 1844. By Representative Russell of the 64th: A bill to amend an Act establishing the board of commissioners of Barrow County, so as to change certain provisions relating to the location of certain records of the board; to change certain provisions relating to the request for bids on certain purchases.
Referred to Committee on Urban and County Affairs.
HB 1845. By Representative Russell of the 64th: A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to create and establish the Bar-

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1067

row County Airport Authority as the successor to the Winder-Barrow Airport Authority. Referred to Committee on Urban and County Affairs.
HB 1846. By Representative Balkcom of the 140th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Early County Development Authority (Res. Act No. 203).
Referred to Committee on Urban and County Affairs.
HB 1847. By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide for a board of commissioners as the governing authority of Randolph County. Referred to Committee on Urban and County Affairs.
HB 1848. By Representative Greene of the 130th: A bill to fix the compensation of the clerk of the Superior Court of Quitman County; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the clerk of the Superior Court of Quitman County shall be paid to the treasurer of Quitman County.
Referred to Committee on Urban and County Affairs.
HB 1849. By Representative Greene of the 130th: A bill to continue in force and effect as a part of the Constitution of the State that constitutional amendment which relates to the creation of the Webster County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1850. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Burke County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1536. Do pass. HB 1539. Do pass.

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HR 597. Do pass.

Respectfully submitted, Senator Hudgins of the 15th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 341. Do pass.

HB 1393. Do pass.

SB 553. Do pass.

HB 1538. Do pass.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1324. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 409. Do pass by substitute. HB 1325. Do pass. SR 423. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 514. Do pass by substitute. HR 587. Do pass.
Respectfully submitted,
Senator Brown of the 47th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

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1069

HB 779. Do pass. HB 1570. Do pass.

Respectfully submitted, Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 566. Do pass. SB 567. Do pass. SB 568. Do pass. SB 569. Do pass.

SB 571. SB 572. HB 1791.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 358. By Senators Land of the 16th, Phillips of the 9th, Brannon of the 51st and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provi sions relating to the number of peremptory challenges in felony cases; to change the provisions relating to selection of alternate jurors and additional peremptory challenges in felony cases; to provide an effective date.

SB 475. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to qualifications of magistrates, so as to provide that a magistrate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any crimi nal matter when engaged in the private practice of law; to provide for all related matters.

SB 497. By Senator Deal of the 49th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards.

SB 540. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to the arbitration of construction contracts, so as to extend such provisions to contracts generally; to provide a short title; to provide for applicability; to provide for the submission by agreement to arbitrate; to pro vide for exceptions; to provide for the form and content of agreements to arbitrate.

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SB 561. By Senator Greene of the 26th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to the employment, status, and compensation of secretaries of judges of the superior courts, so as to provide that the base salary of each secretary shall be established on a pay schedule beginning at Step 1 and ending at Step 7.
SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employ ment past 65 years of age; to provide for related matters.
SB 563. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility; to provide for all related matters.
SB 564. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be consid ered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations; to provide for related matters.
SB 570. By Senators Dawkins of the 45th, Barker of the 18th, Barnes of the 33rd and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful the advertisement by an attorney that legal services are available on a contingent fee basis unless the advertisement identifies any payments which are required to be made to any person by clients retaining the attorney on a contin gent fee basis; to provide for related matters.
SR 360. By Senators Hudgins of the 15th, Cobb of the 28th, Baldwin of the 29th and Engram of the 34th:
A resolution creating the West Georgia Rapid Transit System Study Committee.
SR 375. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state; to provide for the submission of this amendment for ratification or rejection.
SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to con duct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.

THURSDAY, FEBRUARY 20, 1986

1071

SR 382. By Senators Engram of the 34th and Howard of the 42nd: A resolution urging the Composite State Board of Medical Examiners to exercise more effectively its authority to investigate complaints alleging medical malprac tice and discipline physicians.
SR 389. By Senators Foster of the 50th, Fincher of the 54th and Tate of the 38th: A resolution creating the Joint Developmental Studies in Georgia Study Committee.
SR 394. By Senator Cobb of the 28th: A resolution creating the Health Care Supply and Financing Study Committee.
SR 402. By Senators Trulock of the 10th, McGill of the 24th, Ray of the 19th and others: A resolution urging the Governor to appoint a Commission on Agriculture in Georgia.
HB 377. By Representatives Steinberg of the 46th, Childs of the 53rd, Groover of the 99th and Copelan of the 106th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, so as to provide that, in proceedings between parents, an agreement regarding cus tody issues may be presented to the court.
HB 840. By Representative Evans of the 84th: A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.
HB 1146. By Representative Johnson of the 72nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court rea sonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position.
HB 1156. By Representatives Childs of the 53rd, Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Steinberg of the 46th and others: A bill to provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit.
HB 1159. By Representative Parham of the 105th: A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Geor gia Annotated, relating to pharmacists and pharmacies, so as to provide that practitioners of the healing arts who dispense drugs shall comply with all recordkeeping and labeling requirements imposed upon pharmacists and pharmacies.
HB 1176. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Code Section 43-39-20 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Examiners of Psychologists, so

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JOURNAL OF THE SENATE

as to provide for the continuation of that board but provide for the later termi nation of that board and the repeal of the laws relating thereto.
HB 1200. By Representative Hamilton of the 124th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide that a court shall retain jurisdic tion in all custody cases for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child.
HB 1225. By Representative Richardson of the 52nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for restriction of child-care licenses under certain conditions.
HB 1277. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Pannell of the 122nd and Alien of the 127th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide that any person who is appointed as a state paid assistant district attorney and who has attained an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified.
HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Ex aminers, so as to require that board to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settle ments relating to medical malpractice claims or relating to the practice of medicine.
HB 1344. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of preventing or attempting to prevent the lawful taking of wildlife; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforce ment officer.
HB 1355. By Representatives Pannell of the 122nd, Chambless of the 133rd, Hooks of the 116th and Childers of the 15th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain filing requirements for audits of authorities.
HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others:
A bill to amend Code Section 19-13-1 of the Official Code of Georgia Annotated, relating to the definition of family violence, so as to change such definition.

THURSDAY, FEBRUARY 20, 1986

1073

HB 1455. By Representatives Davis of the 45th, Lawson of the 9th, Barnett of the 10th and Wall of the 61st:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishments for certain theft offenses, so as to provide definitions; to provide punishments for theft offenses involving firearms.
HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Wil liams of the 6th, Hays of the 1st and others:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated areas of counties.
HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regard ing school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.
HB 1682. By Representatives Reaves of the 147th, Moore of the 139th, Branch of the 137th, Moody of the 153rd, Royal of the 144th and others:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the certified cotton growers' organization to borrow money or incur in debtedness for certain purposes.
HB 1695. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assem bly, so as to change provisions relating to reimbursement for costs of air travel during the interim.
HR 472. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th and Burruss of the 20th:
A resolution designating a certain highway in Cobb County as the "Lost Moun tain Scenic Highway".
HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others:
A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse.
HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution urging the training of criminal justice and social services profession als in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation.

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JOURNAL OF THE SENATE

HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.
HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway.
HR 690. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others: A resolution providing for the designation of the "Henry L. Reaves Arena".
HR 691. By Representatives Walker of the 115th, Murphy of the 18th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others: A resolution providing for the designation of the "Sam P. McGill Exhibition Building."
HR 739. By Representatives Galer of the 97th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th, Childs of the 53rd and others: A resolution designating the week beginning March 2, 1986, as "Women's History Week".
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Hudgins Kennedy Kidd Land Langford McGill

McKenzie Peevy Perry Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not answering were Senators:

Bond Coverdell Deal

Harrison Horton Howard

Huggins Phillips

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Renfroe Wat son, pastor of Pleasant Grove Methodist Church, Dalton, Georgia, who offered scripture reading and prayer.

THURSDAY, FEBRUARY 20, 1986

1075

The following resolutions of the Senate were read and adopted:
SR 428. By Senator Cobb of the 28th: A resolution commending Honorable Hinton Mitchem.
SR 437. By Senators Bond of the 39th, Scott of the 36th, Tate of the 38th and Coverdell of the 40th: A resolution recognizing and commending Greater Mt. Calvary Baptist Church.
SR 439. By Senator Kidd of the 25th: A resolution commending Ms. Andrea T. Little.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 20, 1986
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 566 Reddish, 6th Bacon County
Amends Act placing sheriff of county on annual salary in lieu of fee system of compensation; changes minimum compensation of sheriff, deputy sheriffs, jailers, and secretaries; changes number of deputy sheriffs, secretaries, and jailers; provides for cost-of-living increases.
SB 567 Ray, 19th Telfair County
Continues amendment providing that county officers of county shall be ineli gible to succeed themselves after having served two successive terms in office; provides authority.
SB 568 Ray, 19th Telfair County
Continues amendment providing that county officers of county shall be ineli gible to hold office under certain conditions; provides for referendum; pro vides authority for this Act.
SB 569 Harrison, 37th Brannon, 51st Cherokee County
Amends Act known as "Cherokee County Water and Sewerage Authority Act"; provides additional powers to authority; empowers authority to make contracts and to execute all instruments necessary or convenient to bill cus tomers of subdivisions for street lights constructed and installed in subdivi sions and to pay for costs of electrical service for such street lights.

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JOURNAL OF THE SENATE

SB 571 Foster, 50th City of Clayton Rabun County
Provides for homestead exemption from all city of Clayton, Ga. ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over; provides for matters relative thereto; provides for referendum.
SB 572 Foster, 50th Dawson County
Provides that the homestead of each resident of county which is otherwise eligible for the exemption from ad valorem taxes for educational purposes provided for in O.C.G.A. shall be eligible for such exemption if net income of owner from all sources does not exceed $12,000.00 for the immediately pre ceding taxable year for income tax purposes.
HB 1791 McKenzie, 14th City of Americus Sumter County
Amends Act creating new charter for city; changes date of municipal election.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bond Bowen Brannon jjra"tteSr Burton CCooblebman
Dawkins Dean English
Engram Fincher

Foster Garner Gillis Greene Harris Harrison mf Holloway HHuugdggiinnss
Kennedy Kidd Langford
McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th G Sltua"mbaugh
TMate Trulock Turner
Tysinger Walker

Those not voting were Senators:

Barker Barnes Broun of 46th Brown of 47th

Bryant Coverdell Deal Horton

Howard Land Timmons Tolleson

On the passage of all the local bills, the yeas were 44, nays 0.

THURSDAY, FEBRUARY 20, 1986

1077

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Thursday, February 20, 1986
THIRTIETH LEGISLATIVE DAY
SB 273 Fulton County Tax--check made payable to tax office not required (B&F--34th) HB 1193 County Civil Service Systems--provide (U&CA-G--8th)
HB 1273 Insurance Business in Foreign Country--intangible personal property taxation (B&F--15th)
HB 1490 Installing Glass in Buildings--redefine "hazardous locations" (I&L--41st) SB 222 Juvenile Probation Officers--state subsidies for funding, counties over 100,000
(SUBSTITUTE) (AMENDMENT) (C&Y--40th) SB 345 Cold Beer, Wine Sale--sell certain quantities (SUBSTITUTE) (C Aff--34th) HB 1361 State Commission on Condemnation of Public Property--create (J&CL--33rd)
HB 1349 Government Investment Pool--use by certain bodies for public purpose (B&F--31st)
HB 1282 Fair Business Practices Act--office supply transactions in trade (I&L--52nd)
HR 482 Douglas County State Owned Property--easement for lightguide cable (Pub U--30th)
SB 551 Driver's License Suspension--provide for reinstatement and fees (J&CL--26th)
SB 552 Driver's License in Lieu of Incarceration--reinstatement of license (J&CL--26th)
SB 355 County Ordinance Violation--conditions for arresting prior to trial (AMEND MENT) (J&CL--33rd)
HR 633 Grady County--conveyance of certain state owned property (Pub U--10th)
HB 1488 County Tax Collector, Commissioner--annual training requirements (AMEND MENT) (Gov Op--25th)
SB 496 Certain Companies under Public Service Commission--no approval of debt by Public Service Commission (Pub U--52nd)
HB 1464 Income Tax Refunds--collection of certain student loans (B&F--15th)
HB 1500 University of Georgia Commemorative License Plate--extend issuance (Gov Op--25th)
HB 1545 Real Estate Salesperson--certain qualifications for licensure (SUBSTITUTE) (I&L--45th)
SB 459 Potential Defendant in Medical Malpractice--appointment of guardian ad litem (J&CL--33rd)
SR 396 Senate Boat Operators Licensing Study Committee--create (Nat R--33rd) HB 1480 County Tax Receiver, Collector--filling vacancy in office (Gov Op--43rd)
HB 1342 Release from Confinement--court clerk make entry on docket of exoneration (Judy--33rd)
HB 1370 State Inmates in County Institutions--medical costs in life-threatening situation (Corr--51st)
HB 1369 Probated Sentence--effective date of tolling when suspended (Corr--19th)
HB 1439 Promotional Contests--failure to comply with requirements deceptive act (I&L--18th)

1078

JOURNAL OF THE SENATE

SB 532 Hospital Equipment Financing Authority Act--administration (AMEND MENTS) (Hum R--25th)
HB 460 State Patrol Disciplinary Board--composition (Pub Saf-- 28th) HB 1341 Impersonation of Conservation Officer--repeal provisions (Pub Saf--28th)
Respectfully submitted, /a/ Holloway of the 12th, Chairman
Senate Rules Committee
The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 273. By Senators Engram of the 34th and Bond of the 39th: A bill to amend Code Section 48-5-165 of the Official Code of Georgia Annotated, relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any mu nicipality located wholly or partially within any such county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Burton Cobb Coleman Coverdell Dawkins Dean English

Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Hudgins Kennedy Kidd Land Langford McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barnes Brown of 47th Bryant

Deal Greene Howard

Huggins McGill

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 20, 1986

1079

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.
HB 1193. By Representative Ramsey of the 3rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county.
Senate Sponsor: Senator Turner of the 8th.
Senator Hine of the 52nd offered the following substitute to HB 1193:
A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county; to provide procedures whereby employees of elected county officers and certain other employees may be covered under the civil service system; to provide for procedures whereby employees of elected county officers and certain other employees may be covered under the civil service system in all counties of this state with a population of 78,000 or more according to the United States decennial census of 1980 or any future such census; to provide that the power granted to counties by this Act is in addition to and not in lieu of certain previously existing authority granted to certain counties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, is amended by adding at the end thereof a new Code Section 36-1-21 to read as follows:
"36-1-21. (a) The governing authority of any county is authorized to provide by ordi nance or resolution for the creation of a civil service system for employees of the county, other than elected officials or persons appointed to positions for specified terms.
(b) Except as otherwise provided in subsection (c) of this Code section, subsequent to the creation of a civil service system, the county governing authority which created the sys tem may provide by ordinance or resolution that positions of employment within depart ments subject to the jurisdiction of elected county officers or subject to the jurisdiction of other commissions, boards, or bodies of the county shall be subject to and covered by the civil service system upon the written application of the elected county officer, commission, board, or body having the power of appointment, employment, or removal of employees of the officer, department, commission, board, or body. Once positions of employment are made subject to the civil service system, such positions shall not be removed thereafter from the coverage of the civil service system.
(c) In all counties of this state with a population of 78,000 or more according to the United States decennial census of 1980 or any future such census, subsequent to the crea tion of a civil service system, the county governing authority which created the system may provide by ordinance or resolution that positions of employment within departments subject to the jurisdiction of elected county officers or subject to the jurisdiction of other commis sions, boards, or bodies of the county shall be subject to and covered by the civil service system.
(d) A civil service system created pursuant to the authority of this Code section shall be administered in such manner and pursuant to such rules and regulations as may be pro vided for by resolution or ordinance of the county governing authority which created the system.

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(e) The authority granted to counties by this Code section is in addition to and not in lieu of authority to provide civil service or merit systems granted to certain counties by constitutional amendments and laws enacted pursuant to the authority of such constitu tional amendments. As used in this subsection, the term 'constitutional amendments' means those constitutional amendments which will stand repealed on July 1, 1987, unless contin ued in force and effect as described in Article XI, Section I, Paragraph IV of the Constitu tion of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 7, nays 27, and the substitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Greene Kennedy (presiding)

Reddish

Scott of 2nd

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1273. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd and others:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country.
Senate Sponsor: Senator Hudgins of the 15th.

THURSDAY, FEBRUARY 20, 1986

1081

The following Fiscal Note, as required by law, was read by the Secretary:

MEMORANDUM

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

TO: FROM:
DATE: SUBJECT:

The Honorable Joe Mack Wilson, Chairman House Ways and Means Committee
G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget
January 21, 1986
Fiscal Note--House Bill 1273 (LC 14 4230/1) Intangible Personal Property Tax
This Bill would include restricted foreign intangible property in the clas sification of intangible personal property for ad valorem taxation purposes. Restricted foreign intangibles are defined by the Bill as intangible personal properties acquired and held in a foreign country incidental to conducting insurance business within that country and whose laws or regulations restrict or prohibit transfer of these properties outside the country's jurisdiction. The rate of taxation for intangible personal property, which would include re stricted foreign intangibles, is ten cents per $1,000 of the fair market value.
Under current law, intangible personal property subjected to tax in an other state and owned by a person domiciled in Georgia is exempt from Georgia's intangible personal property tax. However, this exemption would not apply to restricted foreign intangibles under the proposed Bill.
According to the Department of Revenue, this Bill would have no fiscal impact on state revenues. The annual loss in the local tax counties assess for intangibles is estimated at $675,000. Stocks and bonds of restricted foreign intangibles are currently being taxed by the counties at a rate of $1.00 per $1,000 of the fair market value based on data supplied by the Department of Revenue. This rate was estimated to yield revenue of approximately $750,000 in 1986 to the counties. Passage of this Bill would specifically include re stricted foreign intangibles as intangible personal property to be taxed at a rate of ten cents per $1,000 of the fair market value. This lower rate would yield $75,000 to the counties or $675,000 less than the amount using the higher tax rate.

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bond Bowen Brannon

Brantley Broun of 46th Brown of 47th Bryant

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JOURNAL OF THE SENATE

Burton Cobb Coleman Coverdell Dawkins
Dean EEnngglriasmh Fincher Foster Garner Gillis Harris

Harrison Mine Holloway Horton Howard
Huggm. s KLaidndd Langford McGill McKenzie Peevy Perry

Ray Reddish Scott of 2nd Scott of 36th Starr
TStumbaugh ,Tiiamlemons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Greene

Kennedy (presiding)

Phillips

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1490. By Representatives Workman of the 51st, Watson of the 114th and Hooks of the 116th:
A bill to amend Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations".
Senate Sponsors: Senators Tysinger of the 41st and English of the 21st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

English Engram Foster Gillis Greene Harris Harrison

uBroun oy,f 4, c6.tuh Brown of 47th Bryant Burton Cobb Coverdell Dawkins Deal Dean

2Ho' lnl6oway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill Peevy Perry Phillips j^y Reddish Scott rf 2nd
S<, cott of 36th t"rr *. Timmons Tolleson Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 20, 1986

1083

Those not voting were Senators:

Bond Coleman

Fincher Garner

McKenzie Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time on February 7 and postponed until February 10, lost on February 12, and reconsidered on February 13, was put upon its passage:

SB 222. By Senators Coverdell of the 40th, Bond of the 39th, Langford of the 35th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to as sist in the funding of juvenile intake workers and juvenile probation officers in counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
Senator Bond of the 39th moved that SB 222 be postponed until February 24.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 222 was post poned until Monday, February 24.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:

The House has passed by the requisite constitutional majority the following bill of the House:

HB 1253. By Representative Morton of the 47th:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to regulate the sale of limited edition reproductions of works of art; to require the disclosure of certain information with respect to the sale of fine art multiples.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 345. By Senator Engram of the 34th:
A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to make it unlaw ful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale.
The Senate Committee on Consumer Affairs offered the following substitute to SB 345:

A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of

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JOURNAL OF THE SENATE

Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to pro hibit the inducement for sale of certain quantities of beer and wine which are colder than 70 degrees Fahrenheit at the time of sale at any place of business at which motor fuel is sold; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, is amended by adding a new Code Section 3-3-31 to read as follows:
"3-3-31 (a) No person at any place of business at which motor fuel is sold shall sell any beer to an individual if less than 37 ounces of such beer is colder than 70 degrees Fahrenheit or sell any wine to an individual if less than 16 ounces of such wine is colder than 70 degrees Fahrenheit at the time of sale.
(b) For purposes of this Code section, beer, wine, and motor fuel shall be considered to be sold at the same place of business if:
(1) Payment for motor fuel and payment for beer and wine are received at or within the same structure; or
(2) Payment for motor fuel is received at any point within 500 feet of any point at which payment for beer and wine is received and there is:
(A) Any direct or indirect common ownership between the business selling motor fuel and the business selling beer and wine; or
(B) Any direct or indirect contractual agreement between the business selling motor fuel and the business selling beer and wine.
(c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, nays 4, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes
Bond BBBrroawnuennnoonf 46th Brown of 47th Burton Cobb Coverdell

Dawkins Deal Engram
Foster GG~ raerenneer Hams Hine Holloway Horton

Howard Huggins Langford
Perry P,T_haitlelips Tolleson Trulock Turner Tysinger

THURSDAY, FEBRUARY 20, 1986

1085

Those voting in the negative were Senators:

Albert Allgood Brantley BDreyaannt
English
Gillis

Harrison Hudgins Kennedy KLaidndd
Peevy
Ray

Those not voting were Senators:

Coleman Fincher

McGill McKenzie

On the passage of the bill, the yeas were 31, nays 20.

Reddish gcott of 2nd Scott of 36th btarr Stumbaugh Walker
Timmons

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Cobb of the 28th introduced Mrs. Pat Lee and members of Thespian Troupe 2390 of Griffin High School who were commended by SR 280, adopted previously, and Mrs. Lee briefly addressed the Senate.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

HB 1361. By Representatives Murphy of the 18th, Walker of the 115th, Burruss of the 20th, Thomas of the 69th, Lee of the 72nd and others:
A bill to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condem nation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Greene of the 26th offered the following amendment:

Amend HB 1361 by inserting following the sentence ending on line 22 of Page 6 the following:
"Not more than seven days after receipt of an application for approval of an acquisi tion, the commission shall publish a notice that such application has been made. Such no tice shall be published in the legal organ of the county in which the property to be acquired is located. The notice shall state that any person may submit written comments concerning such acquisition to the commission within ten days following the date of the notice. No action shall be taken by the commission on such application until at least 15 days have elapsed following the date on which the notice was published."
On the adoption of the amendment, the yeas were 9, nays 41, and the amendment was lost.
Senator Stumbaugh of the 55th offered the following amendment:
Amend HB 1361 by adding following the word "therein" on line 12 of Page 1 the following:
"; to provide additional procedures and review of the exercise of the power of eminent

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JOURNAL OF THE SENATE

domain by public utilities regulated by the Public Service Commission to condemn public or private property or any easement, right of way, or interest therein".
By striking line 33 of Page 7 and inserting in lieu thereof the following:
"Procedure Act.' "
and by adding following line 33 of Page 7 the following:
"50-16-184. Notwithstanding any other law to the contrary, no public utility which is regulated by the Public Service Commission shall exercise the power of eminent domain to acquire any public or private property or any easement, right of way, or interest therein unless such public utility submits such acquisition to the commission and complies with all of the procedures provided in this article in the same manner and to the same extent as if such public property was being condemned under the provisions of this article.'"

The President ruled that the amendment offered by Senator Stumbaugh of the 55th was not germane to HB 1361.

Senators Howard of the 42nd and Scott of the 36th offered the following amendment:

Amend HB 1361 by adding on line 8 of Page 5, following the word "agency" and pre ceding the ".", the following:
"; provided, however, that the authority to condemn public property provided in this article shall not apply to Georgia Department of Transportation Project M-9152(2) in Fulton and DeKalb counties, commonly known as the Presidential Parkway".

On the adoption of the amendment, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Bond Burton Coverdell English

Howard
Kidd Land Langford Perry

Phillips Scott of 36th
Stumbaugh Trulock

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins

Kennedy McGill McKenzie Peevy Ray Reddish Scott of 2nd Starr Tate Timmons Tolleson Turner Tysinger Walker

On the adoption of the amendment, the yeas were 14, nays 42, and the amendment was lost.

THURSDAY, FEBRUARY 20, 1986

1087

Senators Howard of the 42nd and Scott of the 36th offered the following amendment:
Amend HB 1361 by striking the sentence beginning on line 22 of Page 6, which reads as follows:
"If the commission determines that the acquisition of the public property by condem nation is reasonable, necessary, and in the public interest, it shall grant its approval for such acquisition.",
and inserting in lieu thereof the following:
"The commission shall allow representatives of the governing authority which holds title to the said property and any interested person an opportunity to be heard and to pre sent evidence relative to the application for acquisition of public property or an interest therein by condemnation. Notice of any hearing required under this subsection shall be mailed to the governing authority which holds title to the property and notice of the time, place, and date of any hearing shall be made available to the general public and printed in the newspaper in which the sheriffs advertisements for the locality affected are published on two occasions during separate weeks at least five days prior to such hearing. If the com mission determines that the acquisition of the public property by condemnation is the only reasonable alternative, is necessary, and is in the public interest, it shall grant its approval for such acquisition."
On the adoption of the amendment, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Bond Burton Coverdell English

Hine Howard Kidd Land Langford

Those voting in the negative were Senators:

Perry Phillips Scott of 36th Stumbaugh Trulock

Allgood Baldwin Barker Barnes Bowen B"TM Brantley Broun of 46th Brown of 47th Bryant
Cobb
Coleman
Dawkins
Deal

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Holloway
Horton
Hudgins
Huggins
Kennedy

McGill McKenzie Peevy jjay Reddish Scott of 2nd ,,. ,tarr late Timmons
Tolleson
Turner
Tysinger
Walker

On the adoption of the amendment, the yeas were 15, nays 41, and the amendment was lost.

1088

JOURNAL OF THE SENATE

Senators Howard of the 42nd and Scott of the 36th offered the following amendment:

Amend HB 1361 by striking the sentence beginning on line 22 of Page 6, which reads as follows:
"If the commission determines that the acquisition of the public property by condem nation is reasonable, necessary, and in the public interest, it shall grant its approval for such acquisition.",
and inserting in lieu thereof the following:
"The commission shall allow representatives of the governing authority which holds title to the said property an opportunity to be heard and to present evidence relative to the application for acquisition of public property or an interest therein by condemnation. No tice of any hearing required under this subsection shall be mailed to the governing authority which holds title to the property and notice of the time, place, and date of any hearing shall be made available to the general public and printed in the newspaper in which the sheriff's advertisements for the locality affected are published on two occasions during separate weeks at least five days prior to such hearing. If the commission determines that the acqui sition of the public property by condemnation is necessary and is in the public interest, it shall grant its approval for such acquisition."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bond BCouvrteorndell
English
Engram

Howard Kidd LLaanngdford
Perry
Phillips

Scott of 36th Stumbaugh T,,,ol,,leson
Trulock
Walker

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dawkins

Deal Dean Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins

Huggins Kennedy McGill McKenzie Peevy Ray Reddish Scott of 2nd Starr Tate Timmons Turner Tysinger

On the adoption of the amendment, the yeas were 17, nays 39, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:

Amend HB 1361 by striking from line 34 of Page 3 the following: "State Auditor, ex officio;"

THURSDAY, FEBRUARY 20, 1986

1089

whereas it will read, "Commissioner of Insurance, ex officio; and the Commissioner of Labor, ex officio."

On the adoption of the amendment, the yeas were 19, nays 34, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
BBorawnennon B,,BBrrrooywuannntooff,. 44.6_7t.th.h C o bb Coleman Dawkins Deal Dean Engram

Fincher Foster Garner Gillis
GHraerreinge u.H..TM arrison Holloway Horton Hudgins Muggins Kennedy Land

McGill McKenzie Peevy Ray
Rgceodtdtisohf 2n(J eTo,,n,ta.at,rer Timmons Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert BBoranndtley Burton Coverdell

English Howard Kidd Langford

Perry Phillips Scott of 36th Stumbaugh

On the passage of the bill, the yeas were 43, nays 13.

The bill, having received the requisite constitutional majority, was passed.

Senator Barnes of the 33rd moved that HB 1361 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 1361 was imme diately transmitted to the House.

Senator Engram of the 34th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House:

SB 345. By Senator Engram of the 34th:
A bill to amend Article 2 of Chapter 2 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to make it unlaw ful for any person who is licensed to sell beer or wine in unbroken packages at retail only to consumers to sell certain quantities of beer or wine which is colder than 70 degrees Fahrenheit at the time of sale.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 345 was immedi ately transmitted to the House.

1090

JOURNAL OF THE SENATE

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. until 1:45 o'clock P.M.
At 1:45 o'clock P.M., the President called the Senate to order.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1349. By Representatives Walker of the 115th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State De pository Board to use the investment pool.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen a"""0", ,,-, u Brown of 47th BCoubrtbon
Coverdell
Dean
English

Engram Foster Greene Harris Holloway Horton HHuugdggiinnss
Kennedy
Kidd
McGill

Perry

Ray

Reddish

Scott of 2nd

Stumbaugh

,,

6

Tiamtemons

Tolleson

Trulock

Tysinger

Those not voting were Senators:

Albert Baldwin Bond Brantley Broun of 46th Bryant Coleman Dawkins

Deal Fincher Garner Gillis Harrison Hine Howard Land

Langford McKenzie Peevy Phillips Scott of 36th Starr Turner Walker

On the passage of the bill, the yeas were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1282. By Representatives Robinson of the 58th and Byrd of the 153rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975;" to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful.
Senate Sponsor: Senator Hine of the 52nd.

THURSDAY, FEBRUARY 20, 1986

1091

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen
B,,BBrrrrooavwnuannnnotono,ff,. 44_.6_7t,.th,h Burton Coverdell Deai Dean English Engram

Fincher Foster Gillis Greene Harris
HHTHuIoionl,rl,et^oownay Hudgins Huggins Kennedy Kidd Langford McGill

Peevy Perry Phillips Ray Reddish
SSSac^.cttuaormtrt bi_oafug2nuhd Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Baldwin BBranndtl,ey
Coleman

Dawkins Garner Hamson Howard

Land McKenzie Scott of 36th Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was read and adopted:

SR 443. By Senator Starr of the 44th: A resolution commending Lewis A. Welch, Jr.
Senator Starr of the 44th introduced Lewis A. Welch, Jr. The following resolution of the Senate was read and adopted:

SR 444. By Senator Hudgins of the 15th: A resolution commending Mr. Lindward Trammell.
The following general resolution and bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HR 482. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th: A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas County, Georgia.
Senate Sponsor: Senator Garner of the 30th.
The report of the committee, which was favorable to the adoption of the resolution, was

1092

JOURNAL OF THE SENATE

agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Burton Coverdell Dawkins Deal Dean English Engram

Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley Bryant Cobb

Coleman Howard McGill

Timmons Tolleson Trulock

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 551. By Senator Greene of the 26th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restora tion fees; to provide for practices and procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Dawkins Deal

Dean English Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins

Huggins Kennedy Kidd Land Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr

THURSDAY, FEBRUARY 20, 1986

1093

Stumbaugh Tate

Trulock Turner

Tysinger Walker

Those not voting were Senators:

Albert Cobb Coleman

Coverdell Garner McGill

Timmons Tolleson

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 552. By Senator Greene of the 26th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws per taining to traffic and motor vehicles, so as to provide for the reinstatement of licenses; to provide for restoration fees; to provide for practices and procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bond Bowen Brannon Brantley Broun of 46th
Brown of 47th Burton Cobb Coleman Dawkins Deal Dean

Engram Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Langford McKenzie Peevy Perry Phillips Ray Reddish Scott of 36th Starr Stumbaugh Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Bryant Coverdell

English Garner Land McGill

Scott of 2nd Timmons Tolleson

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the Senate was read and adopted:

SR 445. By Senators Greene of the 26th, Howard of the 42nd, Dean of the 31st and others:
A resolution commending Mr. James H. Stewart and wishing him a rapid recovery.

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JOURNAL OF THE SENATE

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 355. By Senator Barnes of the 33rd: A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for violations of county ordi nances, so as to change the conditions under which persons may be arrested prior to trial for violations of county ordinances.
The Senate Judiciary and Constitutional Law Committee offered the following amendment:
Amend SB 355 by striking from line 9 of Page 1 the words and comma "a breach of the peace," in their entirety.
By striking from lines 20 and 21 on Page 2 the words and comma "a breach of the peace," in their entirety.
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon
nBroau"n oft 4A*6*tVh.
Cobb Coverdell Dean Fincher Foster

Gillis Greene Harris Harrison Hine
H,*TM HHuoowrtoarndj
Huggins Kennedy Kidd McGill McKenzie

Those voting in the negative were Senators:

Brown of 47th

Deal

Dawkins

Those not voting were Senators:

Barker Bond Bowen Coleman

English Engram Garner Holloway

Perry Phillips Ray Reddish Scott of 2nd
TateSSo*ctaortrt of 36th
Timmons Trulock Turner Tysinger Walker
Peevy
Land Langford Stumbaugh Tolleson

On the passage of the bill, the yeas were 40, nays 4. The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 20, 1986

1095

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Code Section 15-521 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.

The House amendment was as follows:

Amend the Senate amendment to HB 1227 by striking the first four lines of directory language of Page 1 and inserting in their place the following:
"Amend HB 1227 by striking lines 18 through 20 of Page 1 and inserting in their place the following:
'chairperson of the Judiciary Committee of the House of Representatives, the chairper son of the Special Judiciary Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, and the chairperson of the Judiciary and Constitu tional Law Committee of the Senate, at least 30 days prior to the'"

Senator Howard of the 42nd moved that the Senate disagree to the House amendment to the Senate amendment to HB 1227.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 1227.

The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HR 633. By Representative Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Grady County to the City of Cairo.
Senate Sponsor: Senator Trulock of the 10th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean Engram Fincher Foster Gillis Harris Harrison Hine Holloway

Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry Phillips

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JOURNAL OF THE SENATE

Ray Reddish Scott of 2nd Scott of 36th

Starr Tate Tolleson Trulock

Turner Tysinger Walker

Those not voting were Senators:

Bowen English

Garner Greene

Stumbaugh Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1488. By Representative Bostick of the 138th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide annual training requirements for each county tax collector or tax commissioner; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office.

Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:
Amend HB 1488 by adding in the title on line 5 of Page 1, immediately following the semicolon and preceding the words "to provide", the following:
"to provide an exception;".
By adding at the end of line 28 of Page 2 a new sentence to read as follows:
"This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such official's initial term of office."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Dawkins Deal

Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Hudgins Hugging Kennedy Kidd Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Timmons Tolleson Trulock Turner Tysinger Walker

THURSDAY, FEBRUARY 20, 1986

1097

Voting in the negative were Senators Brannon and Tate.

Those not voting were Senators:

Coleman Coverdell Dean

English Harrison Howard

Land McKenzie Stumbaugh

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the House was read the first time and referred to committee:

HB 1253. By Representative Morton of the 47th:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to regulate the sale of limited edition reproductions of works of art; to require the disclosure of certain information with respect to the sale of fine art multiples.
Referred to Committee on Industry and Labor.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Bwen B ra " n n
RBBrroowunn ooyfff 444f67itttvhh, Burton Cobb Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster
Gillis Greene Harris
Hine olloway Horton Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Perry
Phillips Ray Reddish

ScSccootttt

ooff.

2nd 36th

Starr

Tate

Timmons

Turner

Tysinger

Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Bryant
English Garner

Harrison Howard Peevy

Stumbaugh Tolleson
Trulock

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1464. By Representatives Wilson of the 20th, Buck of the 95th, Alford of the 57th, Dover of the llth, Williams of the 6th and others:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax re funds, so as to include within the definition of claimant agency certain state agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs.
Senate Sponsor: Senator Hudgins of the 15th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Joe Mack Wilson, Chairman

House Ways and Means Committee

FROM:

G. W. Hogan, State Auditor C. T. Steveng, Director, Office of Planning and Budget

DATE:

February 14, 1986

SUBJECT: Fiscal Note--House Bill 1464 (LC 14 4284) Income Tax Setoff--Student Debt

This Bill would change the definition of claimant agencies that would cooperate with the Department of Revenue in identifying debtors owing money to the state who qualify for income tax refunds. Under current law,
only the Department of Human Resources is specifically designated a claim ant agency. Under the provisions of this Bill, claimant agencies would be, in priority, the Department of Human Resources, the Georgia Student Finance
Authority, and the Georgia Higher Education Assistance Corporation.

The revenue effect of this Bill cannot be estimated at this time since information on the number of persons with outstanding student loans who would be entitled to income tax refunds is not available. The dollar amount of any future outstanding loans or the amount of tax refunds is also not available.

Under current procedures, the federal government will reimburse the state up to 100% of the loan amount if the state attempts to collect on de fault cases and is unable to collect. If the state subsequently collects the loan, the state may retain 30% of the amount to cover administrative collection costs and return the remainder to the federal government.

It is estimated that approximately $10,000 would be required for onetime computer programming modifications plus an undeterminable amount for ongoing administrative and computer processing expenses.

THURSDAY, FEBRUARY 20, 1986

1099

HI G. W. Hogan State Auditor

/s/ C. T. Stevens, Director Office of Planning and Budget

Senator Fincher of the 54th offered the following amendment:
Amend HB 1464 by striking lines 4 through 8 on Page 2 in their entirety and substitut ing in lieu thereof the following:
"(C) The Georgia Higher Education Assistance Corporation with respect to the collec tion of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; and
(D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20.' "

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond B.BB.. orraawnnentnloeny Broun of 46th
Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean Engram Fincher Foster GHG/-iii-alinrli-ienser Holloway
Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill Peevy Perry Phillips j^ SaK,, TMeAd.Ad, -isoh\f.. ,,2nd, cott of 36th
htarr Tate Tolleson Turner Tysinger Walker

Those not voting were Senators:

English Greene Harris

Harrison Horton McKenzie

Stumbaugh Timmons Trulock

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HB 1500. By Representatives Logan of the 67th and Argo of the 68th: A bill to amend Code Section 40-2-29.1 of the Official Code of Georgia Anno tated, relating to license plates commemorating the bicentennial of the Univer sity of Georgia, so as to extend the time of issuance of such license plates.
Senate Sponsors: Senators Kidd of the 25th and Broun of the 46th.
The report of the committee, which was favorable to the passage of the bill, was

1100

JOURNAL OF THE SENATE

agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins

Deal Dean Engram Fincher Foster Garner Gillis Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie
Peevy Perry Phillips Ray Reddish Scott of 36th Starr Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Cobb English Greene

Harris Harrison Scott of 2nd

Stumbaugh Tate

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1545. By Representatives Byrd of the 153rd, Selman of the 32nd, Jackson of the 65th, Copelan of the 106th, Hudson of the 117th and others:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifica tions for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Industry and Labor offered the following substitute to HB 1545:
A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifica tions for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses; to change certain conditions for the granting of a license; to provide for the revocation of licenses; to provide for hearings; to provide for notification to the commission upon a broker changing the address of the broker's place of business; to change certain requirements for trust or escrow accounts; to change certain violations; to provide that it shall be lawful for licensees to complete listing or sales contracts or leases which have been prepared by legal counsel; to provide for exceptions; to provide for effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 20, 1986

1101

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (a) through (c) of Code Section 43-40-8, relating to the qualifications of licensees, in its entirety and inserting in lieu thereof new subsections (a) through (c) to read as follows:
"(a) In order to qualify for a salesperson's license an applicant must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Furnish evidence of completion of at least 60 in-class hours in a salesperson's course or courses of study approved by the commission; and
(5) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers and salespersons after completing at least 30 hours of the requirements of paragraph (4) of this subsection.
Failure to meet any of these requirements shall be grounds for denial of license without a hearing.
(b) In order to qualify for a broker or associate broker's license, an applicant must:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of equivalency;
(4) Have served actively for three years as a licensed salesperson;
(5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and
(6) Stand and pass a real estate examination administered by or approved by the com mission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure.
Failure to meet any of the requirements shall be grounds for denial of license without a hearing.
(c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 30 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an exami nation covering the subject matter contained in the course. The commission in its discretion may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this sub section shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner:
(1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessions or required exercises or examinations;

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JOURNAL OF THE SENATE

(B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or
(C) Has not completed the course or the examination due to cancellation of the course by the approved school
may reinstate the license by completing the course within six months of the lapsing of the license.
(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section."
Part 2
Section 2. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (c) through (g) of Code Section 43-40-8, relating to qualifications of licensees, in their entirety and inserting in lieu thereof new subsections (c) through (h) to read as follows:
"(c) Upon being issued an original salesperson's license, each salesperson shall be re quired to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study not to exceed 80 in-class hours approved by the commission.
(d) Except those persons actively licensed on January 1, 1980, each applicant for re newal of a license must furnish to the commission evidence of satisfactorily completing a continuing education course or courses not to exceed six hours of study every two years in a course or courses approved by the commission. This requirement of continuing education must be met for each renewal period. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-4012 are met.
(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
(f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(g) The commission may prepare and distribute to licensees under this chapter educa tional material deemed of assistance in the conduct of their business.
(h) The commission, through its rules and regulations, shall establish standards for the offering by correspondence of all or any portion of the education courses required by this Code section."
Section 3. Said chapter is further amended by striking subsections (c), (d), (h), (1), and (m) of Code Section 43-40-12, relating to license fees, and inserting in their respective places new subsections (c), (d), (h), (1), and (m) to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation and partnership shall pay an activation fee in advance."
"(d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or condi tions required to maintain such license in accordance with this chapter. A license not re newed in accordance with this subsection shall be viewed as lapsed."

THURSDAY, FEBRUARY 20, 1986

1103

"(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licen see's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days."
"(1) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such ap provals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educa tional course or courses which the commission may require."
"(m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;
(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and
(3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-40-15, relating to the granting and revocation of real estate licenses generally, in its en tirety and inserting in lieu thereof a new subsection (b) of Code Section 43-40-15 to read as follows:
"(b) Where an applicant for a salesperson's license has been convicted of forgery, em bezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
(1) At least ten years have passed since the applicant was convicted or released from any incarceration, whichever is later;
(2) No criminal charges are pending against the applicant; and
(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
Section 5. Said chapter is further amended by striking subsection (g) of Code Section

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JOURNAL OF THE SENATE

43-40-15, relating to the granting and revocation of licenses generally, and inserting a new subsection (g) to read as follows:
"(g) Where an applicant for a salesperson's, associate broker's, or broker's license has been sanctioned by the commission or by a similar commission of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a license. An appli cant for licensure as an associate broker or a broker who has had a license revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed by the commission as an associate broker or a broker only if:
(1) At least ten years have passed since the date that the applicant's occupational li cense was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
Section 6. Said chapter is further amended by adding at the end of Code Section 43-4015, relating to the granting and revocation of real estate licenses generally, a new subsection (h) to read as follows:
"(h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
Section 7. Said chapter is further amended by striking subsection (a) of Code Section 43-40-19, relating to a change of the place of business of a broker, in its entirety and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 14 days of such change."
Section 8. Said chapter is further amended by striking subsection (c) of Code Section 43-40-20, relating to required trust or escrow accounts for real estate business, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made bienni ally or at such time as the commission may direct upon reasonable cause. The commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly author ized representative of the commission."
Section 9. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Refusing, because of race, color, sex, religion, or national origin, to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;".
Section 10. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal;".

THURSDAY, FEBRUARY 20, 1986

1105

Section 11. Said chapter is further amended by striking paragraph (16) of subsection (a) of Code Section 43-40-25, relating to violations, which read as follows:
"(16) Soliciting, selling, or offering real estate for sale by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;",
and inserting in lieu thereof the following:
"(16) Reserved;".
Section 12. Said chapter is further amended by striking paragraphs (28) through (31) of subsection (a) of Code Section 43-40-25, relating to violations, in their entirety and inserting in lieu thereof the following:
"(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or
(29) Conducting the closing of any real estate transaction by any licensee except a bro ker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker.
Section 13. Said chapter is further amended by adding immediately following Code Sec tion 43-40-25, relating to violations, a new Code Section 43-40-25.1 to read as follows:
"43-40-25.1. It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property in volved, a method of payment, any special stipulations or addenda the offer requires, and, upon acceptance by the offeree, the date of such acceptance."
Section 14. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-29, relating to exceptions, and inserting in lieu thereof a new para graph (1) of subsection (a) to read as follows:
"(1) Any person who, as owner, as the spouse of an owner, as general partner of a lim ited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency;".
Section 15. Said chapter is further amended by striking subsection (b) of Code Section 43-40-29, relating to exceptions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44."
Part 3
Section 16. (a) Part 1 of this Act shall become effective on January 1, 1987.
(b) Except as provided in subsection (c) of this section, Part 2 of this Act shall become effective on July 1, 1986.
(c) Sections 14 and 15 of Part 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

1106

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond owen Brannon BBrroanutnleoyf 46th
Brown of 47th Bryant
Burton Cobb
Coleman Coverdell
Dawkins

Dean Engram Fincher Foster Garner Gillis Greene Harris ...'"e
Holloway Horton
Howard Huggins
Kennedy Kidd
Land

Langford McGill Peevy Perry Phillips Ray Reddish Scott of 36th ,,S.tarr
Tate Timmons
Tolleson Trulock
Turner Tysinger
Walker

Those not voting were Senators:

Deal English Harrison

Hudgins McKenzie

Scott of 2nd Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 459. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to periods of limitation and repose for actions for medical malpractice, so as to provide a procedure whereby a potential defendant in an action for medical malpractice may petition the probate court for the appoint ment of a guardian ad litem for a potential plaintiff who is under a disability.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen

Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean Engram Foster

THURSDAY, FEBRUARY 20, 1986

1107

Garner Gillis Greene Harris HHomlleoway
Horton
Howard
Kennedy

Kidd Land McGill McKenzie PPeeerrvyy
Phillips
Ray
Reddish

Scott of 36th Starr Timmons Tolleson _Trul.ock.
Turner
Tysinger
Walker

Those not voting were Senators:

English Fincher Harrison

Hudgins Huggins Langford

Scott of 2nd Stumbaugh Tate

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SR 396. By Senators Barnes of the 33rd, Greene of the 26th and Deal of the 49th: A resolution creating the Senate Boat Operators Licensing Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Dean Engram Fincher Foster Garner Gillis Harris Hine Holloway Horton Howard Hudgins Kidd

Land Langford McGill Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Barnes English Greene Harrison

Huggins Kennedy (presiding) McKenzie Peevy

Stumbaugh Tate Walker

On the adoption of the resolution, the yeas were 45, nays 0.

1108

JOURNAL OF THE SENATE

The resolution, having received the requisite constitutional majority, was adopted.

HB 1480. By Representative Birdsong of the 104th:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax offi cials, so as to provide for the filling of a vacancy in the office of county tax re ceiver, tax collector, or tax commissioner; to provide for interim appointments; to provide for special elections.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bo""1
^BRorawnen.n,on Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell

Dawkins Deal Engram Fincher Garner Gillis
HG,,raererinse Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill Peevy Perry Phillips Ray
SR,, ceodt.d.tisohf,. _2nd, Scott of 36th Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Dean English Foster Harrison

Hine Kennedy (presiding) McKenzie

Starr Stumbaugh Tate

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1342. By Representatives Smith of the 78th, Copelan of the 106th, Porter of the 119th, Waldrep of the 80th, Jamieson of the llth and others:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the ter mination of the period thereof, or upon release from confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant.
Senate Sponsor: Senator Barnes of the 33rd.

THURSDAY, FEBRUARY 20, 1986

1109

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
B, owen ^ran"on
Broun of 46th

Deal Dean Engram Foster Garner Gillis
Greene Harris
HTM"

Land Langford McGill Perry Phillips Ray
Reddish Scott of 2nd
Scott of 36th

Brown of 47th g ryant Burton Cobb Coleman Coverdell Dawkins

Hme Holloway Horton Howard Huggins Kennedy Kidd

Starr Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

English Fincher Hudgins

McKenzie Peevy

Stumbaugh Tate

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1370. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a speci fied minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions.

Senate Sponsor: Senator Brannon of the 51st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Brown of 47th

Bryant Burton Cobb Coleman Coverdell Deal Dean Engram Fincher Foster

Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins

1110

JOURNAL OF THE SENATE

Kennedy Kidd LMacnGgiflol rd
McKenzie Peevy Perry

Phillips Ray RSceodtdtisohf 2nd
Scott of 36th Starr Tate

Timmons Tolleson T1 rruulloocckk
lurner Tysinger Walker

Those not voting were Senators:

Broun of 46th Dawkins

English Hudgins

On the passage of the bill, the yeas were 50, nays 0.

Land Stumbaugh

The bill, having received the requisite constitutional majority, was passed.

HB 1369. By Representatives Colwell of the 4th, Hays of the 1st, Cox of the 141st, Dobbs of the 74th and Jackson of the 9th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is suspended; to repeal cer tain provisions relating to revocation of probation without notice to the probationer.
Senate Sponsor: Senator Ray of the 19th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bond Bowen fTMTM0" nBBrroowunn%ooff 4,467,tKthh Bryant Burton C ODD Coleman Coverdell Dawkins Deal

Dean Engram Foster Garner
Gillis Greene Harrison H,,Hion,,leiday Horton Howard Hudgins Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy
Perry Phillips Ray RcSceodtdtisohf, 3,,,,6.t,h Starr Tate Tolleson Trulock Turner Tysinger Walker

Voting in the negative was Senator Fincher

Those not voting were Senators:

Barker English

Harris Scott of 2nd

Stumbaugh Timmons

THURSDAY, FEBRUARY 20, 1986

1111

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 50. By Senator Deal of the 49th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and em ployees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of district attorneys shall have the right to purchase service credit for certain periods of time.
The House substitute to SB 50 was as follows:
A BILL
To be entitled an Act to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of superior court judges and district attorneys shall have the right to purchase service credit for certain periods of time during which they were employed as such secretar ies prior to becoming members of the retirement system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employ ees' Retirement System of Georgia, is amended by striking Code Section 47-2-264, relating to membership in the retirement system of secretaries of superior court judges and district attorneys, and inserting in lieu thereof a new Code Section 47-2-264 to read as follows:
"47-2-264. (a) Each secretary employed by a judge of the superior court or a district attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Re tirement System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another em ployer shall be entitled to credit for all service rendered while an employee under the retire ment system. All contributions required under this chapter shall be paid from funds appro priated or otherwise available for the operation of the superior courts, and all such payments shall be in addition to the regular compensation provided by law for such secretaries.
(b) Any member who is a secretary of a judge of the superior court or a district attorney and who was employed as such a secretary prior to July 1, 1975, may receive creditable service under this chapter for such employment prior to July 1, 1975, as provided in this subsection. In order to obtain creditable service under this subsection, the member shall provide to the board of trustees acceptable evidence of the period prior to July 1, 1975, during which the member was employed as a secretary of a judge of the superior court or a district attorney and shall pay to the board of trustees an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service claimed by the member. No creditable service shall be allowed under this subsection for any period of employment for which creditable service is allowed under any other provision of this chap ter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any political subdivision of this state."
Section 2. This Act shall become effective July 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

1112

JOURNAL OF THE SENATE

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 50.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd

Land Langford McGill McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Tate Trulock Turner Tysinger Walker

Those not voting were Senators:

English Stumbaugh

Timmons

Tolleson

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 50.

Serving as doctor of the day today was Dr. David Madden of Rome, Georgia.

The President announced that the Senate would stand in recess from 3:10 o'clock P.M. until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to HR 765 adopted previously, until 10:00 o'clock A.M. Monday, February 24.

MONDAY, FEBRUARY 24, 1986

1113

Senate Chamber, Atlanta, Georgia Monday, February 24, 1986 Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Thursday, February 20, 1986 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 1851. By Representatives Buck of the 95th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th and others: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
HB 1852. By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Mangum of the 57th, Linder of the 44th and others: A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change, enlarge, and extend the corporate limits of the City of Decatur.
HB 1853. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th: 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 power of the board of commissioners of Hall County to license, tax, and regulate businesses, and oc cupations in the unincorporated area of Hall County.
HB 1855. By Representatives Johnson of the 21st, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st, Cooper of the 20th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year.
HB 1856. By Representatives Johnson of the 21st, Atkins of the 21st, Aiken of the 21st, Wilder of the 21st, Cooper of the 20th and others: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to

1114

JOURNAL OF THE SENATE

exceed $4,000.00 of the value of the homestead of certain residents of the City of Smyrna.
HB 1857. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Lawson of the 9th:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compensating the board.
HB 1858. By Representatives Barnett of the 59th, Bannister of the 62nd, Martin of the 60th, Jackson of the 9th and Wood of the 9th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
HB 1859. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the General Assembly to create a merit system of employment for present and future employ ees of Gwinnett County other than elected officials.
HB 1860. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 empowering the board of commissioners of Gwinnett County to license and regulate businesses and levy license taxes on businesses in the county and to grant franchises for solid waste collection and disposal, ambulance service, and cable television.
HB 1861. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the board of commissioners of Gwinnett County to provide systems of garbage disposal, ac quire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith.
HB 1862. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 creation of the Gwinnett County Industrial Building Authority and provisions for its powers, au thority, funds, purposes, and procedures.
HB 1863. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 providing for an elected board of education and an appointed county superintendent of schools for Gwin nett County.

MONDAY, FEBRUARY 24, 1986

1115

HB 1864. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting the health, welfare, and safety of the citizens.
HB 1865. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd: A bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, so as to provide a term of one year for a member to serve as chairman.
HB 1866. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district.
HB 1867. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the gov erning authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county.
HB 1868. By Representatives Childs of the 53rd, Davis of the 45th, Williams of the 48th, Morton of the 47th, Linder of the 44th and others: A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
HB 1869. By Representatives Milford of the 13th and Clark of the 13th:
A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the coroner.
HB 1870. By Representative Crawford of the 5th:
A bill to provide for the method of filling vacancies in the membership of Chattooga County Hospital Authority.
HB 1871. By Representative Crawford of the 5th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 44 and which relates to the Chattooga County Development Authority and its powers and operations.
HB 1872. By Representative Barnett of the 10th:
A bill to repeal the "Forsyth County Water and Sewerage Authority Act"; to abolish the Forsyth County Water and Sewerage Authority; to provide that For syth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority.

1116

JOURNAL OF THE SENATE

HB 1873. By Representative Barnett of the 10th:
A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to change the method of appointment of members of the authority.
HB 1877. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change the provisions relating to the judge emeritus of the magistrate court; to provide for the appointment of additional magistrates.
HB 1880. By Representative Parrish of the 109th:
A bill to create the Metter-Candler County Airport Authority.
HB 1881. By Representatives Steinberg of the 46th, Athon of the 57th, Workman of the 51st, Alford of the 57th and others:
A bill to re-create the DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb County and the metropolitan Atlanta area.
HB 1883. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334).
HB 1884. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the MaconBibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related matters.
HB 1885. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Macon-Bibb County Indus trial Authority (Res. Act No. 168).
HB 1886. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb.
HB 1889. By Representatives Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Rossville, so as to abolish the office of tax assessor and tax coordinator.

MONDAY, FEBRUARY 24, 1986

1117

HB 1890. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Res. Act No. 139).
HB 1891. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes.
HB 1892. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Development Author ity (Res. Act No. 120).
HB 1894. By Representative Pettit of the 19th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Res. Act No. 205).
HB 1895. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Adairsville Development Authority (Res. Act No. 80).
HB 1897. By Representatives Barnett of the 59th, Lawson of the 9th, Wood of the 9th, Martin of the 60th and Wall of the 61st:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board.
HB 1898. By Representatives Isakson of the 21st, Wilder of the 21st, Johnson of the 21st, Atkins of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase to $120 million the maximum amount of negotiable revenue bonds issuable by the authority; to change the compensation payable to the chairman and members of the authority.
HB 1899. By Representatives Ware of the 77th and Milam of the 81st:
A bill to amend an Act providing a new board of education of Troup County, so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection.
HB 1901. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and Randall of the 101st:
A bill to provide for the abolition of the office of treasurer of Bibb County; to provide that the governing authority of Bibb County may cause the functions previously performed by the treasurer to be performed by others.

1118

JOURNAL OF THE SENATE

HB 1902. By Representatives Home of the 103rd, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st and Groover of the 99th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Macon-Bibb County Urban Development Authority.
HB 1903. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to create a board of elections and registration for Floyd County and pro vide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members.
HB 1904. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 39 and which provides for the establishment of a Downtown Statesboro De velopment Authority.
HB 1905. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registra tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum.
HB 1835. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill to amend Code Section 12-3-341 of the Official Code of Georgia Annotated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, so as to provide that actions shall be brought in the Superior Court of Hall County.
HB 1423. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 43-13-6 of the Official Code of Georgia Annotated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, so as to change the provisions relating to renewal of licenses.
HB 1385. By Representative Richardson of the 52nd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to reenact Chapter 2 thereof; to include expressly substance abuse and other disabilities in references to certain services, service areas, area councils, and state-wide and area plans.
HB 1610. By Representative Crosby of the 150th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to change the provisions relating to out-of-state buyer's cards.
HB 1551. By Representative Matthews of the 145th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that the right of a child who has reached the age of 14 years to select his custodial parent shall not include the right to deny visitation rights to the noncustodial parent.

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HB 1584. By Representatives Steinberg of the 46th, Hooks of the 116th and Murphy of the 18th: A bill to amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States De partment of the Treasury in the amount of the taxpayer's net income for any year.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 720. By Representatives Childs of the 53rd, Murphy of the 18th, Adams of the 79th, Clark of the 55th, Buck of the 95th and others:
A resolution commending Louie DeVotie Newton and authorizing the placing of his portrait in the State Capitol Building.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 387. By Senator Brannon of the 51st: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communica ble disease at the time of death.
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1467. By Representative Ware of the 77th: A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to authorize the authority to acquire, construct, operate, and maintain selfliquidating projects embracing the collection, treatment, and disposal of sewage and any related facilities; to remove the limitation on bonded indebtedness; to remove the limitation on the interest rate of such bonds.
HB 1887. By Representative Triplett of the 128th:
A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
HB 1589. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the superior courts of the Appalachian Judicial Circuit.
HB 1340. By Representatives Sinkfield of the 37th and Martin of the 26th: A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to authorize county authorities to reject any or all bids; to provide that in counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.

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HB 1438. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable organization; to change the provisions relating to reports required of charitable organizations and professional fund raisers; to require the payment of certain fees in connection with reports.
HB 1643. By Representative Adams of the 79th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships between the adopted child and the adopted child's relatives have been terminated.
SB 353. By Senator Timmons of the llth:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment relating to the Calhoun County board of education; to provide that such continuation of such constitutional amendment shall not be construed as authorizing noncompliance with the terms of any court order relating to the Calhoun County board of education.
SB 477. By Senators Kidd of the 25th and Cobb of the 28th:
A bill to amend an Act amending Title 40 of the Official Code of Georgia Anno tated, and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), so as to change a certain definition; to change provisions relating to the administration of the program; to provide du ties for the Board of Public Safety.
SB 494. By Senator Tysinger of the 41st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to include income from leases of real property as part of transit operating revenue.
SB 376. By Senators Barnes of the 33rd, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that con sumption of alcohol during pregnancy is dangerous; to provide for rules and regulations.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 716. By Representatives Childers of the 15th, Chambless of the 133rd, Walker of the 115th, Benefield of the 72nd and Hooks of the 116th:
A resolution requesting the Governor to create the Task Force on Funding of Indigent Health Care Programs.

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The House has agreed to the Senate amendments to the following bills of the House:
HB 1233. By Representatives Padgett of the 86th, Ransom of the 90th, Walker of the 85th, Brown of the 88th, Connell of the 87th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that in counties in which more than two terms of court are held each year the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court.
HB 1149. By Representative Richardson of the 52nd:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property.
HB 1175. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Code Section 43-33-21 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Physical Therapy, so as to pro vide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.
HB 1293. By Representatives Isakson of the 21st, Adams of the 36th, Robinson of the 58th, Bailey of the 72nd, Barnett of the 59th and others:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commis sions, so as to authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan area with regard to certain regional public projects and to provide for conditions and procedures relating thereto.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 969. By Representatives Bannister of the 62nd, Barnett of the 59th, Stencil of the 66th, Atkins of the 21st, Cheeks of the 89th and others:
A bill to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions affecting postsecondary education, so as to pro vide that no person who is required to register for the draft shall be eligible to receive state funds under said chapter unless such person has registered for the draft.
HB 1330. By Representatives Bargeron of the 108th and Childers of the 15th:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that semiprivate accommoda tions are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance.
HB 395. By Representative Barnett of the 10th:
A bill to increase the amount of the exemption from ad valorem taxation for educational purposes which applies to the homestead of each resident of Forsyth

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County who is 62 years of age or older and who meets certain income qualifications.
HB 1572. By Representatives Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Adams of the 36th and Townsend of the 24th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a mu nicipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality.
HB 1066. By Representatives Branch of the 137th, Reaves of the 147th, Hudson of the 117th and Greene of the 130th: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales.
HB 509. By Representatives Isakson of the 21st, Barnett of the 59th and Wood of the 9th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation the homestead of certain disabled veter ans and their families.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1162. By Representative Robinson of the 58th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change the provi sions relating to fees to cover the cost of records searches by the Federal Bureau of Investigation.
The House has agreed to the Senate amendment No. 1 and has disagreed to the Senate amendment No. 2 to the following bill of the House:
HB 1346. By Representatives Morton of the 47th, Reaves of the 147th, Greene of the 130th, Copelan of the 106th, Royal of the 144th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title.
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 141. By Representatives Burruss of the 20th, Wilson of the 20th, Crosby of the 150th, Kilgore of the 42nd, Cooper of the 20th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Geor gia income taxation.

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HB 1793. By Representatives Thomas of the 69th, Copelan of the 106th and Murphy of the 18th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, so as to provide for the payment by the condemnor of reasonable expenses, including attorney's fees, in curred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceedings.
HB 1592. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to change the pro visions relating to prior service credit under the Employees' Retirement System of Georgia for certain military service.
HB 1285. By Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Richardson of the 52nd, Wood of the 9th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and conduct a state-wide health care data clearing house to collect, verify, compile, analyze, and disseminate certain health care data.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 589. By Senator Greene of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses generally, so as to declare as confidential communications made by a person seeking counseling to a clergyman. Referred to Committee on Judiciary and Constitutional Law.
SB 590. By Senator Greene of the 26th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from the application of certain criminal provisions relating to carrying a concealed weapon, carrying deadly weapons to or at public gatherings, and carrying a pistol without a license, so as to include trial judges within the list of persons exempt from such criminal provisions under certain circumstances. Referred to Committee on Judiciary and Constitutional Law.
SB 591. By Senator Cobb of the 28th:
A bill to create the Pike County Recreation Authority, to authorize such author ity to acquire, construct, equip, maintain, and operate an athletic stadium or sta diums and the usual facilities related thereto, recreational centers and areas, and the usual and convenient facilities appertaining to such undertakings. Referred to Committee on Urban and County Affairs.
SB 592. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Acworth, as amended, so as to change the provisions relating to the election of the mayor and aldermen; to provide for qualifications; to provide for entrance fees; to provide

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for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office. Referred to Committee on Urban and County Affairs.
SR 441. By Senator Burton of the 5th: A resolution creating the State Facilities for the Training of the Blind Study Committee.
Referred to Committee on Rules.
SR 446. By Senators Harrison of the 37th, Harris of the 27th, Garner of the 30th and others: A resolution creating the Senate Workers' Compensation Study Committee.
Referred to Committee on Rules.
SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd: A resolution creating the Cobb County Local Governments Study Commission.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 141. By Representatives Burruss of the 20th, Wilson of the 20th, Crosby of the 150th, Kilgore of the 42nd, Cooper of the 20th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Geor gia income taxation.
Referred to Committee on Banking and Finance.
HB 1285. By Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Richardson of the 52nd, Wood of the 9th and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and conduct a state-wide health care data clearing house to collect, verify, compile, analyze, and disseminate certain health care data.
Referred to Committee on Governmental Operations.
HB 1340. By Representatives Sinkfield of the 37th and Martin of the 26th: A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to authorize county authorities to reject any or all bids; to provide that in counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.
Referred to Committee on Urban and County Affairs.
HB 1385. By Representative Richardson of the 52nd: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to reenact Chapter 2 thereof; to include expressly substance

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1125

abuse and other disabilities in references to certain services, service areas, area councils, and state-wide and area plans. Referred to Committee on Human Resources.
HB 1423. By Representatives Ramsey of the 3rd and Williams of the 6th:
A bill to amend Code Section 43-13-6 of the Official Code of Georgia Annotated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, so as to change the provisions relating to renewal of licenses. Referred to Committee on Industry and Labor.
HB 1438. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable organization; to change the provisions relating to reports required of charitable organizations and professional fund raisers; to require the payment of certain fees in connection with reports. Referred to Committee on Industry and Labor.
HB 1551. By Representative Matthews of the 145th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that the right of a child who has reached the age of 14 years to select his custodial parent shall not include the right to deny visitation rights to the noncustodial parent. Referred to Committee on Children and Youth.
HB 1584. By Representatives Steinberg of the 46th, Hooks of the 116th and Murphy of the 18th:
A bill to amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States De partment of the Treasury in the amount of the taxpayer's net income for any year. Referred to Committee on Banking and Finance.
HB 1589. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the superior courts of the Appalachian Judicial Circuit. Referred to Committee on Judiciary.
HB 1592. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to change the pro visions relating to prior service credit under the Employees' Retirement System of Georgia for certain military service. Referred to Committee on Retirement.

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HB 1610. By Representative Crosby of the 150th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to change the provisions relating to out-of-state buyer's cards. Referred to Committee on Industry and Labor.
HB 1643. By Representative Adams of the 79th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships between the adopted child and the adopted child's relatives have been terminated. Referred to Committee on Children and Youth.
HB 1793. By Representatives Thomas of the 69th, Copelan of the 106th and Murphy of the 18th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions affecting eminent domain, so as to provide for the payment by the condemnor of reasonable expenses, including attorney's fees, in curred by the condemnee in determining just and adequate compensation; to provide for the payment of expenses in original proceedings. Referred to Committee on Transportation.
HB 1835. By Representatives Wood of the 9th, Lawson of the 9th and Jackson of the 9th:
A bill to amend Code Section 12-3-341 of the Official Code of Georgia Annotated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, so as to provide that actions shall be brought in the Superior Court of Hall County. Referred to Committee on Judiciary.
HR 716. By Representatives Childers of the 15th, Chambless of the 133rd, Walker of the 115th, Benefield of the 72nd and Hooks of the 116th:
A resolution requesting the Governor to create the Task Force on Funding of Indigent Health Care Programs. Referred to Committee on Rules.
HR 720. By Representatives Childs of the 53rd, Murphy of the 18th, Adams of the 79th, Clark of the 55th, Buck of the 95th and others:
A resolution commending Louie DeVotie Newton and authorizing the placing of his portrait in the State Capitol Building. Referred to Committee on Rules.
HB 1467. By Representative Ware of the 77th:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to authorize the authority to acquire, construct, operate, and maintain selfliquidating projects embracing the collection, treatment, and disposal of sewage and any related facilities; to remove the limitation on bonded indebtedness; to remove the limitation on the interest rate of such bonds. Referred to Committee on Urban and County Affairs.

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HB 1851. By Representatives Buck of the 95th, Galer of the 97th, Robinson of the 96th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Muscogee County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs.
HB 1852. By Representatives Childs of the 53rd, Williams of the 54th, Redding of the 50th, Mangum of the 57th, Linder of the 44th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, so as to change, enlarge, and extend the corporate limits of the City of Decatur. Referred to Committee on Urban and County Affairs.
HB 1853. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
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 power of the board of commissioners of Hall County to license, tax, and regulate businesses and oc cupations in the unincorporated area of Hall County. Referred to Committee on Urban and County Affairs.
HB 1855. By Representatives Johnson of the 21st, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st, Cooper of the 20th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 per year. Referred to Committee on Urban and County Affairs.
HB 1856. By Representatives Johnson of the 21st, Atkins of the 21st, Aiken of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes the Mayor and Council of the City of Smyrna to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of certain residents of the City of Smyrna. Referred to Committee on Urban and County Affairs.
HB 1857. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Lawson of the 9th:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compensating the board. Referred to Committee on Urban and County Affairs.
HB 1858. By Representatives Barnett of the 59th, Bannister of the 62nd, Martin of the 60th, Jackson of the 9th and Wood of the 9th:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court. Referred to Committee on Urban and County Affairs.

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HB 1859. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the General Assembly to create a merit system of employment for present and future employ ees of Gwinnett County other than elected officials.
Referred to Committee on Urban and County Affairs.
HB 1860. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 empowering the board of commissioners of Gwinnett County to license and regulate businesses and levy license taxes on businesses in the county and to grant franchises for solid waste collection and disposal, ambulance service, and cable television.
Referred to Committee on Urban and County Affairs.
HB 1861. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the board of commissioners of Gwinnett County to provide systems of garbage disposal, ac quire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith.
Referred to Committee on Urban and County Affairs.
HB 1862. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 creation of the Gwinnett County Industrial Building Authority and provisions for its powers, au thority, funds, purposes, and procedures.
Referred to Committee on Urban and County Affairs.
HB 1863. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 providing for an elected board of education and an appointed county superintendent of schools for Gwin nett County.
Referred to Committee on Urban and County Affairs.
HB 1864. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 empowering the board of commissioners of Gwinnett County to promulgate ordinances imposing speed limits, weight limits on bridges, and truck routes and ordinances protecting the health, welfare, and safety of the citizens.
Referred to Committee on Urban and County Affairs.

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HB 1865. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
A bill to amend an Act providing for the education districts for the election of members of the Board of Education of Gwinnett County, so as to provide a term of one year for a member to serve as chairman. Referred to Committee on Urban and County Affairs.
HB 1866. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district. Referred to Committee on Urban and County Affairs.
HB 1867. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Martin of the 60th and Goodwin of the 63rd:
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 authorizing the gov erning authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in the unincorporated area of the county. Referred to Committee on Urban and County Affairs.
HB 1868. By Representatives Childs of the 53rd, Davis of the 45th, Williams of the 48th, Morton of the 47th, Linder of the 44th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees. Referred to Committee on Urban and County Affairs.
HB 1869. By Representatives Milford of the 13th and Clark of the 13th:
A bill to amend an Act placing the coroner of Hart County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the coroner. Referred to Committee on Urban and County Affairs.
HB 1870. By Representative Crawford of the 5th:
A bill to provide for the method of filling vacancies in the membership of Chattooga County Hospital Authority. Referred to Committee on Urban and County Affairs.
HB 1871. By Representative Crawford of the 5th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 44 and which relates to the Chattooga County Development Authority and its powers and operations. Referred to Committee on Urban and County Affairs.
HB 1872. By Representative Barnett of the 10th:
A bill to repeal the "Forsyth County Water and Sewerage Authority Act"; to abolish the Forsyth County Water and Sewerage Authority; to provide that For-

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syth County shall be the successor in interest to the authority and shall succeed to all rights and obligations of the authority. Referred to Committee on Urban and County Affairs.
HB 1873. By Representative Barnett of the 10th:
A bill to amend an Act creating the Etowah-Forsyth Water Authority, so as to change the method of appointment of members of the authority. Referred to Committee on Urban and County Affairs.
HB 1877. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to change the provisions relating to the judge emeritus of the magistrate court; to provide for the appointment of additional magistrates. Referred to Committee on Urban and County Affairs.
HB 1880. By Representative Parrish of the 109th:
A bill to create the Metter-Candler County Airport Authority. Referred to Committee on Urban and County Affairs.
HB 1881. By Representatives Steinberg of the 46th, Athon of the 57th, Workman of the 51st, Alford of the 57th and others:
A bill to re-create the DeKalb County Land Use Study Commission to carry out certain advisory functions and studies with respect to land use planning for DeKalb County and the metropolitan Atlanta area. Referred to Committee on Urban and County Affairs.
HB 1883. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions (Act No. 334). Referred to Committee on Urban and County Affairs.
HB 1884. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment enlarging the membership of the MaconBibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations and covering other related matters. Referred to Committee on Urban and County Affairs.
HB 1885. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Macon-Bibb County Indus trial Authority (Res. Act No. 168). Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 24, 1986

1131

HB 1886. By Representatives Home of the 103rd, Groover of the 99th and Lucas of the 102nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment delegating to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate the offices, officers, and functions of the City of Macon and the County of Bibb. Referred to Committee on Urban and County Affairs.
HB 1887. By Representative Triplett of the 128th:
A bill to amend an Act establishing a new charter for the municipality of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality. Referred to Committee on Urban and County Affairs.
HB 1889. By Representatives Hays of the 1st and Crawford of the 5th:
A bill to amend an Act creating a new charter for the City of Rossville, so as to abolish the office of tax assessor and tax coordinator. Referred to Committee on Urban and County Affairs.
HB 1890. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Tallapoosa Development Authority (Res. Act No. 139). Referred to Committee on Urban and County Affairs.
HB 1891. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authorities of Haralson County to enter into certain contracts and other agreements, including certain security deeds and notes. Referred to Committee on Urban and County Affairs.
HB 1892. By Representative Murphy of the 18th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Waco Development Author ity (Res. Act No. 120). Referred to Committee on Urban and County Affairs.
HB 1894. By Representative Pettit of the 19th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cartersville Development Authority (Res. Act No. 205). Referred to Committee on Urban and County Affairs.
HB 1895. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Adairsville Development Authority (Res. Act No. 80). Referred to Committee on Urban and County Affairs.

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HB 1897. By Representatives Barnett of the 59th, Lawson of the 9th, Wood of the 9th, Martin of the 60th and Wall of the 61st: A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide for the duties of the Executive Secretary and the Personnel Director; to provide for meetings of the Board.
Referred to Committee on Urban and County Affairs.
HB 1898. By Representatives Isakson of the 21st, Wilder of the 21st, Johnson of the 21st, Atkins of the 21st, Thompson of the 20th and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to increase to $120 million the maximum amount of negotiable revenue bonds issuable by the authority; to change the compensation payable to the chairman and members of the authority.
Referred to Committee on Urban and County Affairs.
HB 1899. By Representatives Ware of the 77th and Milam of the 81st: A bill to amend an Act providing a new board of education of Troup County, so as to provide for the submission of the Act to the voters of the Troup County School District for approval or rejection.
Referred to Committee on Urban and County Affairs.
HB 1901. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and Randall of the 101st: A bill to provide for the abolition of the office of treasurer of Bibb County; to provide that the governing authority of Bibb County may cause the functions previously performed by the treasurer to be performed by others.
Referred to Committee on Urban and County Affairs.
HB 1902. By Representatives Home of the 103rd, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st and Groover of the 99th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which creates the Macon-Bibb County Urban Development Authority.
Referred to Committee on Urban and County Affairs.
HB 1903. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to create a board of elections and registration for Floyd County and pro vide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and term of its members.
Referred to Committee on Urban and County Affairs.
HB 1904. By Representatives Lane of the lllth and Godbee of the 110th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 39 and which provides for the establishment of a Downtown Statesboro De velopment Authority.
Referred to Committee on Urban and County Affairs.
HB 1905. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Hall County during designated registra-

MONDAY, FEBRUARY 24, 1986

1133

tion periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 579. Do pass. SB 580. Do pass as amended.

SR 427. Do pass. HR 481. Do pass.

Respectfully submitted,

Senator Starr of the 44th 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 538. Do not pass. SB 559. Do pass. HB 1579. Do pass.
Respectfully submitted,
Senator Bond of the 39th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1446. Do pass.
Respectfully submitted,
Senator Bryant of the 3rd District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1561. Do pass. HB 1653. Do pass. HB 1662. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

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Mr. President:

The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 565. Do pass.

HB 1127. Do pass.

SB 576. SR 411.
HB 181. HB 788.

Do pass. Do pass.
Do pass. Do pass as amended.

HB 1218. HB 1246. HB 1550'

DO pass by substitute. Do pass by substitute. Do Pass by substitute.

HB 850.

Do pass by substitute.

HB 1591. Do pass by substitute.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 542. Do pass as amended. SR 398. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1186. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary and Constitutional Law has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 457. Do pass. HB 1352. Do pass by substitute.
Respectfully submitted,
Senator Greene of the 26th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

MONDAY, FEBRUARY 24, 1986

1135

SB 544. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 436. Do pass. SR 438. Do pass. SR 403. Do pass.

Respectfully submitted,

Senator Holloway of the 12th District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 573. SB 574. SB 577. SB 578. HB 1502. HB 1509. HB 1516. HB 1562. HB 1569. HB 1582. HB 1645. HB 1646. HB 1647.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 1648. HB 1698. HB 1699. HB 1727. HB 1740. HB 1756. HB 1763. HB 1792. HB 1796. HB 1825. HB 1826. HB 1833.

Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insur ance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured mo torist coverage.

SB 409. By Senators Gillis of the 20th, Timmons of the llth, English of the 21st and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to

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conservation and natural resources, so as to provide for the protection of public health, safety, and the environment by establishing an Asbestos Licensing Board; to provide a short title; to provide definitions; to provide a program of licensing persons engaged in asbestos removal.
SB 553. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to authorize agreements among insurers with respect to the equitable apportion ment of certain property and casualty insurance risks; to require that such agree ments apportioning property and casualty insurance risks be approved by the Commissioner of Insurance; to provide an effective date.
SR 423. By Senators Garner of the 30th, Kennedy of the 4th and Gillis of the 20th:
A resolution creating the Hunter Safety Course Study Committee.
HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Cox of the 141st, Porter of the 119th and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to service of process, so as to provide for acknowledgement of service or waiver of process in cases before the probate court.
HB 1325. By Representatives Rainey of the 135th and Peters of the 2nd:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts in parks, historic sites, and recreational areas, gener ally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the com missioner of natural resources.
HB 1393. By Representative Wood of the 9th:
A bill to amend Code Section 33-22-13 of the Official Code of Georgia Annotated, relating to the procedure for cancellation of an insurance contract by a premium finance company upon default of the insured, so as to allow for the delivery of certain cancellation notices to insurers.
HB 1536. By Representative Pinkston of the 100th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public property, so as to provide for a statement of intent to implement certain provisions of the Consti tution relating to gratuities; to authorize any state agency or department to write off administratively debts or obligations to such state agency or department in certain instances.
HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.
HB 1539. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a 10 percent penalty for failure to file a timely ad valorem tax return on the part of a public utility or airline company; to eliminate the requirement that the state revenue commissioner make demand for filing of a return when a return is not timely filed.

MONDAY, FEBRUARY 24, 1986

1137

HB 1570. By Representatives Walker of the 115th, Smyre of the 92nd and Benefield of the 72nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education.
HR 514. By Representatives Home of the 103rd and Lucas of the 102nd:
A resolution granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb County, Georgia.
HR 587. By Representative Colwell of the 4th:
A resolution accepting the bid of Charles Alien Fields for the purchase of real property owned by the State of Georgia and located in Franklin County, Georgia.
HR 597. By Representatives Wilson of the 20th, Lee of the 72nd, McDonald of the 12th, Burruss of the 20th, Connell of the 87th and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution to require the full deductibility of state and local taxes from taxable income for federal income tax purposes.
The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State 214 State Capitol
Atlanta 30334
February 21, 1986
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons, who have registered in the Docket of Legislative Appearance for the 1986 Regular Session as of 3:00 p.m. on February 21, 1986. The list is numbered 602 through 610.
Most sincerely,
Is/ Max Cleland
Attachment:
Received by /s/Hamilton McWhorter, Jr.
STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains names and addresses of those persons, numbered 602 through 610, who have registered in the Docket of Legislative Appearance as of February 21, 1986, 3:00

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p.m., in accordance with Georgia Laws 1970, pp. 695 as the same appears on file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 21st day of February, in the year of our Lord One Thousand Nine Hundred and eighty-six and of the Independence of the United States of America the Two Hundred and tenth.

(SEAL)

/s/ Max Cleland Secretary of State

602. Guy Slappey United Transportation Union Route 6, Box 320 Thomasville, GA 31792 912/226-1292

606. Pat Gardner Ga. Psychological Assn. 100 Edgewood, Suite 1250 Atlanta, GA 30303 404/688-0705

603. Susan E. Calhoun Georgia PTA 303 Skyline Drive Cohutta, GA 30710 404/694-8838
604. Margaret Ball REGISTERED AGENT Georgia PTA Dalton-Whitfield Chamber of Commerce 2475 Dug Gap Road, S.W. Dalton, GA 30720 404/277-2575

607. Aaron Baranan Ansley Pavilion 560 St. Charles Ave. Atlanta, GA 30308 404/874-2233
608. Thomas L. Osborne Southeastern Independent Oil Marketers Assn. 6045 Barfield Road, N.E. #104 Atlanta, GA 30328 404/256-5541
609. Kenneth C.S. Cruickshank Informed Health Care - National Health Foundation 2121 Hewatt Road Snellville, GA 30084 404/979-0990

605. Bobby E. Hall Georgia PTA 3554 South Dixie Hwy. Dalton, GA 30701 404/277-9122

610. John C. Millican C.I.G.N.A. 3150 Holcomb Bridge Road #410 Norcross, GA 30071 404/449-8510

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison

Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie Peevy Perry

MONDAY, FEBRUARY 24, 1986

1139

Phillips Ray Reddish Scott of 2nd
Scott of 36th

Starr Stumbaugh Tate Timmons
Tolleson

Trulock Turner
. lysmger
Walker

Senator Broun of the 46th introduced the chaplain of the day, Reverend Charles R. Hasty, pastor of First Presbyterian Church, Athens, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 440. By Senator Timmons of the llth:
A resolution expressing deepest regrets at the passing of Sheriff George Edward Goare.

SR 442. By Senator Perry of the 7th:
A resolution commending the Board of Commissioners of Ware County and cer tain local governmental personnel.

SR 449. By Senator Kennedy of the 4th: A resolution commending Marion Hitt.

SR 450. By Senators Walker of the 43rd, Scott of the 36th, Bond of the 39th and others: A resolution commending Leonidas S. Epps.

SR 451. By Senators Foster of the 50th and Deal of the 49th: A resolution commending Eliot Wigginton and Foxfire Incorporated.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR Monday, February 24, 1986
THIRTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 573 Kidd, 25th Jasper County
Authorizes governing authority of county to impose business and occupa tional license taxes and license fees upon persons, firms, and corporations doing business in the unincorporated area of county; provides exceptions.

SB 574 Kidd, 25th Jasper County
Amends Act creating board of commissioners for county; changes compensa tion of chairman and other members of said board.

SB 577 Barnes, 33rd Brantley, 56th Harrison, 37th

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Tolleson, 32nd Cobb County
Amends Act changing compensation of clerk of superior court, sheriff, and probate judge of county from fee system to salary system, fixes salary of chief deputy to sheriff of county; fixes compensation of chief investigator for county.
SB 578 Barnes, 33rd Harrison, 37th Brantley, 56th Tolleson, 32nd Cobb County
Amends Act changing compensation of clerk of superior court, sheriff, and judge of Probate Court of county from fee system to salary system; changes compensation of judge and clerk of Probate Court.
HB 1502 Land, 16th Talbot County
Amends Act placing sheriff on an annual salary; provides for and changes provisions relating to full-time and part-time deputies and their compensa tion.
HB 1509 Gillis, 20th City of Lyons Toombs County
Amends Act incorporating city; provides for appeals from Recorder's Court.
HB 1516 Huggins, 53rd Walker County
Amends Act creating office of tax commissioner; changes provisions relating to amount of funds for compensation of personnel of said officer.
HB 1562 Coleman, 1st Scott, 2nd Bryant, 3rd Eastern Judicial Circuit Chatham County
Continues amendment authorizing designation of judges pro hac vice in East ern Judicial Circuit of Ga.
HB 1569 Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Continues amendment providing that the General Assembly may grant to the governing authority of county the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of county located outside the corporate limits of any municipality where lots have been subdivided.
HB 1582 Gillis, 20th Toombs County
Amends Act creating board of commissioners; changes compensation of chair man and other members of board of commissioners.

MONDAY, FEBRUARY 24, 1986

1141

HB 1645 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment authorizing mayor and aldermen of City of Savannah to issue bonds without a referendum under certain conditions Res. Act No. 244.

HB 1646 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment authorizing mayor and aldermen of city to issue bonds without a referendum under certain conditions.

HB 1647 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment creating Downtown Savannah Authority.

HB 1648 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah Chatham County
Continues amendment creating Savannah Airport Commission.

*HB 1698

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Authorizes county to provide transit services throughout county; provides ex ceptions. (SUBSTITUTE)

*HB 1699

Coleman, 1st Scott, 2nd Bryant, 3rd Chatham County
Creates Chatham Area Transit Authority; provides for a public transporta tion system for county area. (SUBSTITUTE)

HB 1727 Coleman, 1st Scott, 2nd Bryant, 3rd City of Garden City Chatham County
Amends Act establishing new charter for municipality; extends present cor porate limits of said municipality and annex and incorporates certain addi tional land to said municipality.

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HB 1740 Barker, 18th City of Jeffersonville Twiggs County
Amends Act establishing new charter for city; provides for four-year terms of office for mayor and council.
HB 1756 Gillis, 20th Toombs County
Amends Act creating State Court; changes compensation of judge and solici tor of court; provides for clerical assistance to judge and solicitor.
HB 1763 Barker, 18th City of Warner Robins Houston County
Amends Act providing new charter for city; authorizes city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to "Redevelopment Powers Law"; as now or hereafter amended; provides for certain such powers.
HB 1792 Coleman, 1st Scott, 2nd Bryant, 3rd City of Savannah
Amends several Acts relating to and incorporating mayor and aldermen of city; changes corporate limits of city; provides certain taxes and charges.
HB 1796 Kidd, 25th Putnam County
Amends Act changing method of electing members of board of education of county; provides for compensation and per diem of such members.
HB 1825 Huggins, 53rd Chattooga County
Amends Act relating to constitutional authorization for and imposition of lo cal sales and use tax in county for use by Chattooga County School District and the Trion Independent School District; changes formula by which pro ceeds of such tax are to be allocated between said two school systems.
HB 1826 Huggins, 53rd Chattooga County
Amends Act creating State Court; provides that judge of State Court shall be a part-time judge and may engage in practice of law; provides for office facili ties; changes qualifications of office of solicitor of State Court of county.
HB 1833 Gillis, 20th City of Vidalia Toombs County
Amends Act creating system of public schools for city of Vidalia; provides that school district of city shall be a body corporate and politic with author ity to purchase, acquire, condemn, and hold real estate in that name.

MONDAY, FEBRUARY 24, 1986

1143

The substitutes to the following bills were put upon their adoption:
*HB 1698:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1698:
A BILL
To be entitled an Act to authorize the Board of Commissioners of Chatham County to provide transit services throughout the county; to provide for exceptions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Except as provided by Section 2 of this Act, the Board of Commissioners of Chatham County is authorized to provide transit services within any portion or portions of the unincorporated area of Chatham County and within any portion or portions of any in corporated area of Chatham County. In carrying out this function, the Board of Commis sioners of Chatham County may contract with a transit authority. Section 2. (a) Except for the City of Savannah, any city in Chatham County may ex clude itself from the provisions of this Act. Such exclusion may be accomplished by a resolu tion adopted for that purpose by any such city if such resolution is adopted within 90 days after the effective date of this Act and is approved by a minimum of two-thirds of the members of the governing authority of such city. (b) Any city in Chatham County which adopts a resolution pursuant to subsection (a) of this section may, at any subsequent time, petition the Board of Commissioners of Chat ham County to come back under the provisions of this Act. Such petition shall take the form of a resolution duly adopted by the governing authority of the municipality. After receiving such petition, the Board of Commissioners of Chatham County may notify the governing authority of the petitioning city of the time when the city, a portion thereof, or none of the city will be included in the special district for transit services and may take such action as may be necessary to include the city or a portion thereof within the special district for transit services. Section 3. The Board of Commissioners of Chatham County may create a special dis trict for transit services, which may include all, any portion, or none of the unincorporated area of Chatham County or all, any portion, or none of the areas within the municipalities of Chatham County, as provided for in Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia to raise funds for the provision of transit services within such dis trict. If said special district includes a portion or portions of Chatham County lying within the corporate boundaries of the City of Savannah, then such special district shall also in clude other portions of Chatham County. Nothing in this Act shall be construed to prohibit the Board of Commissioners of Chatham County from financially supporting the provision of transit services within said county from any funds of said county. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.
*HB 1699:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1699:
A BILL To be entitled an Act to create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area; to provide for a short title;

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to provide a statement of findings and necessity; to provide for definitions; to provide for the membership of the authority; to provide that certain officers of the authority shall be bonded; to provide for the powers of the authority; to provide for areas to be served by the authority; to provide for the handling of the financial operations of the authority; to provide for the issuance of bonds by the authority; to provide for revenue bonds and for matters relative to the issuance of such bonds; to provide for negotiability and for exemption from taxation; to provide for the sale of bonds; to provide for the use of the proceeds of bonds; to provide for temporary bonds; to provide for the replacement of lost or stolen bonds; to provide conditions relative to the issuance of bonds and for the purposes of issuance; to provide that revenue bonds issued by the authority shall not constitute debt of the state or any county or municipality; to provide for trust indentures; to provide for payment of pro ceeds of bonds; to provide for a sinking fund; to provide for remedies of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction for certain actions; to provide for the validation of bonds; to provide for the protection of the interest of bond holders; to provide for construction contracts and for the purchase of supplies; to provide for the fixing and charging of fares, rates, fees, tolls, or charges; to provide for certain ex emptions from taxation; to provide exemption from rules and regulations of the Georgia Public Service Commission; to provide for the transfer of assets and liabilities from a previ ously existing authority to the Chatham Area Transit Authority; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date and for conditions relative thereto; to provide for the repeal of a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
CHAPTER 1
Purpose of Article
Section 1.1. Short title. This Act shall be known and may be cited as the "Chatham Area Transit Authority Act."
Section 1.2. Statement of necessity. It is found, declared, and determined that public convenience and necessity require the creation of a public authority to operate a transit system inside and outside of Chatham County and, in connection therewith, to engage in or complete projects and exercise the powers provided by this Act.
Section 1.3. Definitions. As used in this Act, unless the context clearly requires another meaning, the term:
(1) "Authority" means the Chatham Area Transit Authority created by this Act.
(2) "Cost of project" means and includes the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equip ment, financing charges, the cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incidental to the financing herein authorized, the acquisition and construction of the project, the placing of the same in operation, and the condemnation of property necessary for such acquisition, construction, and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the author ity with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. The cost of a project may also include all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of acquisition or construction of a project and during such addi tional period as the authority may reasonably determine to be necessary to place such pro ject in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.

MONDAY, FEBRUARY 24, 1986

1145

(3) "Director" means the director of the Chatham Area Transit Authority.
(4) "Transit system" means any and all real property, equipment, or facilities necessary or incidental to the implementation of the purposes and intent of this Act and shall include any subsystems or separate transportation systems including, but not limited to, a bus sys tem, train system, or any other type of transportation system.
(5) "Project" means and includes the acquisition, construction, equipping, maintenance, improving, and operation of a transit system and related buildings and equipment and the usual and convenient facilities appertaining to such undertakings and extensions and im provements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance, and operation of such transit system deemed by the authority to be necessary, convenient, or desirable for the operation of such system.
(6) "Revenues" means all rates, fares, tolls, fees, charges, rentals, proceeds derived from contracts for the services or facilities of the authority, government grants or other grants from public or private sources, or other income and revenue actually received or receivable by or for the account of the authority from the operation of the system, including, without limiting the generality of the foregoing, interest allowed on any moneys or securities and any consideration in any way derived from any properties owned, operated, or at any time main tained by the authority.
CHAPTER 2
Creation and Organization of Authority
Section 2.1. Creation. There is created a body corporate and politic to be known as the Chatham Area Transit Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said authority may contract and be contracted with, bring and maintain actions, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
Section 2.2. Membership, (a) The authority shall consist of the members of the Board of Commissioners of Chatham County and three citizen members as follows:
(1) One resident of the City of Savannah appointed by the mayor and aldermen of said city;
(2) One resident of the unincorporated area of Chatham County appointed by the board of commissioners of said county; and
(3) One resident of any municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County who shall be appointed as provided in paragraph (1) of subsection (b) of this section.
(b) (1) The citizen member of the authority provided for by paragraph (3) of subsection (a) of this section shall be appointed by a resolution naming the same person as such mem ber being adopted by the governing authority of each municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County. Such citizen member shall serve for a term of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first such member, of members of the authority who are also mem bers of the Board of Commissioners of Chatham County. Successors to such citizen member shall be appointed to take office at the same time members of the Board of Commissioners of Chatham County take office following their election, but any such citizen member shall serve until a successor is appointed and qualified as provided in this paragraph.
(2) The citizen members of the authority provided for by paragraphs (1) and (2) of subsection (a) of this section shall serve for terms of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first

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such members, of the members of the respective governing authorities making the appoint ment. Such members shall serve until their successors are appointed and qualified as pro vided in paragraph (1) or (2) of subsection (a) of this section.
(3) All citizen members of the authority shall be users of the transit system. Any citizen member who has served for two consecutive full terms of office shall not be eligible for reappointment as a member of the authority.
(c) (1) A citizen member's seat on the authority shall be forfeited if:
(A) The member lacks at any time the qualifications for membership on the authority provided by this Act;
(B) The member is convicted of any felony or other crime involving moral turpitude, regardless of the sentence imposed; or
(C) The member fails to attend four consecutive regular meetings of the authority with out being excused by the authority.
(2) If the seat of any citizen member of the authority becomes vacant because of death, resignation, or forfeiture as provided in paragraph (1) of this subsection, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section.
(d) A majority of the members of the authority shall constitute a quorum for the trans action of business. No vacancy on the authority shall impair the right of a quorum to exer cise all the rights and perform all the duties of the authority.
(e) No member of the authority shall vote on any matter in which such member shall have directly or indirectly any financial interest. Except for compensation received as an employee, no employee of the authority shall have directly or indirectly any financial inter est in or profit or benefit from any contract, work, or business of the authority or in the sale, lease, or purchase of any property to or from the authority.
(f) Members of the authority shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred on authority business, provided such expenses were authorized in advance of their being incurred.
(g) Unless otherwise provided by procedures or bylaws adopted by the authority, the chairman of the Board of Commissioners of Chatham County shall be the chairman of the authority and the vice-chairman of the Board of Commissioners of Chatham County shall be the vice-chairman of the authority. The vice-chairman shall act in the absence or inabil ity of the chairman. Regular meetings of the authority shall be held at least quarterly, the time, place, and notice of such meetings to be fixed by the authority. All meetings of the authority shall be conducted in accordance with Robert's Rules of Order, unless the author ity shall adopt other rules. All motions, resolutions, and all other proceedings of the author ity and all documents and records in its possession shall be public records and open to public inspection as provided in Article 4 of Chapter 13 of Title 50 of the O.C.G.A.
(h) The chairman of the authority shall be entitled to vote on any matter coming before the authority.
Section 2.3. Secretary-treasurer and director, (a) A secretary-treasurer and a director shall be appointed by the authority and shall serve at the pleasure of the authority. The secretary-treasurer need not be a member of the authority and the director shall not be a member of the authority. Both officers shall perform those duties imposed by this Act and by policies of the authority. The director shall have responsibility for the management of the properties and business of the authority and the employees thereof, shall direct the enforcement of all resolutions, rules, and regulations of the authority, and shall perform such other duties as may be prescribed from time to time by the authority.
(b) Before entering upon the duties of their respective offices, the secretary-treasurer

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and director shall each execute a bond with a corporate surety to be approved by the au thority. The bond of both officers shall be payable to the authority in whatever penal sum may be directed by the authority, conditioned upon the faithful performance of the duties of their respective offices and the payment of all moneys received by each of them according to law and the orders of the authority. The authority may at any time require a new bond from either or both officers in such penal sum as may then be determined.
Section 2.4. Audits. The authority shall cause the books and records of the authority to be audited annually by the external auditor of Chatham County, unless another qualified auditor, who shall be a certified public accountant or a firm of certified public accountants, is selected by the authority.
CHAPTER 3
Powers of Authority
Section 3.1. General and enumerated powers. The powers of the authority shall include, but shall not be limited to, those powers generally conferred upon authorities pursuant to law and shall also include those specifically granted by this Act which may be exercised to accomplish the purpose for which the authority is created. The specific powers of the au thority shall include the following:
(1) To receive and administer gifts, grants, and donations;
(2) To adopt a seal and alter the same at its pleasure;
(3) To execute contracts in such manner as the authority may determine;
(4) To acquire by grant, purchase, gift, device, or lease; and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever as may be neces sary for the full exercise of, or convenient or useful for the carrying on of, any of its powers granted by this Act;
(5) To acquire, construct, complete, develop, own, operate, and maintain a transit sys tem for the purpose of transporting persons inside and outside of Chatham County, includ ing power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data, or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of the transit system;
(6) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys; to fix or provide for their respective compensation; to provide for pension and retirement plans for these officers, agents, and employees; to provide for or contract for group life, medical, and hospitalization insurance plans for said officers, agents, and employees and to pay the costs thereof either in whole or in part; and to be a self-insurer as to workers' compensation claims without being required to comply with the provisions of the Official Code of Georgia Annotated which relate to self-insurers and the posting of security or indemnity bonds;
(7) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage, pledge, and assign any and all of its funds, property, or income as security therefor and to provide for the payment of the same and the rights of the holders thereof;
(8) To issue negotiable or registered bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders thereof;
(9) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not expressly prohibited by law;
(10) To bring and maintain actions in its corporate name in all courts of competent jurisdiction;

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(11) To enter into contracts or agreements with any public or private corporation, or other person or with the United States, the State of Georgia, Chatham County, any munici palities, or any other governmental units, authorities, or political subdivisions in order to exercise and carry out its powers and purposes;
(12) To have and to exercise the usual powers of public and private corporations per forming similar functions which are not in conflict with the Constitution and laws of this state or of the United States of America;
(13) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and properties, and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority;
(14) To enter into contracts for the operation, maintenance, management, or supervi sion of all or any portion of the transit system;
(15) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(16) To exercise the right and power of eminent domain for the condemnation of real or personal property or any right or interest therein for its use in the operation of the business of the authority, including the power to acquire real property in fee simple or any lesser estate or interest;
(17) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer, or employee of the authority in the performance of the duties of office or employment of any other insurable risk;
(18) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed as the board may deem necessary or expedient in facilitating the business of the authority;
(19) To acquire for cash or by exchange of its bonds any publicly or privately owned bus lines or other transportation facilities inside or outside of Chatham County, which may be integrated as feeder services with the transit system of the authority;
(20) To require that certain officers and employees shall execute a bond with a corpo rate surety to be approved by the authority. The bond of such officers and employees shall be payable to the authority in whatever penal sum may be directed by the authority, condi tioned upon the faithful performance of the duties of their respective offices and the pay ment of all moneys received by them according to law and the orders of the authority. The authority may at any time require a new bond from any officer or employee in such penal sum as may then be determined; and
(21) To exercise any and all other powers necessary or convenient to carry out the pur poses and intent of this Act.
Section 3.2. Area served. No area within Chatham County shall be served by the Chat ham Area Transit Authority unless it is part of a special district for transit services created by the Board of Commissioners of Chatham County as provided by law and as authorized by Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia.
Section 3.3. Financial operations. The financial operations of the authority, including but not limited to, investment of funds, financial accounting and reporting, purchasing, and other such financial or administrative matters may be performed by Chatham County unless otherwise directed by the authority.
Section 3.4. The authority shall have sovereign immunity except, however, the defense of sovereign immunity is waived as to those actions for the recovery of damages for any

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claim against the authority for which liability insurance protection for such claims has been provided but only to the extent of the liability insurance so provided.
CHAPTER 4
Bonds
Section 4.1. Revenue bonds. In furtherance of the purposes of this Act and for the pur pose of acquiring, constructing, and equipping a modern and efficient transit system or any part thereof and for the purpose of financing the cost of any project in connection therewith, the authority may issue revenue bonds in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law" and exercise, in addition to the other powers provided by this Act, the powers provided by said "Revenue Bond Law" in the same manner and to the same extent as counties and municipalities of this state.
Section 4.2. Issuance of revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable or registered revenue bonds for the purpose of paying all or any part of the cost of a project of the authority. The principal and interest of such revenue bonds shall be payable solely from the special funds hereinafter provided by this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable at such times, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before ma turity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance pursuant to and in conformity with the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Reve nue Bond Law and any amendments thereof, except that in lieu of specifying the rate or rates of interest which the bonds are to bear, which may be fixed or may fluctuate or other wise change from time to time, the petition to validate the bonds may set forth a maximum rate of interest which any bonds are to bear.
Section 4.3. Form, denominations, registration, place of payment. The authority shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone or as to both the principal and interest.
Section 4.4. Signatures, seal. Should any officer whose signature or facsimile signature appears on any bonds or whose signature or facsimile signature appears on any coupon cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto or printed thereon and any coupons attached thereto shall bear the facsimile signature of the chairman or secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the preparation or execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
Section 4.5. Same; negotiability; exemption from taxation. Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law

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subject only to the provisions of the bonds for registration. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 4.6. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority.
Section 4.7. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects for which the bonds were issued, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be enti tled to be paid from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds.
Section 4.8. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim re ceipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 4.9. Same; replacement of lost or mutilated bonds. The authority may also pro vide for the replacement of any bond which shall become mutilated or be destroyed or lost.
Section 4.10. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other condi tions or things than those proceedings, conditions, and things which are specified or re quired by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project of the authority. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority.
Section 4.11. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Chatham County, or any municipality served by the authority, nor a pledge of the faith and credit of the said state, county, or municipality, but such bonds shall be payable solely from the fund herein after provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said state, county, or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals covering substantially the foregoing provisions of this section.
Section 4.12. Same; trust indenture as security. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside of the state having trust powers. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for pro tecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the au thority in relation to the acquisition of property, the construction of the project, the mainte nance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds is sued therefor and may also require that the security given by contractors and by any deposi tary of the proceeds of the bonds or revenues or other moneys be satisfactory to such pur chasers, and may also contain provisions concerning the conditions, if any, upon which

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additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such in demnifying bonds or pledge such securities as may be required by the authority. Such in denture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 4.13. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 4.14. Same; sinking fund. The revenues, fees, tolls, charges, and earnings de rived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source re ceived, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the pay ments of (1) the interest on such revenue bonds as such interest shall fall due, (2) the prin cipal of the bonds as the same shall fall due, (3) the necessary charges of any transfer, registrar, or paying agent for the bonds, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 4.15. Same; remedies of bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be re stricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 4.16. Same; refunding bonds. The authority is authorized to provide by resolu tion for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. The issuance of such revenue refunding bonds, and maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in

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respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 4.17. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Chatham County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 4.18. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipal ity, county, authority, subdivision, or instrumentality or other party shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, againsfr'the authority, subdivision, instrumentality, or other party contracting with the said authority.
Section 4.19. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
CHAPTER 5
Fiscal
Section 5.1. Construction contracts. All construction contracts and all contracts for the purchase of supplies, equipment, and services, shall be awarded in accordance with policies and procedures established by the authority.
Section 5.2. Rates. The authority is authorized to prescribe and fix and collect fares, rates, fees, tolls, or charges and to revise from time to time and collect such fares, rates, fees, tolls, or charges for the transportation services and facilities furnished.
CHAPTER 6
Exemptions
Section 6.1. Exemption from taxation. The authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income, and others, imposed by the State of Georgia or by any of its subdivisions or taxing districts upon any property, real and per sonal, acquired or owned by the authority or under its jurisdiction, control, possession, or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the authority from the operation of said transit system or otherwise. The bonds of the authority, their transfer and the income therefrom, shall be exempted from taxation by the state or any of its subdivisions or taxing districts.
Section 6.2. Exemption from rules. The authority shall be exempt from the rules and regulations of the Georgia Public Service Commission and the Public Service Commission shall not be responsible for regulating the operations of the authority.

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CHAPTER 7
Transition Provisions
Section 7.1. Transfer of assets and liabilities. Upon the adoption of a resolution for such purpose by the authority and at the time specified by such resolution, all property, both real and personal, and all other assets and liabilities including, but not limited to, all agree ments, rights, interests, grants, and leases of the Savannah Transit Authority shall be trans ferred to the Chatham Area Transit Authority, except that any debts still outstanding as being owed to Chatham County or any municipality in Chatham County shall be subject to such modification or cancellation as may be mutually agreeable to the Chatham Area Transit Authority and such county or municipality.
CHAPTER 8
Construction
Section 8.1. Construction. This Act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes of this Act; and the specific powers, authority, and immunities granted by this Act are to be construed as an illustration of and not as a limitation of, the general powers, authorities, and immunities granted by this Act.
CHAPTER 9
Construction and Legislative Intent
Section 9.1. Severability. The provisions of this Act are severable, and if any of its pro visions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling.
CHAPTER 10
Effective Date
Section 10.1. Effective date. This Act shall become effective on January 1, 1987, pro vided, however, that this Act shall not become effective until a special district for transit services has been created by the Board of Commissioners of Chatham County as provided for in Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia.
CHAPTER 11
Repeal of Savannah Transit Authority Act of 1960
Section 11.1. Repeal of Act. Upon the adoption of the resolution specified by Section 7.1 of this Act and at the time specified by said resolution for the transfer of the assets and liabilities of the Savannah Transit Authority to the Chatham Area Transit Authority cre ated by this Act, the Act known as the "Savannah Transit Authority Act of 1960," approved March 17, 1960 (Ga. L. 1960, p. 2620), as amended, shall stand repealed in its entirety and shall no longer have any force and effect.
CHAPTER 12
General Repealer
Section 12.1. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Howard Hudgins Huggins Kennedy Kidd Land Langford

McGill McKenzie Peevy Perry Rav Reddish SQoccoo,tt.tt ooief d2,,,,on.dt,n
Stumbaugh, Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Cobb

Holloway Horton

Phillips Timmons

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1698 and HB 1699, having received the requisite constitutional majority, were passed.

HB 1698 and HB 1699, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Monday, February 24, 1986
THIRTY-FIRST LEGISLATIVE DAY
SB 532 Hospital Equipment Financing Authority Act--administration (AMEND MENTS) (Hum R--25th)
HB 1439 Promotional Contests--failure to comply with requirements deceptive act (I&L-- 18th)
HB 460 State Patrol Disciplinary Board--composition (Pub Saf--28th)
HB 1341 Impersonation of Conservation Officer--repeal provisions (Pub Saf--28th) HB 779 Teachers Retirement--military service credit when draft was in effect
(Ret-- 38th)
HB 1465 Septic Tank Installation Within Unincorporated Areas of Counties--standards (AMENDMENT) (Nat R--54th)
SR 376 Voluntary Silent Prayer in Schools--urge Congress to propose constitutional amendment (Ed--7th)

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1155

HR 476 Cases of Child Sexual Abuse--urge use of restitution orders (C&Y--33rd)
HR 477 Cases of Child Sexual Abuse--urge training of criminal justice professionals (C&Y--33rd)
SR 382 Medical Examiners Board--investigate medical malpractice complaints (Hum R--34th)
SB 561 Superior Court Judges--salary of each secretary (J&CL--26th)
SB 380 Property Annexation--limitations on certain municipalities (SUBSTITUTE) (U&CA-G--37th)
HB 1159 Practitioner of Healing Arts--compliance when dispensing drugs (Hum R--54th)
SB 570 Advertisement by Attorney of Services on Contingent Fee Basis--conditions (J&CL--45th)
SB 562 Department of Transportation Pilots--not continue employment after age 65 (Trans--1st)
SR 389 Joint Developmental Studies in Georgia Study Committee--create (AMEND MENT) (Ed--50th)
HB 1695 General Assembly Members, Officers--reimbursement for interim air travel (Rules--12th)
SB 563 Proposed Transportation Facility--hearings (Trans--1st)
HB 1316 Medical Examiners Board--licensee's fitness to practice after malpractice (Hum R--26th)
SB 564 Tollway Authority Law--determining whether self-liquidating (Trans--1st)
SB 475 Magistrates--those who may appear in any court in criminal matter (J&CL--45th)
HB 1447 Family Violence--change definition (J&CL--33rd)
SB 497 Physicians, Osteopaths, Orthotists--change provisions on regulation (Hum R--49th)
HB 1560 School Buses--allow for other purposes certain conditions (AMENDMENT) (Ed--50th)
SB 468 Death Penalty--special procedures for trial in certain cases those under 18 years of age (C&Y--35th)
HB 1146 Civil Actions--provisions for attorney's fees to be awarded (SUBSTITUTE) (J&CL--45th)
SR 394 Health Care Supply and Financing Study Committee--create (SUBSTITUTE) (Hum R--28th)
HB 1344 Lawful Taking of Wildlife--unlawful to interfere (AMENDMENT) (Nat R--20th)
HR 577 Joint Liability Insurance Study Committee--create (Rules--12th)
SR 402 Commission on Agriculture in Georgia--urge Governor to appoint (Ag--10th)
HB 377 Custody Proceedings Between Parents--agreement regarding issues may be presented (AMENDMENT) (C&Y--2nd)
HB 1355 Hospital Authorities--change filing requirements for audits (Hum R--52nd)
SR 360 West Georgia Rapid Transit System Study Committee--create (Trans--15th)
SB 358 Felony Cases--change provisions on peremptory challenges (SUBSTITUTE) (J&CL--16th)
Respectfully submitted,
/s/ Holloway of the 12th, Chairman Senate Rules Committee

1156

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on February 18 and postponed until February 20, was put upon its passage:
SB 532. By Senator Kidd of the 25th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administra tion of the authority; to change the provisions relating to staff of the authority and the duties of such staff.
The Senate Committee on Human Resources offered the following amendment:
Amend SB 532 by striking from line 31 of Page 3 the following:
"nonprofit".
By striking from line 7 of Page 4 the following:
"nonprofit".
Senators Hine of the 52nd and Barnes of the 33rd offered the following amendment:
Amend SB 532 by striking lines 31 through 34 of Page 3 and lines 1 through 11 of Page 4, which read as follows:
"(5) 'Health facility' means any health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel.
(6) 'Participating provider' means a person, corporation, municipal corporation, politi cal subdivision, or other entity, public or private, which owns or operates a health facility and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, health equipment.'",
and inserting in their place the following:
"(5) 'Health facility' means any nonprofit health care facility licensed by the depart ment under Article 1 of this chapter as a hospital which is owned or operated by a partici pating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel.
(6) 'Participating provider' means a person, corporation, municipal corporation, politi cal subdivision, or other entity, public or private, which owns or operates a nonprofit health facility and which contracts under this chapter with the authority for the financing or refi nancing of, or the lease or other acquisition of, health equipment.'"
Senators Hine of the 52nd and Barnes of the 33rd asked unanimous consent to with draw their amendment; the consent was granted, and the amendment was withdrawn.
On the adoption of the amendment offered by the Senate Committee on Human Re sources, the yeas were 22, nays 27, and the amendment was lost.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 532 by renumbering Section 6 as "Section 7" and inserting a new Section 6 to read as follows:
"Section 6. Notwithstanding any other provision to the contrary, any bonds issued by this Authority shall require the approval of the Georgia State Financing and Investment

MONDAY, FEBRUARY 24, 1986

1157

Commission as provided in Article 2 of Chapter 17 of Title 50 of the Official Code of Geor gia Annotated."
On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 38, nays 0, and the amendment was adopted.
Senators Hine of the 52nd and Barnes of the 33rd offered the following amendment:
Amend SB 532 by striking from line 1 of Page 1 the following: "To",
and inserting in its place the following:
"To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and related institutions, so as to provide for definitions; to require certain institutions to make certain reports; to provide for the revocation of permits of certain institutions which fail or whose staff physicians fail to have sufficient participation in the medicare and Medicaid programs; to".
By inserting between lines 15 and 16 of Page 1 the following:
"Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and related institutions, is amended by adding following Code Section 31-7-4 a new Code section to read as follows:
'31-7-4.1. (a) As used in this Code section, the term:
(1) "Institution" means a hospital, nursing home, ambulatory surgical treatment center, freestanding emergency care clinic, or birthing center.
(2) "Medicaid" means benefits provided under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended.
(3) "Medicare" means benefits provided under the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended.
(4) "Report period" means the 12 month period immediately preceding that July in which a report is required to be submitted under subsection (b) of this Code section.
(b) Between July 1 and July 31 of each year beginning in 1987, each institution shall submit to the department, on forms provided by the department, a report containing the following information:
(1) The total gross revenues of that institution for the report period;
(2) The total dollar reimbursement that institution received for Medicaid claims during the report period and the total dollar amount of Medicaid claims made by that institution during the report period;
(3) The total dollar reimbursement that institution received for medicare claims during the report period and the total dollar amount of medicare claims made by that institution during the report period; and
(4) The total number of physicians who had staff privileges at the institution during the report period and the total number of such physicians who received reimbursement from medicare or Medicaid during that report period.
(c) Any institution which fails during any two successive report periods to have a com bined medicare and Medicaid reimbursement for those report periods of at least 3 percent of that institution's total gross revenues for those report periods shall have that institution's permit revoked by the department, as provided in Code Section 31-7-4.'"
By redesignating previously existing Sections 1, 2, 3, 4, 5, and 6 as Sections 2, 3, 4, 5, 6, and 7, respectively.

1158

JOURNAL OF THE SENATE

Senators Hine of the 52nd and Barnes of the 33rd asked unanimous consent to with draw their amendment; the consent was granted, and the amendment was withdrawn.

Senator Turner of the 8th moved that the Senate reconsider its action in defeating the amendment offered by the Senate Committee on Human Resources to SB 532.

On the motion, Senator Hine of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond Bowen Brannon Brown of 47th Bryant Coleman Dean

English Foster Gillis Greene Harris Hudgins Kennedy Kidd McGill

McKenzie Perry Phillips Ray Reddish Scott of 2nd Timmons Turner Walker

Those not voting were Senators:

Albert Baldwin Barne8 Brantley BBruorutonnof 46th
Cobb
Coverdell Dawkins Deal

Engram Fincher Garner Harrison HHoinlleoway
Horton
Howard Huggins Land

Langford Peevy Scott of 36th Start cSt, umb, augh,
late
Tolleson Trulock Tysinger

On the motion, the yeas were 27, nays 29; the motion was lost, and the amendment offered by the Senate Committee on Human Resources was not reconsidered.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb

Coleman Coverdell Dawkins Deal Dean English Engram Fincher Foster Garner Gillis Greene Harris

Harrison Hine Holloway Horton Howard Hudgins Huggins Kennedy Kidd Land Langford McGill McKenzie

MONDAY, FEBRUARY 24, 1986

1159

Peevy Phillips Ray Reddish Scott of 2nd

Scott of 36th Starr Stumbaugh Tate Timmons

Those voting in the negative were Senators:

Tolleson Trulock Tysinger Walker

Allgood

Perry

Turner

On the passage of the bill, the yeas were 53, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Phillips of the 9th introduced a doctor of the day, Dr. Rodger Chapman, of Stone Mountain, Georgia.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1439. By Representatives Watson of the 114th, Hooks of the 116th and Byrd of the 153rd:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices.
Senate Sponsor: Senator Barker of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Brannon BBrroanutnleoyf 46th
Brown of 47th Bryant Burton Cobb Coleman Dawkins Deal

Dean English Engram Foster Garner Gillis
greene Harris HHianrerison
Holloway Horton Howard Kidd Langford McGill McKenzie

Peevy Perry Phillips Ray Reddish Scott of 2nd Scott ^. S,_,t, umb, augh,
latc Timmons Tolleson Trulock Turner Tysinger Walker

1160

JOURNAL OF THE SENATE

Those not voting were Senators:

Coverdell Fincher

Hudgins Huggins

Kennedy (presiding) Land

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time on February 18 and postponed until February 20, was put upon its passage:

HB 460. By Representative Ramsey of the 3rd: A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board.
Senate Sponsor: Senator Cobb of the 28th.
The report of the committee, which was favorable to the passage of the bill, was agreed
to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins

Deal Dean English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Kidd Langford McGill

Those not voting were Senators:

McKenzie Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Fincher Howard Hudgins

Huggins Kennedy (presiding)

Land Peevy

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 24, 1986

1161

The following general bill of the House, having been read the third time on February 18 and postponed until February 20, was put upon its passage:

HB 1341. By Representative Ramsey of the 3rd:
A bill to amend the Official Code of Georgia Annotated so as to change the provi sions relating to impersonating a public officer or employee; to repeal the provi sions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety.
Senate Sponsor: Senator Cobb of the 28th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bond owen Brantley BBrroowunn ooff 4467tthh B rvan t Burton C 0 l,b Coleman Coverdell Dawkins Deal

Dean English Engram Foster Garner
Gillis Greene HarrU ",,am.son Hme Holloway Horton Hudgins Kidd Land Langford

McGill McKenzie Perry Phillips Ray
Reddish Scott of 2nd gcott of 36th ^0t, arr . Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Brannon Fincher Howard

Huggins Kennedy (presiding)

Peevy Trulock

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the House, having been read the third time on February 13 and committed to the Senate Committee on Retirement, and favorably reported by the committee, was put upon its passage:

HB 779. By Representatives Childs of the 53rd, Cummings of the 17th, Lawler of the 20th and others:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement

1162

JOURNAL OF THE SENATE

System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions.
Senate Sponsor: Senator Tate of the 38th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Rudolph Johnson, Chairman

House Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

December 4, 1985

SUBJECT: Actuarial Investigation--House Bill 779 (LC 7 5998) Teachers Retirement System

This Bill would allow a member who was on active duty in the U.S. armed forces during any period a military draft was in effect and who was honorably discharged to receive credit for such service. The member would be required to pay the employee and employer contri butions which would have been paid during the period creditable service is claimed based on the member's compensation upon first becoming a teacher after completing military service plus applicable accrued regular interest on the contributions compounded annually.

No creditable service could be obtained under this proposal if the same military service had been or may be obtained under existing law. Service credit received under all provisions allowing credit for active military duty may not exceed five years.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods with a $2.3 billion estimated payroll.

(1) Increase in unfunded actuarial accrued liabilities

$0

(2) Increase in annual normal cost

$0

(3) Current employer contribution rate in effect

12.91%

(4) Is current employer contribution rate in conformance with the

minimum funding standards required by the Georgia Code

yes

(5) Employer contribution rate recommended by actuary as a result of this Bill

12.91%

(6) Total annual employer contributions necessary to maintain retirement system in actuarially sound condition

$296,930,000

According to the actuary for TRS the additional annual cost to the employer would be negligible in the first year as a result of this Bill.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
hi G.W. Hogan State Auditor

MONDAY, FEBRUARY 24, 1986

1163

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Dawkins

Deal Dean English Engram Foster Garner Greene Harris Hine Holloway Horton Hudgins Kidd Land Langford

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner

Those voting in the negative were Senators:

Coverdell

Harrison

Tysinger

Those not voting were Senators:

Fincher Gillis Howard

Huggins Kennedy (presiding)

McKenzie Walker

On the passage of the bill, the yeas were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1465. By Representatives Peters of the 2nd, Ramsey of the 3rd, Foster of the 6th, Wil liams of the 6th, Hays of the 1st and others:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated areas of counties.
Senate Sponsor: Senator Fincher of the 54th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 1465 by adding on line 19 of Page 2, between the word "installation" and the word "is", the following:
"permit".

1164

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 30, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond
Bwen Bnnon
Broun^th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner
Gillis Greene
arris Harnson Hme Holloway Horton Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Ray
Reddish gcott of 2nd
Scott of 36th Starr Stumbaugh Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Howard

Phillips

Tate

Kennedy (presiding)

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to con duct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond

Brannon Brantley Broun of 46th Brown of 47th Bryant Burton

Coleman Coverdell Dawkins Deal Dean English

MONDAY, FEBRUARY 24, 1986

1165

Engram Fincher
Foster Garner
X llhs reene HHaarrrriisson jjjne Holloway Horton Howard

Hudgins Huggins Kidd Land
Langford McGill
McKenzie Peevy Perry Phillips Ray

Reddish Scott of 2nd Scott of 36th Starr
Stumbaugh Tate
Timmons Tolleson Trulock Turner Tysinger

Those not voting were Senators:

Bowen Cobb

Kennedy (presiding)

Walker

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 476. By Representatives Thompson of the 20th, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd, Burruss of the 20th and others:
A resolution urging the use of restitution orders in cases involving victims of child abuse or sexual abuse.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Hudgins Huggins Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brannon Howard

Kennedy (presiding) Land

Reddish

1166

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 477. By Representatives Thompson of the 20th, Bailey of the 72nd, Walker of the 115th, Benefield of the 72nd, Smyre of the 92nd and others:
A resolution urging the training of criminal justice and social services profession als in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation.
Senate Sponsor: Senator Barnes of the 33rd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Bond Bowen

Kennedy (presiding) Land

Reddish

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 382. By Senators Engram of the 34th and Howard of the 42nd:
A resolution urging the Composite State Board of Medical Examiners to exercise more effectively its authority to investigate complaints alleging medical malprac tice and discipline physicians.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 24, 1986

1167

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen
TMnnn Broun rf 46th
Brown of 47th Brvant Burton Cobb Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene
Harris "arrison
lnf Holloway Horton Howard Hudgins Huggins Kidd Langford

McGill McKenzie Peevy Perry Phillips Ray
Scott of 2nd Scott of 36th
ftarr Stumbaugh Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bond Coleman Garner

Kennedy (presiding) Land

Reddish Trulock

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 561. By Senator Greene of the 26th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to the employment, status, and compensation of secretaries of judges of the superior courts, so as to provide that the base salary of each secretary shall be established on a pay schedule beginning at Step 1 and ending at Step 7.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 207 Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Richard L. Greene

State Senator

FROM:

G.W. Hogan, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 20, 1986

SUBJECT: Fiscal Note--Senate Bill 561 (LC 4 4826) Compensation: Superior Court Judges' Secretaries

This Bill would add an additional step to the pay schedule for secretaries

1168

JOURNAL OF THE SENATE

of judges of the superior courts. The Bill would create a pay schedule consist ing of Step 1 at $13,956 annually and ending with Step 7 at $18,703 annually, with each step equal to an amount five percent greater than the previous step. Under current law, the schedule ends with Step 6 at $18,703 annually.
According to the Department of Administrative Services, there would be no administrative costs attached to this Bill.
It should be noted that increasing the steps by five percent beginning with Step 1 at $13,956 would result in a salary of only $17,812 at Step 6. Adding the seventh step with a five percent increase would result in the $18,703 salary contained in the Georgia Code.

/s/ G.W. Hogan State Auditor

/s/ C.T. Stevens, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Burton Coverdell Dawkins Deal Dean

English Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Land

Langford McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Turner Tysinger Walker

Those not voting were Senators:

Bond Cobb Coleman

Fincher Kennedy (presiding) Reddish

Stumbaugh Trulock

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Anno tated, relating to limitations on certain municipalities to annex property pursu ant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities; to provide an effec tive date.

MONDAY, FEBRUARY 24, 1986

1169

The Senate Committee on Urban and County Affairs offered the following substitute to SB 380:
A BILL
To be entitled an Act to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to applica tion of 60 percent of landowners and electors, so as to completely revise the provisions relat ing to annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain municipalities may not annex territory pursu ant to such article until such time as specified conditions are met; to provide for certain other limitations on such annexation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by striking Code Section 36-36-22.1, which reads as follows:
"36-36-22.1 (a) As used in the Code section, the term:
(1) 'Assessed valuation of property per pupil in average daily attendance' means the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system pre pared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which:
(A) Has within its corporate boundaries an independent school system with an average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27.
(5) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single fam ily or multifamily dwellings.
(b) Any other provisions of this article to the contrary notwithstanding, except as other wise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipal ity is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the

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JOURNAL OF THE SENATE

equalized adjusted school property tax digest of such county school system during any cal endar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the imme diately following calendar year.
(c) If the value of the total territory actually annexed by a municipality during a calen dar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation pro vided by subsection (b) of this Code section during that calendar year, then for the immedi ately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the value of the property which could have been annexed and the value of the property actually annexed during the calendar year.",
in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows:
"36-36-22.1. (a) As used in this Code section, the term:
(1) 'County' means a county having a municipality, as defined by paragraph (6) of this subsection, lying wholly within its boundaries.
(2) 'County school district' means the county school district of a county defined by paragraph (1) of this subsection.
(3) 'FTE count" means the full-time equivalent program count for a school system which is used to compute the funds needed to finance the school system's program for the ensuing year as such term is described in subsection (b) of Code Section 20-2-160 of the 'Quality Basic Education Act.'
(4) 'Gross tax digest of a county or municipality' means the most recent actual gross tax digest for either such political subdivision as approved by the state revenue commissioner pursuant to the provisions of Code Section 48-5-271.
(5) 'Gross tax digest of a county school district' means the gross tax digest of the county reduced by the amount of the gross tax digest of a municipality.
(6) 'Municipality' means any municipal corporation which:
(A) Has within its corporate boundaries an independent school system which had an FTE count exceeding 3,000 for the fiscal school year immediately preceding the adoption of an annexing ordinance as provided in Code Section 36-36-27; and
(B) Is located within a county in which the county school system of such county had an FTE count exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27.
(7) 'Population' means population as shown on the most recent 'Local Population Esti mates' published by the United States Department of Commerce, Bureau of the Census.
(8) 'Taxable property per county school district resident' means the amount determined by dividing the population of the county school district into the gross tax digest of the county school district.
(9) 'Taxable property per municipal resident" means the amount determined by divid ing the population of the municipality into the gross tax digest of the municipality.
(b) No municipality shall be authorized to annex any territory pursuant to the author ity of this article until such time as the amount of taxable property per municipal resident does not exceed the amount of taxable property per county school district resident.
(c) During any calendar year immediately following a calendar year when the amount of taxable property per county school district resident exceeded the amount of taxable prop erty per municipal resident, a municipality may annex territory pursuant to this article, provided that the total annexation during such calendar year may not cause the amount of

MONDAY, FEBRUARY 24, 1986

1171

taxable property per municipal resident to exceed the amount of taxable property per county school district resident."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Harris Harrison Hine Holloway Horton Howard Hudgins Huggins Kidd Langford

Those not voting were Senators:

McGill McKenzie Peevy Perry Phillips Ray Scott of 2nd Scott of 36th Starr Tate Timmons Tolleson Trulock Turner Tysinger Walker

Barker Bond Cobb

Greene Kennedy (presiding) Land

Reddish Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1159. By Representative Parham of the 105th:
A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Geor gia Annotated, relating to pharmacists and pharmacies, so as to provide that practitioners of the healing arts who dispense drugs shall comply with all recordkeeping and labeling requirements imposed upon pharmacists and pharmacies.
Senate Sponsor: Senator Fincher of the 54th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1172

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bond Bowen Brannon
oBrroaunnt'eoyff 4^ 6th BBrroywannt of 47th
Burton Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster Garner Gillis Greene
HI!a"rn"s8on HMoinlleoway
Horton Hudgins Muggins Kidd Land Langford

McGill McKenzie Peevy Perry Phillips pay Scott of 2nd
S,, cott of 36th *Stumb, aughu
Tate Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Barker Cobb

Howard Kennedy (presiding)

Reddish Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:15 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 570. By Senators Dawkins of the 45th, Barker of the 18th, Barnes of the 33rd and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful the advertisement by an attorney that legal services are available on a contingent fee basis unless the advertisement identifies any payments which are required to be made to any person by clients retaining the attorney on a contin gent fee basis; to provide for related matters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brown of 47th Burton

Coverdell Dawkins Deal Dean Engram Foster Garner

Gillis Greene Harris Hine Holloway Horton Huggins

MONDAY, FEBRUARY 24, 1986

1173

Kennedy McGill McKenzie Peevy

Ray Reddish Starr Stumbaugh

Tate Turner Tysinger

Those not voting were Senators:

Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman

English Fincher Harrison Howard Hudgins Kidd Land Langford

Perry Phillips Scott of 2nd Scott of 36th Timmons Tolleson Trulock Walker

On the passage of the bill, the yeas were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employ ment past 65 years of age; to provide for related matters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
oBBrruoarnwtotnln6yo,f 4,,7-,,th.
Dawkins Deal Dean English

Engram Fincher Foster Gillis Greene
SHHiaanrmeriSson
Horton Huggins Kennedy Langford

McGill McKenzie Peevy Rav Reddish
Scott of 2nd tarr
Tate Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Bond Bowen Brannon BBrroyuanntof 46th
Cobb
Coleman

Coverdell Garner Holloway HHouwdgairnds
Kidd
Land

Perry Phillips Scott of ,,T.immons
Tolleson
Trulock

1174

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SR 389. By Senators Foster of the 50th, Fincher of the 54th and Tate of the 38th:
A resolution creating the Joint Developmental Studies in Georgia Study Committee.

The Senate Committee on Education offered the following amendment:
Amend SR 389 by deleting on Page 1, line 22 and 23, the word "three", and hereafter wherever it appears, and inserting in lieu thereof the word "six".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
n Brown,of BCouvrteorndell Dawkins Deai Dean English Engram

Fincher Foster Garner Gillis Greene
,,Harnson Hme Holloway Horton Muggins Kennedy

Land Langford McGill McKenzie Peevv
_ReJd,d,.lsh, Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barker
Bond
5Broawnennon Broun of 46th Bryant Cobb

Coleman Howard Hudgins
Kldd Perry Phillips

Scott of 2nd Scott of 36th Starr
Timmons Tolleson Trulock

On the adoption of the resolution, the yeas were 37, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 1695. By Representatives Murphy of the 18th, Burruss of the 20th and Lee of the 72nd:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assem-

MONDAY, FEBRUARY 24, 1986

1175

bly, so as to change provisions relating to reimbursement for costs of air travel during the interim.
Senate Sponsor: Senator Holloway of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brantley Brown of 47th Burton Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris Harrison Mine Holloway Horton Hudgins Huggins

Kennedy Land Langford McGill McKenzie Peevy Reddish Starr Stumbaugh Tate Turner Tysinger Walker

Voting in the negative was Senator Ray.

Those not voting were Senators:

Bond
Brannon BDnrryoaunnt, of 46th Cobb Coleman

Coverdell Howard ,K,i.d,d,
Perry Phillips

Scott of 2nd Scott of 36th ,,T,i.mmons
Tolleson Trulock

On the passage of the bill, the yeas were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 563. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility; to provide for all related matters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Barnes Bowen Brannon Brantley

Brown of 47th Burton Dawkins Deal

1176

JOURNAL OF THE SENATE

Dean English Engram Foster Garner Greene Harris Harrison Hine

Holloway Horton Hudgins Huggins Kennedy Kidd Land Langford McGill

McKenzie Ray Reddish Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Bond Broun of 46th BCorybabnt
Coleman
Coverdell

Fincher Gillis PHeoewvyard
Perry
Phillips

Scott of 2nd Scott of 36th ,,T,..mmons
Tolleson
Trulock

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1316. By Representatives Childers of the 15th, Athon of the 57th, McKelvey of the 15th and Smith of the 16th:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Ex aminers, so as to require that board to investigate a licensee's fitness to practice medicine if the board receives certain notifications regarding judgments or settle ments relating to medical malpractice claims or relating to the practice of medicine.
Senate Sponsor: Senator Greene of the 26th.

Senator Greene of the 26th offered the following amendment:

Amend HB 1316 by striking from line 20 of Page 1 the following: "$100,000.00", and inserting in lieu thereof the following: "$50,000.00".

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

Senator Greene of the 26th offered the following amendment:

Amend HB 1316 by striking line 1 through line 9 of Page 1 and inserting in lieu thereof the following:
"To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to delete certain provisions regarding the practice of naturopathy; to require that the Composite State Board of Medical Examiners investigate a licen see's fitness to practice medicine if the board receives certain notifications regarding judg ments or settlements relating to medical malpractice claims or relating to the practice of medicine; to repeal conflicting laws; and for other purposes."

MONDAY, FEBRUARY 24, 1986

1177

By striking line 11 through line 15 of Page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by striking in its entirety Code Section 43-34-1, re lating to the practice of naturopathy, and inserting in its place the following:
'43-34-1. Reserved.'
Section 2. Said chapter is further amended by adding at the end of Code Section 43-3437, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, a new subsection to read as follows:".
By striking from line 24 of Page 1 the number "2" and inserting in lieu thereof the number "3".
Senators Hine of the 52nd and Deal of the 49th offered the following amendment:
Amend the amendment offered by Senator Greene of the 26th to HB 1316 by striking from Page 1, line 5, the following:
"To",

and inserting in its place the following:
"To amend Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports of awards under medical malpractice insurance policies, so as to provide for the dtois"c. losure of certain information in certain judgments and agreements sealed by court order;

By adding a new Section 3 after line 27 to read as follows:
"Section 3. Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports of awards under medical malpractice insurance policies, is amended by adding at the end thereof a new subsection to read as follows:
'(c) A court order requiring that a judgment or agreement be sealed shall not prevent the disclosure of information necessary for any report required by subsection (b) of this Code section.' "
By striking on Page 1, line 29, "3" and inserting in lieu thereof "4".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment of fered by Senators Hine of the 52nd and Deal of the 49th to the amendment offered by Senator Greene of the 26th was adopted.

On the adoption of the amendment offered by Senator Greene of the 26th, the yeas were 41, nays 0, and the amendment was adopted as amended.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Brantley Broun of 46th

Brown of 47th Bryant Burton Coleman Coverdell Dawkins Deal Dean English Engram

Fincher Foster Gillis Greene Harris Harrison Hine Holloway Horton Howard

1178

JOURNAL OF THE SENATE

Hudgins Kennedy TKidd, Land Langford McGill McKenzie
Peevy

Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr
Stumbaugh

Tate Timmons Tolleson Trulock
Turner Tysinger Walker

Those not voting were Senators:

Cobb

Garner

Huggins

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Greene of the 26th moved that HB 1316 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1316 was imme diately transmitted to the House.

SB 564. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be consid ered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations; to provide for related matters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes
Bond Bowen Brann,on
uBroun o\f 4^ 6th BBrownnt of 47th Burton Cobb Coleman Coverdell Dawkins Deal Dean

English Engram Fincher Foster
Garner Gillis Greene
HHaarrrrii8s on THTi. ne Holloway Horton Howard Huggins Kennedy Kidd Land

Langford McGill McKenzie Peevy
Perry Phillips Ray
RSceodtdtisohf 2nd 0Scott of. 36th, Starr Stumbaugh Timmons Trulock Turner Tysinger Walker

MONDAY, FEBRUARY 24, 1986

1179

Those not voting were Senators:

Baldwin

Tate

Hudgins

Tolleson

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 475. By Senator Dawkins of the 45th: A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to qualifications of magistrates, so as to provide that a magistrate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any crimi nal matter when engaged in the private practice of law; to provide for all related matters.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bond Bowen rann.on
Brantley Broun of 46th BBrrovwannt of 47th
Burton Coleman Coverdell Dawkins Deal Dean English

Engram Fincher Foster Garner Gillis Greene Harris
Harrison ... Holnll.eoway
Horton Howard Huggins Kennedy Kidd Land Langford

Those not voting were Senators:

McGill Peevy Perry Phillips Ray Reddish Scott of 2nd
Scott of 36th ,,. |Stuamrr b, augh,
Tate Timmons Tolleson Trulock Turner Tysinger Walker

Allgood Cobb

Hudgins

On the passage of the bill, the yeas were 52, nays 0.

McKenzie

1180

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

HB 1447. By Representatives Steinberg of the 46th, Pannell of the 122nd, Mueller of the 126th, Walker of the 115th, Randall of the 101st and others:
A bill to amend Code Section 19-13-1 of the Official Code of Georgia Annotated, relating to the definition of family violence, so as to change such definition.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Brannon of the 51st moved that HB 1447 be committed to the Senate Commit tee on Judiciary and Constitutional Law.

Senator Barnes of the 33rd moved the previous question.

Senator Brannon of the 51st moved that HB 1447 be placed on the Table.

The President stated that the motion to table takes precedence over the motion for the previous question.

On the motion offered by Senator Brannon of the 51st to table HB 1447, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Brannon Deal

Garner Huggins

Kidd Tate

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bnd
DBroun o,f 4, c6.tuh BBuryrtaonnt Coleman Coverdell Dawkins Dean English

Engram Foster Gillis Greene Harris
Hine HHoolrltoownay Howard Kennedy Langford McGill Peevy

Perry Phillips Ray Reddish Scott of 2nd
SGc. ott of 36th *S*tu*m" b, augh, Tolleson Trulock Turner Tysinger Walker

Those not voting were Senators:

Brantley Brown of 47th Cobb

Fincher Hudgins Land

McKenzie Timmons

On the motion offered by Senator Brannon of the 51st to table HB 1447, the yeas were 7, nays 41; the motion was lost, and HB 1447 was not placed on the Table.

On the motion offered by Senator Barnes of the 33rd for the previous question, the next motion in precedence, the motion prevailed, and the previous question was ordered.

MONDAY, FEBRUARY 24, 1986

1181

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Burton Coleman Coverdell Dawkins Dean English

Engram Foster Garner Gillis Greene Harris Harrison Hine Holloway Horton Howard Huggins Kennedy Kidd Langford

McGill Peevy Perry Phillips Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tate Tolleson Trulock Turner Tysinger Walker

Those voting in the negative were Senators:

Albert

Deal

Ray

Brannon

Those not voting were Senators:

Cobb Fincher

Hudgins Land

McKenzie Timmons

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SB 497. By Senator Deal of the 49th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards.

Senator Deal of the 49th offered the following amendment:
Amend SB 497 by striking on Page 13, line 19, the word "no", and inserting in lieu thereof the word "not".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment: Amend SB 497 by striking on line 27 of Page 3 the following: "or 'Physician,'".

1182

JOURNAL OF THE SENATE

By striking on line 24 of Page 4 the following:
"and (j)",
and inserting in place thereof the following:
"(j), (k), and (1)".
By striking the quotation mark on line 19 of Page 5 and adding between lines 19 and 20 of Page 5 the following:
"(k) Persons hired for the purpose of conducting investigations for the board shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this chapter or of any of the laws creating or related to the board. Such investigators shall be authorized, upon written ap proval of the executive director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun.
(1) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer; provided, however, that nothing in this Code sec tion shall be construed to make any investigator eligible for membership in the Peace Of ficers' Annuity and Benefit Fund.' "

On the adoption of the amendment, the yeas were 41, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Dawkins Deal

Dean English Engram Fincher Foster Garner Greene Harris Harrison Hine Horton Huggins Land Langford

McKenzie Peevy Perry Phillips Ray Reddish Scott of 2nd Scott of 36th Starr Stumbaugh Tolleson Trulock Turner Tysinger

Those voting in the negative were Senators:

Bond Bowen Bryant Burton

Gillis Holloway Howard Hudgins

Kennedy Kidd McGill Tate

Not voting were Senators Timmons and Walker.

On the passage of the bill, the yeas were 42, nays 12.

MONDAY, FEBRUARY 24, 1986

1183

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1560. By Representatives Thomas of the 69th, Cummings of the 17th and Lee of the 70th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regard ing school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.
Senate Sponsor: Senator Foster of the 50th.

The Senate Committee on Education offered the following amendment: Amend HB 1560 by adding on Page 1, line 21, after the word "than" the following: "local school funds."

On the adoption of the amendment, the yeas were 0, nays 37, and the amendment was lost.

Senator Foster of the 50th offered the following amendment: Amend HB 1560 by adding on Page 1, line 21, after the word "than" the following: "school funds."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Burton
Cobb Coleman
Coverdell Dawkins Dean

English Engram Fincher Foster Garner Gillis Greene Harris Hine Holloway Horton Howard
Hudgins Huggins
Kennedy Kidd Land

Langford McGill McKenzie Peevy Perry philli ^ t> jj- u *ed*lah. ,ftf. ?cott of 36th Starr Stumbaugh
Tate Trulock
Turner Tysinger Walker

Voting in the negative were Senators Harrison and Tolleson.

Those not voting were Senators:

Brantley Deal

Scott of 2nd

Timmons

1184

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time and lost on February 18 and reconsidered on February 19, was put upon its passage:

SB 468. By Senators Langford of the 35th, Bond of the 39th, Walker of the 43rd and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special proce dures for the trial and imposition of sentences in certain cases in which the de fendant is under 18 years of age; to provide for practices and procedures; to pro vide for psychiatric examinations and the use of the results thereof.

Senator Garner of the 30th offered the following amendment:
Amend SB 468 by striking on line 18, Page 2 the word "revelant" and substituting in lieu thereof the word "relevant".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Bond Bowen Broun of 46th Brown of 47th Cobb Deal Dean English

Foster Gillis Hine Holloway Horton Howard Hudgins Huggins Kidd Langford McGill

McKenzie Peevy Perry Phillips Scott of 2nd Scott of 36th Stumbaugh Tate Trulock Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Brannon Bryant Coverdell Dawkins

Engram Garner Harris Harrison Kennedy Land

Ray Reddish Starr Timmons Tolleson Tysinger

Those not voting were Senators:

Brantley Burton

Coleman Fincher

Greene

On the passage of the bill, the yeas were 33, nays 18.

MONDAY, FEBRUARY 24, 1986

1185

The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court rea sonable attorney's fees and expenses may be awarded to any party against whom another party has asserted a claim or position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim or position.
Senate Sponsor: Senator Dawkins of the 45th.
The Senate Committee on Judiciary and Constitutional Law offered the following sub stitute to HB 1146:
A BILL
To be entitled an Act to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, so as to include in the definition of costs attorney's fees and related expenses in certain cases; to provide for when such costs may be demanded; to provide discretion in the court to award attorney's fees and related expenses; to provide for all procedural matters and other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, is amended by striking Code Section 9-15-1, relating to parties liable for costs, in its entirety and inserting in lieu thereof a new Code Section 9-15-1 to read as follows:
"9-15-1. (a) In all civil cases in any of the courts of this state, except as otherwise pro vided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof.
(b) Except as otherwise specifically provided by law, the court shall include in any judg ment in a court of record of this state reasonable and necessary attorney's fees and related expenses as required for the attainment of justice or for defending the rights of any party. For purposes of this Code section, the term 'party' shall include the state and its officers, departments, agencies, authorities, boards, commissions, and political subdivisions.
(c) Such award of reasonable and necessary attorney's fees and related expenses shall not be awarded to a prevailing party where the court finds that:
(1) Services were performed subsequent to the time of a written offer of settlement, if the offer was made more than ten days before trial begins, the offer was not accepted, and the court finds that the relief finally obtained by the party is not more favorable to the party than the offer of settlement;
(2) There was no bona fide attorney-client relationship with an identified client;
(3) The prevailing party proceeded pro se; or
(4) The litigation was brought principally for the purpose of obtaining attorney's fees and related expenses.
(d) Such award of reasonable and necessary attorney's fees and related expenses may be

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denied or reduced, in the discretion of the court, where the court finds that the prevailing party:
(1) Engaged in conduct during the course of the proceeding that unreasonably or un duly protracted the final resolution of the matter or matters in controversy;
(2) Incurred or increased fees or expenses through overcaution, negligence, or mistake, by payment of special fees to counsel or special charges or expenses to witnesses or other persons, or by other unusual expenses or costs; or
(3) Provided time and service which was excessive with regard to the nature of the controversy or unreasonably exceeded the results achieved in the proceeding.
The court may also find that special circumstances make such an award unjust, requiring its denial or reduction.
(e) In addition to subsections (c) and (d) of this Code section, attorney's fees and re lated expenses shall not be awarded against the state, its officer, or its department, agency, authority, board, commission, or political subdivision when the court finds the position of the state, its officer, or its department, agency, authority, board, commission, or political subdivision was substantially justified.
(f) Nothing contained in this chapter shall affect attorney's fees as between a lawyer and his client, which remain a matter of private agreement."
Section 2. Said chapter is further amended by striking Code Section 9-15-3, relating to when costs may be demanded, in its entirety and inserting in lieu thereof a new Code Sec tion 9-15-3 to read as follows:
"9-15-3. (a) The several officers of court are prohibited from demanding the costs in any civil case or any part thereof until after judgment in the same, except as otherwise provided by law.
(b) Reasonable and necessary attorney's fees and related expenses pursuant to subsec tion (b) of Code Section 9-15-1 may be dealt with by the court, in its discretion, at any stage of the proceeding where there has been a final determination on the merits of a significant legal claim at issue in the litigation, notwithstanding that the proceedings have not been concluded or brought to final judgment.
(c) A party seeking an award of attorney's fees and related expenses under subsection (b) of Code Section 9-15-1 shall, within 30 days of final judgment in the action, submit to the court an application for such costs which shows that the party is a prevailing party and is eligible to receive an award under subsection (b) of Code Section 9-15-1 and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party, stating the actual time expended and the rate at which fees and other expenses are computed. The attorney shall also certify that the services rendered or related expenses incurred were required by the prevailing party for the attainment of justice or for defending the party's rights.
(d) Where any attorney fails to file his bill of costs, with the required documents, within the time fixed under this Code section or otherwise delays or impedes the taxation, then, unless the court otherwise directs, the attorney shall not be allowed the costs to which he would otherwise be entitled."
Section 3. Said chapter is further amended by striking Code Section 9-15-7, relating to liability of attorneys for costs, in its entirety and inserting in lieu thereof a new Code Sec tion 9-15-7 to read as follows:
"9-15-7. (a) If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs thereof.

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(b) In any proceeding where reasonable and necessary attorney's fees and related ex penses are imposed pursuant to subsection (b) of Code Section 9-15-1, the attorney may be jointly and severally liable with the losing party in whole or part, or may be solely liable in whole or part, in the discretion of the court, when it is determined that the costs or part of the costs incurred by the prevailing party were as the result of the losing attorney's failure to determine, to the best of his knowledge, information, and belief formed after reasonable inquiry, that:
(1) The losing party's position, pleading, motion, or other action was well grounded in fact and warranted by existing law or a good faith argument existed for the extension, modi fication, or reversal of existing law; and
(2) That such position, pleading, motion, or other action was not interposed for any improper purpose.
(c) No order under this Code section shall be made against an attorney unless he has been given reasonable opportunity to appear before the court and show cause why the order should not be made. The court may direct that notice of any proceeding or order against an attorney under this Code section shall be given to his client in such manner as may be specified."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but the provisions of this Act relating to reasonable and necessary attorney's fees and related expenses shall apply only to actions initiated and filed on or after January 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant
Burton Cobb Coleman
Coverdell Dawkins Deal Dean

English Engram Fincher Foster Gillis Greene Harris Harrison Mine Holloway
Horton Howard Hudgins
Huggins Kennedy Kidd Land

Voting in the negative was Senator Brannon.

Langford McGill McKenzie Peevy Perry f^ay Reddish c ,. t na ., Scott of 36th Stumbaugh
late Timmons Tolleson
Trulock Turner Tysinger Walker

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Those not voting were Senators:

Brantley Garner

Phillips Scott of 2nd

Starr

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 452. By Senators Phillips of the 9th, Dawkins of the 45th, Deal of the 49th and others:
A resolution commending Ken Zimmerman, president of the United States Jaycees.

Serving as a doctor of the day today was Dr. Beverly Sanders of Macon, Georgia.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:18 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.